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HomeMy WebLinkAbout2007-08-07; City Council; Resolution 2007-211 (2)5411 DQC# 2007-0532404 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 AUG 09, 2007 11:59 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J. S MIT H, CO Li N T Y R E CO Fl D E R FEES: 0.00 PAGES: 10 2007-0532404 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2007-211 Vacating Slater Place and a Portion of the General Utility and Access Easement (STV 06-04) PIP 06-10. AB 19,126 8/7/07 1 RESOLUTION NO. 2007-211 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3" 4 5 8 WHEREAS, on December 6, 2006, the City Planning Department approved Planned9 Industrial Permit 06-10 with conditions. The design and conditions of approval reflect the vacation 10 of Slater Place and a portion of a General Utility and Access Easement that served Lots 19-22 11 proposed to be developed; and 12 WHEREAS, the Planned Industrial Permit 06-10 contemplated the vacation of 13 Slater Place and the portion of a General Utility and Access Easement; and 14 15 16 17 18 25 26 27 28 5412 CARLSBAD, CALIFORNIA, TO VACATE SLATER PLACE AND A PORTION OF ASSOCIATED GENERAL UTILITY AND ACCESS EASEMENT. WHEREAS, Bressi Ocean Collection, LLC, a California Limited Liability Company, the owners of property described as Lots 19-22 of Carlsbad Tract No. 02-15, Bressi Ranch, also shown on Planned Industrial Permit 06-10, has filed an application to vacate a portion of Slater Place and a portion of a General Utility and Access Easement; and WHEREAS, the street vacation is conditioned upon the applicant merging Lots 19-22 of Carlsbad Tract No. 02-15, Bressi Ranch, according to Map Thereof No. 14960 filed in the Office of the County Recorder of San Diego County on February 4,2005; and WHEREAS, the street vacation is conditioned upon the applicant agreeing to install and post the appropriate securities for a private driveway and utilities to replace said vacated portion of Slater Place, all to the satisfaction of the City Engineer; andi y WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City of Carlsbad; and 21 WHEREAS, all publication and posting of notices regarding the proposed vacation of 22 Slater Place and a portion of a General Utility and Access Easement have been made pursuant to 23 Division 9, Part 3, of the California Streets and Highways Code; and WHEREAS, the City Council did hear evidence offered by all persons interested in said vacation and does find from all the evidence submitted that Slater Place and a portion of a General Utility and Access Easement is unnecessary for present or future street or utility purposes. 5413 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, of the California Streets and Highways Code, Slater Place and a portion of the General Utility and Access Easement as described in Exhibit "A" and shown for the sake of clarity on Exhibit "B" is hereby vacated, closed up, and abandoned for 6 public street and utility purposes. 3. That the City Clerk is directed to record this resolution, the attached legal Q descriptions and plat in the office of the County Recorder of San Diego County. 9 4. From the date the resolution is recorded in the County Recorders Office, the area 10 being vacated no longer constitutes a public street or general utility and access easement. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5414 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. A LEWIS:Mayor ATTEST: 5415 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION STV 06-04 PARCEL 1: SLATER PLACE GRANTED PER CARLSBAD TRACT 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF INNOVATION WAY, 72.00 FEET IN WIDTH AND SLATER PLACE, 72.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14960; THENCE WEST ALONG THE CENTERLINE OF SAID SLATER PLACE, WEST 36.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID INNOVATION WAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00°16'45" WEST 61.12 FEET TO A POINT OF CUSP WITH A CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, 39.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°16'45"; THENCE TANGENT FROM SAID CURVE, WEST 148.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE WESTERLY, 29.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°43'47"; THENCE TANGENT FROM CURVE SOUTH 71°16'13" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 60.00 FEET; THENCE NORTHWESTERLY AND NORTHEASTERLY, 227.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 217°27'34"; THENCE TANGENT FROM SAID CURVE SOUTH 71°16'13" EAST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE EASTERLY, 29.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°43'47"; THENCE TANGENT FROM SAID CURVE, EAST 149.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY, 39.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°43'15" TO THE WESTERLY RIGHT-OF-WAY OF SAID INNOVATION WAY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF- WAY, SOUTH 00°16'45" WEST 60.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.631 ACRE, MORE OR LESS Page 1 of 2 5416 PARCEL 2: BEING A PORTION OF LOT 19 OF CARLSBAD TRACT CT 02-15 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 14960 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 19; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 19, EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID LOT 19, EAST 235.40 FEET TO THE INTERSECTION WITH A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO SAID CURVE BEARS WEST; THENCE SOUTHERLY, 31.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°00'00"; THENCE DEPARTING SAID CURVE, AND 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 19, WEST 242.96 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF A 30.00 WIDE EASEMENT FOR GENERAL UTILITY AND ACCESS GRANTED ON SAID MAP NO. 14960; THENCE NORTH 00°54'50" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.164 ACRE, MORE OR LESS RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09-30-08) DATE: Page 2 of 2 5417 P.O.C. T.P.O.B. ® (c) EXHIBIT *B' EXISTING LOT LINES AREA OF STREET RIGHT-OF-WAY BEING VACATED (0.631 ACRE) AREA OF GENERAL UTILITY AND ACCESS EASEMENT BEING VACATED (0.164 ACRE) INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING EL FUERTE • STREET-, | ROAD I INNOVATION _ WAY • COSM \ BOULEVARD I VICINITY HAP NO SCALE RESTRICTED SIGHT CORRIDOR EASEMENT AS SHOWN ON MAP NO. 14960 LANDSCAPE MAINTENANCE EASEMENT TO BE MAINTAINED BY THE FUTURE PROPERTY OWNER'S ASSOCIATION AS SHOWN ON MAP NO. 14960 FUTURE PRIVATE DRAINAGE EASEMENT SHOWN ON MAP NO. 14960 GENERAL UTILITY AND ACCESS EASEMENT GRANTED ON MAP NO. 14960 EASEMENT IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY PER DOCUMENT RECORDED APRIL 11, 2005 AS DOC./2005-0294004 EASEMENT IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY PER DOCUMENT RECORDED APRIL 11, 2005 AS DOC.#2005-0294021 ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 (619) 235-6471 RONALD E. ROTH LS. 5506 MY LICENSE EXPIRES 9-30-08 STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION PLAT-CITY OF CARLSBAD SWEET; OF2 APPLICANT: RANCHO PACIFIC PROPERTIES, INC. 1280 BISON AVE., B9-609 NEWPORT BEACH. CA 92660 PIP 06-10 STV 06-04 P:\3370\HAPPING\PLATS\3370 STR VAC.dwg Jun 05, 2007 5418 EXHIBIT "B1 ,OT 23 100 GRAPHIC SCALE 0 50 100 200 CARLSBAD TRACT CT 02-15 ( IN FEET ) 1 inch = 100 ft CD ^© L8- MAP NO, 14980 LOT 22 P.O.C. PARCEL 2 T.P.O.B. PARCEL 2 PORTION OF PRIVATE LANDSCAPE MAINTENANCE EASEMENT IN FAVOR OF THE FUTURE PROPERTY OWNERS ASSOCIATION AS SHOWN ON MAP NO. 14960 TO BE VACATED BY SEPARATE DOCUMENT. 'PARCEL 2 \EAST \ 235.40' ^J EAST 242.96' C6r\LOT 19 LINE TABLE NO. L1 12 L3 14 L5 L6 17 L8 BEARING N0016'45'E EAST N7116'13"E N7n6'13"W EAST N0016'45"E N0016'45'E NOOt54'50"W LENGTH 122.00' 148.46' 50.00' 50.00' 149.06' 61.12' 60.88' 30.00' [NSOWOO'E (R) CURVE TABLE NO. C1 C2 C3 C4 C5 C6 DELTA 9016'45" 18'43'47~ 217"27'34 18'43'47" 89'43'15" MW'OO" RADIUS 25.00' 90.00' '60.00 90.00' 25.00' 60.00' LENGTH 39.39' 29.42' 227.72' 29.42' 39.15' 31.42' LOT 20 GATEWAY ROAD STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION PLAT-CITY OF CARLSBAD SHEET 2 OF 2 APPLICANT: RANCHO PACIFIC PROPERTIES, INC.PIP 06-10 1280 BISON AVE., B9-609 NEWPORT BEACH. CA 92660 STV 06-04 P:\3370\MAPPING\PLATS\3370 STR VAC.dwg,i,,n na. ?nr>7 5419A STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2007-211. VACATING SLATER PLACE AND A PORTION OF ASSOCIATED GENERAL UTILITY AND ACCESS EASEMENT with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 8th day of August, 2007. jgHERR/talEisINGEjftS /DEPUTYCLERK (SEAL) r>:.a