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Home My WebLink About2010-02-16; City Council; Resolution 2010-0231 RESOLUTION NO. 2010-023 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE A PORTION OF EL CAMINO REAL LOCATED BETWEEN CRESTVIEW DRIVE AND LISA STREET AND 3 4 SETTING A PUBLIC HEARING. 5 WHEREAS, Khaled Chehade Family Trust and Khaled Chehade Family Trust dated 6 October 1, 1986, owners of property described as Parcel "A" and Parcel "B", respectively, of City of Carlsbad Certificate of Compliance for Adjustment Plat 03-17, Recorded January 21, 2005, in the Office of the Recorder of said San Diego County, as Document No. 2005-0054769 of Official Records, has filed an application to vacate a portion of El Camino Real; and WHEREAS, the City Engineer on July 16, 2007 approved Minor Subdivision 05-10 for the Eucalyptus Minor Subdivision; and WHEREAS, the tentative parcel map for MS 05-10 contemplated the vacation of a portion of El Camino Real; and WHEREAS, the City Engineer has determined that this portion of El Camino Real is not needed for present or future street purposes; and WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. It is Council's intention that easements and rights necessary to maintain, operate, replace, remove or renew in-place public utility facilities will be reserved and excepted from the vacation. 3. It is Council's said intention to vacate, for public street purposes, a portion of El Camino Real described in Exhibit "A-1" and "A-2" and shown for the sake of clarity on Exhibit "B- 1"and"B-2". y 1 4. It also shall be Council's said intention to conduct the proceedings for this street 2 vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 3 5. A public hearing shall be held at the City Council Chambers at 1200 Carlsbad 4 Village Drive, Carlsbad, California, at 6:00 p.m., on March 9, 2010 for all persons interested in or objecting to said proposed vacation. c 6. The City Clerk is instructed to publish this resolution of intention in the local newspaper and the City Engineer is instructed to post such notices along the site in accordance 8 with the California Streets and Highways Code. 9 /// 10 /// 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 16th day of February, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: j£ity Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) EXHIBIT "A-l" STREET VACATION THAT PORTION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, BEING ALSO A PORTION OF PARCEL "A" OF CITY OF CARLSBAD CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT 03-17, RECORDED JANUARY 21,2005, IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AS DOCUMENT NO. 2005-0054769 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTHEAST CORNER OF SAID PARCEL A, BEING A POINT ON THE CENTERLINE OF COUNTY ROAD SURVEY NO. 682 FILED IN THE COUNTY OF SAN DIEGO, AS DESCRIBED IN EASEMENT FOR COUNTY HIGHWAY, RECORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFICIAL RECORDS, THENCE LEAVING SAID CENTERLINE ALONG THE EASTERLY LINE OF SAID PARCEL A, SOUTH 07° 15'51" WEST, 31.14 FEET TO A POINT OF INTERSECTION WITH A 1937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, DISTANT 63.00 FEET SOUTHERLY AND CONCENTRIC TO THE CENTERLINE OF EL CAMINO REAL PER ROAD SURVEY 1800-1 (A13B), APPROVED BY THE COUNTY ENGINEER OF SAN DIEGO COUNTY, ON JANUARY 6, 1969, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 07°15'51" WEST, 9.46 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF SAID COUNTY ROAD SURVEY NO. 682, BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 960.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 17°18'42" EAST; THENCE WESTERLY ALONG SAID CURVE AND SIDELINE, THROUGH A CENTRAL ANGLE OF 07°33'37", AN ARC DISTANCE OF 126.67 FEET TO THE WESTERLY LINE OF SAID PARCEL A; THENCE ALONG SAID LINE, NORTH 02°01 '31" WEST, 1.13 FEET TO A POINT DISTANT 63.00 FEET SOUTHERLY FROM SAID CENTERLINE OF EL CAMINO REAL PER SAID ROAD SURVEY 1800-1 (A 13B), BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1,937.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07°53'08" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°43'52", AN ARC DISTANCE OF 126.14 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.013 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION RONALD L. HOLLOWAY R.C.E. 29271 DATE K:\SURVEY\DATA\0908\LEGALS\STREET VAC PAR A.DOC PAGE 1 OF 1 W.O. 679-0908401 7 EXHIBITB-1 P.O.C. NE CORNER PARCEL A CL PER RS 682 CL PER- RS 1800-1 SCALE 1"=40' N02'01'31"W- 1.13' S07-15'51"W J/.74 " 14' ^SSQ oo^ -ROW PER RS 682 PARCEL A CERTIFICATE OF COMPLIANCE ADJ. NO. 03-17 CITY OF CARLSBAD DOC/ 2005-0054769 REC. JAN. 21, 2005 PORTION OF LOT i RANCHO AQUA HEDlONDA MAP 823 LEGEND *«•. PARCEL B CERTIFICATE OF COMPLIANCE ADJ. NO. 03-17 CITY OF CARLSBAD DOC# 2005-0054768 REC. JAN. 21, 2005 »>>;>>>» INDICATES A PORTION OF EL CAMINO V//////A REAL TO BE VACATED - PARCEL Ar f f f f f <• f\ nn^ ACRES T.P.O.B. INDICATES TRUE POINT OF BEGINNING VICINITY MAP NO SCALE -LISA ST. ZSITE EUCALYPTUS- CRESTVIEW DR.- RONALD HOLLOWAY NO. 129271 P.O.C.INDICATES POINT OF COMMENCEMENT U— mXLr ' • ^J RONALD L HOLLOWAY 29271STV 07-05 OWNER: KHALED CHEHADE FAMILY TRUST OCT. 1, 1986 SITE ADDRESS: 4984 EUCALYPTUS LANE, CARLSBAD, CA. ENGINEER: BHA, INC. 5115 AVENIDA ENCINAS /L CARLSBAD, CALIFORNIA 92008-4387 CITY OF CARLSBAD PUBLIC WDRKS DEPARTMENT ENGINEERING DIVISION PORTION OF EL CAMINO REAL VACATION PLAT APN/ 208-040-11-00 DATE: 02-27-08 SHEET ^ OF ^ K:\Survey\DATA\090a\dwg\090a VAC ONSITE LDWG 6/9/2008 3:12:31 PU POT EXHIBIT "A-2" STREET VACATION - STV 07-05 THAT PORTION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, BEING ALSO A PORTION OF PARCEL "B" OF CITY OF CARLSBAD CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT 03-17, RECORDED JANUARY 21,2005, IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AS DOCUMENT NO. 2005-0054768 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B, BEING A POINT ON THE CENTERLINE OF COUNTY ROAD SURVEY NO. 682 FILED IN THE COUNTY OF SAN DIEGO, AS DESCRIBED IN EASEMENT FOR COUNTY HIGHWAY, RECORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFICIAL RECORDS, THENCE LEAVING SAID CENTERLINE ALONG THE EASTERLY LINE OF SAID PARCEL B, SOUTH 15032'33" WEST (NORTH 15°32'04" EAST, RECORD PER DOC. NO. 2005-0054768) 11.17 FEET TO A POINT OF INTERSECTION WITH A 1937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, DISTANT 63.00 FEET SOUTHERLY AND CONCENTRIC TO THE CENTERLINE OF EL CAMINO REAL PER ROAD SURVEY 1800-1 (ABB), APPROVED BY THE COUNTY ENGINEER OF SAN DIEGO COUNTY, ON JANUARY 6, 1969, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 15°32'33" WEST, 29.49 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF SAID COUNTY ROAD SURVEY NO. 682; THENCE LEAVING SAID EASTERLY LINE ALONG SAID SOUTHERLY SIDE LINE, NORTH 63°58'33" WEST, 0.39 FEET TO BEGINNING OF A 960.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE CONTINUING WESTERLY ALONG SAID SOUTHERLY SIDELINE AND CURVE, THROUGH A CENTRAL ANGLE OF 8°42'45", AN ARC DISTANCE OF 145.98 FEET TO THE WESTERLY LINE OF SAID PARCEL B; THENCE ALONG SAID WESTERLY LINE, NORTH 07°15'51" EAST (SOUTH 07° 15'14" WEST, RECORD PER DOC. NO. 2005-0054768), 9.46 FEET TO A POINT DISTANT 63.00 FEET SOUTHERLY FROM SAID CENTERLINE OF EL CAMINO REAL PER SAID ROAD SURVEY 1800-1 (A13B), BEING THE BEGINNING OF A NON TANGENT 1937.00 FOOT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 11°37'00" EAST; THENCE LEAVING SAID WESTERLY LINE OF PARCEL B, EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 146.86 FEET THROUGH A CENTRAL ANGLE OF 4°20'39" TO THE TRUE POINT OF BEGINNING. CONTAINING 0.061 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION RONALD L. HOLLO WAY RCE 29271 K:\SURVEY\DATA\0908\LEGALS\STREET-VAC PAR B.DOC DATE PAGE 1 OF 1 W.O. 679-0908401 EXHBIT B-2 <£ PER RS 1800-1 ^\ <£ PER RS 682 SCALE 1"=40' P.O.C. NE CORNER PARCEL B N15'57'39"E(R) T.P.O.B. S15'32'33"W 11.17' ROW PER RS PARCEL A CERTIFICATE OF COMPLIANCE ADJ. NO. 03-17 CITY OF CARLSBAD DOC# 2005-0054769 REC. JAN. 21, 2005 CERTIFICATE COMPLIANCE CARLSBAD 2005-0054768 PORTION OF RANCHO A QUA HEDONDA INDICATES A PORTION OF EL CAMINO REAL TO BE VACATED = 0.061 ACRES INDICATES TRUE POINT OF BEGINNING INDICATES POINT OF COMMENCEMENT RONALD L.y-g>63" / HOLLOWAY RONALD L HOLLOWAT RCE 29271 STV 07-05 OWNER: KHALED CHEHADE FAMILY TRUST OCT. 1, 1986 SITE ADDRESS: 4984 EUCALYPTUS LANE, CARLSBAD, CA. ENGINEER: BHA, INC. 5115 AVENIDA ENCINAS /L CARLSBAD, CALIFORNIA 92008-4387 CITY OF CARLSBAD PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION PORTION OF EL CAMINO REAL VACATION PLAT APN/ 208-040-12-00 I DATE: 12-13-07 SHEET 1 OF 1 VAP PM PUT