The URL can be used to link to this page

Home My WebLink About2007-08-07; City Council; Resolution 2007-2101 RESOLUTION NO. 2007-210 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, VACATING A PORTION OF EMBARCADERO LANE. 4 WHEREAS, the City Council of the City of Carlsbad on July 17, 2007 did adopt 5 Resolution of Intention No. 2007-182 declaring their intention to vacate a portion of o Embarcadero Lane; and 7 WHEREAS, the City Council did find in said Resolution that the proposed vacation was 8 in accordance with the Growth Management policies and consistent with the General Plan; and g WHEREAS, all publication and posting of notices regarding the proposed vacation of portions of Embarcadero Lane, pursuant to said Resolution have been given as required by law; 10 and WHEREAS, the area to be vacated would not be useful as a non-motorized 12 transportation facility; and 13 WHEREAS, the City Council did hear the evidence offered by all persons interested in 14 said proposed vacation and does find from all the evidence submitted that the portion of Embarcadero Lane proposed to be vacated is unnecessary for present or prospective public 15 use. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 18 1. That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code the portion of Embarcadero Lane as described in Exhibit A and shown for the20 sake of clarity on Exhibit B is hereby vacated, closed up and abandoned for public street 21 purposes. 22 3. It also shall be said it is Council's intention to conduct the proceedings for this 23 street vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 24 4. That easements and rights necessary to maintain, operate, replace, remove or renew in-place public facilities are reserved by dedication of a public general utility and access easement on the final map known as CT 04-11, Poinsettia Commons. 26 5. From the date the resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a public street. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of August, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. >, Mayor ATTEST: ASEAL) EXHIBIT "A" LEGAL DESCRIPTION FOR STREET VACATION STV 06-06 A PORTION OF EMBARCADERO LANE, 60.00 FEET IN WIDTH, GRANTED PER DOCUMENT NO. 2002—0033832 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 15, 2002, BEING IN LOT 5 OF CARLSBAD TRACT NO. 97-10, POINSETTIA PROPERTIES, ACCORDING TO MAP THEREOF NO. 13785, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 1999, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTIONS OF AVENIDA ENCINAS, 84.00 FEET IN WIDTH AND SAID EMBARCADERO LANE; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID EMBARCADERO LANE, SOUTH 00°38'35" WEST (SOUTH 00°38'04" WEST - RECORD) 42.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS AND THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°20'16" EAST (SOUTH 89°20'47" EAST - RECORD) 55.00 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY, 39.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°01'09"; THENCE TANGENT FROM SAID CURVE, SOUTH 00°38'35" WEST 24.89 FEET (SOUTH 00°38'04" WEST 24.91' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE SOUTHERLY, 107.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°15'19" (36°15'14" - RECORD); THENCE TANGENT FROM SAID CURVE, SOUTH 35°36'44" EAST 59.23 FEET (SOUTH 35°37'10" EAST 59.25' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE SOUTHERLY, 60.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'18" TO THE MOST WESTERLY CORNER OF LOT 4 OF SAID MAP NO. 13785; THENCE TANGENT FROM SAID CURVE AND ALONG THE WESTERLY LINE OF SAID LOT 4, SOUTH 20°27'26" EAST 469.74 FEET (SOUTH 20°27'52" EAST 469.80' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY, 29.07 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83°17'07" (83°17'24" - RECORD); THENCE NON-TANGENT FROM SAID CURVE, SOUTH 36°06'38" WEST 93.06 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 5, SAID POINT ALSO BEING THE COTERMINOUS OF THE SOUTHWESTERLY AND SOUTHEASTERLY RIGHTS-OF-WAY OF SAID EMBARCADERO LANE; THENCE NORTHERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, NORTH 20°27'26" WEST 540.87 FEET (NORTH 20°27'52" WEST 540.94' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 170.00 FEET; THENCE NORTHERLY, 44.97 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'18"; THENCE TANGENT FROM SAID CURVE, NORTH 35°36'44" WEST 59.23 FEET (NORTH Page 1 of 2 35°37'10" WEST 59.25' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 230.00 FEET; THENCE NORTHERLY, 145.54 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°15'19" (36°15'14" 145.53' - RECORD); THENCE TANGENT FROM SAID CURVE, NORTH 00°38'35" 24.93 FEET (NORTH 00°38'04" EAST 24.94' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°58'51" TO THE SOUTHERLY RIGHT-OF-WAY OF SAID AVENIDA ENCINAS; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°20'16" EAST (SOUTH 89°20'47" EAST - RECORD) 55.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINS 1.126 ACRES, MORE OR LESS BYi RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09-30-08) DATE: Page 2 of 2 EXHIBIT "B° •- BASS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS THE CAUFORNIA COORDINATE SYSTEM ZONE 6, EPOCH 1991.35 MEASUREMENTS TO POINTS "A* AND "B" ARE SHOWN HEREON. "A" AND "B" ARE ADJUSTED TO G.P.S. STATION 135 AND G.P.S. STATION 136 PER RECORD OF SURVEY NO. 17271 /.£ NORTH 20-27'26* WEST QUOTED BEARINGS FROM REFERENCE MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT POINT "A" IS 0.99996473 GRID DISTANCE = GROUND DISTANCE x COMBINED SCALE FACTOR. ALL MEASURED DISTANCES SHOWN HEREON ARE GROUND DISTANCES. THE MAPPING ANGLE AT POINT "A" IS -0*35'77.56" LEGEND: P.O.C. T.P.O.B. (R) PORTION OF EMBARCADERO LANE VACATED HEREON AREA * 1.126 ACRES EXISTING LOT LINES INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES RADIAL BEARING INDICATES RECORD DATA PER DOCUMENT NO. 2002-0033832 RECORDED JANUARY 15, 2002 O.R. VICfUTYMAP NO SCALE LEGAL DESCRIPTION: A PORTION OF EMBARCADERO LANE, 60.00 FEET IN WIDTH, GRANTED PER DOCUMENT NO. 2002-0033832 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 15, 2002 ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 (619) 235-6471 NO. 5506 Exp. date 9-30-08 RONALD E. ROTH L.S. 5506 MY LICENSE EXPIRES 9-30-08 STREET VACATION - CITY OF CARLSBAD STV 06-06 SHEET1 OF2 APPLICANT: POINSETTIA COMMONS LLC 949 SOUTH COAST DRIVE SUITE 400 COSTA MESA, CA 92626 APPROVED BY: ROBERT T. JOHNSON, JR., ACTING CITY ENGINEER RCE 28515 REGISTRATION EXPIRES MARCH 31, 2008 P: \3153\UAPPING\PLATS\3153 S77? VAC.dwg Jan 23. 2007 -POINT "B T.P.O.B.- 00' »f-l»EXHIBIT °B 55.00'_NQQ'39'44'E(g[ cr (NOO'38'04"E 24.94') NOO'38'35"E 24.93' •C2 (NOO'38'04"E 24.91') ^A/00'Jfi'J5"E 24.89^ R=230.00'- L=145.54' (L=145.53') (N35'37'10"W 59.25') N35'36'44*W 59.2J- LOT R=170.W L=107.57' I lj 59.25') N35'36'44"W 59.23', \ 170.00' 44.97' R=230.W L=B0.84'Lor 4 \ LINE L1 BEARING (N89"20'47"W) N89"20'16*W LENGTH 110.00' CARLSBAD POJNSETTJA MAP NO. 'TRACT A/a 97-10 PROPERTIES 13785 CURVE C1 C2 C2 DELTA 89f58'51" 90V1'09" 8-51 '22" RADIUS 25.00' 25.00' 642.00' LENGTH 39.26' 39.28' 99.23' PORTION OF EMBARCADERO LANE GRANTED PER DOC. NO. 2002-0033832 RECORDED 1-15-02 O.R. TO REMAIN^ (A=83-17'24") 6=83-1 T07" R=20.00' POINT "A"- IDENTICAL- POINTS STREET VACATION-CITY OF CARLSBAD S7V 06-06 SHEET 2 OF 2 APPLICANT: POINSET7IA COMMONS LLC 949 SOUTH COAST DRIVE SUITE 400 COSTA MESA, CA 92626 APPROVED BY: ROBERT I JOHNSON. JR., ACTING CITY ENGINEER RCE 33069 REGISTRATION EXPIRES JUNE 30, 2008 P: \3153\UAPPING\PLATS\3153 SIR VAC.dwg .lrm ?.T