Loading...
HomeMy WebLinkAbout2007-10-09; City Council; Resolution 2007-269 (2)ft RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DGC# 2007-0658477 OCT12, 2007 12:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY.!. SMITH COUNTY RECORDER FEES 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2007-269 SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF MAP NO. 15332 (STV 07-03. CT 03-02) 1 RESOLUTION NO. 2007-269 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF MAP NO. 15332 (STV 07-03. CT 03-02). WHEREAS, a general utility and access easement was created over portions of Lot 1 by Map No. 15332 (CT 03-02); and WHEREAS, said easement is defined as public easement per section 8306 of the Q California Streets and Highways Code; and WHEREAS, Planning Commission approved Carlsbad Tract 03-02 (CT 03-02) for the9 proposed Carlsbad Ranch Hotel and Timeshare Resort pursuant to Resolution No. 5686 dated September 1, 2004; and 11 " 12 13 n pool and hotel which requires the owner to vacate a portion of the existing public utility easement14 within Lot 1 of CT 03-02; and 15 WHEREAS, new public utility easements per condition 53 of Resolution No. 5686 have 16 been dedicated or will be dedicated with the next phase of development; and 17 WHEREAS, the affected utility companies have been notified and no facilities are within the area to be vacated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,i y California, as follows: 20 1. That the above recitations are true and correct. 21 2. That pursuant to Section 8335 and 8336 of California Streets and Highways WHEREAS, condition 53 of Resolution No. 5686 requires the owner to dedicate to the City an easement for public utility as shown on the Tentative Map; and WHEREAS, Engineering and Planning Departments have approved a relocation of the Code, said public utility easement more particularly described in Exhibit A, and shown for the sake of clarity in Exhibit B, be summarily vacated. 22 23 n 3. The City Clerk is directed to record this resolution in the Office of the County24 Recorder of San Diego County. 25 4. From the date the resolution is recorded in the County Recorder's office, the area 2® vacated no longer constitutes a public utility easement. 27 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 9th day of October, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Nygaard. ATTEST: '(SEALp1 M. WQOft.'City CleftO ^ EXHIBIT "A" ---.--. LEGAL DESCRIPTION VACATION OF PUBLIC UTILITY EASEMENT STV 07-03 THAT PORTION OF A 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT DEDICATED TO THE CITY OF CARLSBAD ON CITY OF CARLSBAD TRACT NO. 03-02, MAP NO. 15332 RECORDED MAY 3, 2006 AS FILE NO. 2006-031184 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF LOT 12 AND THE NORTHWESTERLY LINE OF LOT 1 AS SHOWN ON SAID MAP, SAID POINT ALSO LYING ON A 353.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 61°59'41" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID EASTERLY LINE OF LOT 12 THROUGH A CENTRAL ANGLE OF 29°14'20", AN ARC LENGTH OF 180.14 FEET TO THE BEGINNING OF A 410.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 32°45'21" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°32'29", AN ARC LENGTH OF 118.37 FEET TO THE TRUE POINT OF BEGINNING; A RADIAL TO SAID POINT BEARS NORTH 49°17'50" EAST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'43", AN ARC LENGTH OF 20.00 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT, A RADIAL TO SAID POINT BEARS NORTH 52°05'33" EAST; THENCE LEAVING SAID EASTERLY LINE OF LOT 12 ALONG SAID SOUTHERLY LINE NORTH 50°22'17" EAST A DISTANCE OF 22.69 FEET; THENCE NORTH 59°28'55" EAST A DISTANCE OF 152.17 FEET; THENCE SOUTH 30°31'05" EAST A DISTANCE OF 4.93 FEET; THENCE SOUTH 75°31'05" EAST A DISTANCE OF 27.51 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 59°28'55" EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID EASEMENT; THENCE ALONG SAID NORTHERLY LINE NORTH 30°31'05" WEST A DISTANCE OF 8.28 FEET; THENCE NORTH 75°31'05" WEST A DISTANCE OF 27.51 FEET; THENCE NORTH 30°31'05" WEST A DISTANCE OF 25.36 FEET; THENCE SOUTH 59°28'55" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 30°31'05" EAST A DISTANCE OF 8.71 FEET; THENCE SOUTH 59°28'55" WEST A DISTANCE OF 153.77 FEET; THENCE SOUTH 50°22'17" WEST A DISTANCE OF 24.17 FEET TO THE TRUE POINT'OF -> BEGINNING. r S' SAID PORTION OF LAND CONTAINS 4,749.58 SQUARE FEET. N59'28'55"E 20.00'VICINITY MAP NJO'J1'05'W 8.28' N75'J1'05"W 27.51' S30'31'05"E 4.93' 20.00' S30'31'05"E 8.71'SCALE 1 = JO LEGEND N50'2217E 22.69'PORTION OF EXISTING PUBLIC UTILITY EASEMENT TO BE VACATED TRUE POINT OF BEGINNING PUBLIC UTILITY EASEMENT PER MAt N32'45'21 EXCEL ENGINEERING 440 STATE PLACE ESCONDin CA 9ZO& PHONE (760) 745-8118 POINT OF- COMMENCEMENT VACATION OF PUBLIC UTILITY EASEMENT STV 07-03 0 APPLICANT/OWNER GRAND PACIFIC RESORTS, INC. 5900 PASTEUR COURT, SUITE 200 CARLSBAD, CA 92008 (760) 431-8500 CONTACT: TIM STRIPE EXHIBIT B VCHAEL D. LEVIN LS. 6896 DATE EXP. 6/30/07 SHT 1 OF 1 SHTS APN: 211-130-01 Iff 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. 2007-269. SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT ACROSS LOT 1 OF MAP NO. 15332 (STV 07-03. CT 03-02) 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 10th day of oOctober, 2007. ERRY DEPUTY (SEAL) ISINGER /T IRK (J