HomeMy WebLinkAbout2010-04-13; City Council; Resolution 2010-0791 RECORDING REQUESTED BY:
I Carlsbad City Clerk's Office
I WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC # 201 0-01 g2848
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UFFCIAL RELURDS
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Citv of Carlsbad
RESOLUTION NO. 201 0-079
SUMMARILY VACATE A PORTION OF SEWER AND
DRAINAGE EASEMENT OVER A PORTION OF TRACT 7 OF
LAGUNA MESA TRACT, TONG PROPERTY, PR 09-50.
RESOLUTION NO. 201 0-079
A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
PORTION OF SEWER AND DRAINAGE EASEMENT OVER
A PORTION OF TRACT 7 OF LAGUNA MESA TRACT,
TONG PROPERTY. PR 09-50.
WHEREAS, Christopher Tong and Mary Do, have submitted a request to vacate a
portion of sewer and drainage easement over a portion of Tract 7 of Laguna Mesa Tract. Tong
Property, PR 09-50; and
WHEREAS, the offer of dedication is defined as a "public service easement" per Section
5306 of the California Streets and Highways Code; and
WHEREAS, a portion of the easement to be vacated is excess public service easement
not required for public utility or access purposes; and
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
Highways Code; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate a portion of said easement.
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. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess public service easement shown as sewer and drainage easement
over a portion of Tract 7 of Laguna Mesa Tract, more particularly described in Exhibit A and shown
for the sake of clarity in Exhibit B, shall be summarily vacated.
3. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the County Recorder of San Diego County
4. That upon recordation of this resolution at the County Recorders Office, the
tacated portions of this easement no longer constitutes a public sewice easement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 13th day of April, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
EXHIBIT A
PR 09-50
LEGAL DESCRIPTION OF A PORTION OF AN EXISTING EASEMENT FOR SEWER
AND DRAINAGE RECORDED AS DOCUMENT NO. 2000-0274484, MAY 25,2000 OF
OFFICIAL RECORD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SAID
PORTION OF AN EXISTING EASEMENT FOR SEWER AND DRAINAGE IS PART OF
TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20,
1921. THE PORTION OF SAID EASEMENT TO BE VACATED IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A OF CERTIFICATE OF
COMPLIANCE RECORDED MAY 25,2000 AS FILE NUMBER 2000-0274477 OF
OFFICIAL RECORDS. SAID SOUTH WEST CORNER OF PARCEL A IS ALSO THE
SOUTH WEST CORNER OF EASEMENT DOCUMENT NO. 2000-0274484, RECORDED
MAY 25,2000, O.R. THENCE NORTH 89"-58'-00" EAST ALONG THE SOUTH LINE OF
SAID PARCEL A AND SAID EASEMENT DOCUMENT 137.09 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID
PARCEL A AND SAID EASEMENT DOCUMENT NORTH 89°-58'-00" EAST 9.01 FEET;
THENCE NORTH 89"-55'-45" EAST ALONG THE SOUTH LINE OF SAID PARCEL A
AND SAID EASEMENT DOCUMENT 139.51 FEET; THENCE LEAVING THE SOUTH
LINE OF SAID PARCEL A AND CONTINUING ALONG THE BOUNDARY OF SAID
EASEMENT DOCUMENT NORTH 0'-04'-30" WEST 40.58 FEET; THENCE LEAVING
THE BOUNDARY OF SAID EASEMENT DOCUMENT SOUTH 73"-42'-00" WEST 59.53
FEET TO THE BEGINNING OF A NON-TANGENT 50 FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIAL LINE TO THE CENTER OF SAID 50 FOOT RADIUS CURVE
BEARS NORTH 17'-32'-04" EAST; THEN WESTERLY ALONG THE ARC OF SAID 50
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 05"-57'-02" A DISTANCE
OF 5.19 FEET TO THE BEGINNING OF A TANGENT 70 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE WESTERLY AND SOUTH-WESTERLY ALONG
SAID 70 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 80"-16'-50" A
DISTANCE OF 98.08 FEET TO THE SOUTH LINE OF SAID PARCEL A AND THE SAID
SOUTH LINE OF SAID EASEMENT DOCUMENT AND THE TRUE POINT OF
BEGINNING.
SAID EASEMENT AREA TO BE VACATED CONTAINS 0.09 ACRES MORE OR LESS.
3hd/o ,
ROBERT C. LADWIG - LS-3 189
SHEET 1 OF 1
CURVE DATA EXHIBIT B I INE DATA
'~=43'58'30" L=307.00' R=400.00'
1 N 89'55'45" E 42.01
&J A=4558'30m L=330.03' R=430.00' 1 S 78.07'10" E 38.7;
& A=9'17'57" L=129.84' R=800.00' 0 50 loo N N 89'55'45" E 102.E
A=9'00'54" L= 121.15' R=770.00'
-
FEET ( S 0VO2'0O9' E 4.90'
A A=~O-I 6.50" ~=98.08' R-70.00' 1' = 100' S 89'58'00" W 9.01'
A=1 1'57'05" L=47.98' R=230.00'
MAP N0.1719
LAGUNA MESA TRACT
TONG PROPERTY
AP# 156-350-1 2
156-350-1 1
SW CORNER OR I I
I PARCEL A - 156-351 -06 ' CERTIFICATE OF ' *
I
156-351 -07
TONGPROPERMFR09-50
I LEGEND 156-351-03 1 PUBUCSRMR&DRAlFUCX
C9SEMNT VACATION PORTION (0.09 ACRES) OF EASEMENT
FOR SEWER AND DRAINAGE (DOC.# ladwig Design Group, inc.
2000-0274484 - RECORDED MAY 25, 2234 FRRADAY RVE
2000) TO BE VACATED. CRRUBRD. CA 99008
PHONE (760) 43831 82 FFU: (760) 43801 73 T.P.O.B. TRUE POINT OF BEGINNING 2/22/2010 SHEET 1 of 1 L-1102
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. 2010-079. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA. TO SUMMARILY VACATE A PORTION
OF SEWER AND DRAINAGE EASEMENT OVER A PORTION OF TRACT 7 OF
LAGUNA MESA TRACT. TONG PROPERTY. PR 09-50, 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 14th day of
April, 2010.
1
RESOLUTION NO. 2010-079
2 "
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4
TONG PROPERTY. PR 09-50.
5"
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
PORTION OF SEWER AND DRAINAGE EASEMENT OVER
A PORTION OF TRACT 7 OF LACUNA MESA TRACT,
WHEREAS, Christopher Tong and Mary Do, have submitted a request to vacate a
portion of sewer and drainage easement over a portion of Tract 7 of Laguna Mesa Tract, Tong
Property, PR 09-50; and
WHEREAS, the offer of dedication is defined as a "public service easement" per Section
8306 of the California Streets and Highways Code; and
WHEREAS, a portion of the easement to be vacated is excess public service easement
not required for public utility or access purposes; and
12
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
13 Highways Code; and
14"WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate a portion of said easement.
17 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.
19 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
20 Highway Code, said excess public service easement shown as sewer and drainage easement
over a portion of Tract 7 of Laguna Mesa Tract, more particularly described in Exhibit A and shown
for the sake of clarity in Exhibit B, shall be summarily vacated.
3. The City Clerk is directed to record this resolution, the attached legal description
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and plat in the Office of the County Recorder of San Diego County.
4. That upon recordation of this resolution at the County Recorders Office, the
25 vacated portions of this easement no longer constitutes a public service easement.
26 "
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 13th day of April, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ayor
ATTEST:
EXHIBIT A
PR 09-50
LEGAL DESCRIPTION OF A PORTION OF AN EXISTING EASEMENT FOR SEWER
A:ND DRAINAGE RECORDED AS DOCUMENT NO. 2000-0274434, MAY 25, 2000 OF
OFFICIAL RECORD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SAID
PORTION OF AN EXISTING EASEMENT FOR SEWER AND DRAINAGE IS PART OF
TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20,
1921. THE PORTION OF SAID EASEMENT TO BE VACATED IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A OF CERTIFICATE OF
COMPLIANCE RECORDED MAY 25, 2000 AS FILE NUMBER 2000-0274477 OF
OFFICIAL RECORDS. SAID SOUTH WEST CORNER OF PARCEL A IS ALSO THE
SOUTH WEST CORNER OF EASEMENT DOCUMENT NO. 2000-0274484, RECORDED
MAY 25, 2000, O.R. THENCE NORTH 89°-58'-00" EAST ALONG THE SOUTH LINE OF
SAID PARCEL A AND SAID EASEMENT DOCUMENT 137.09 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID
PARCEL A AND SAID EASEMENT DOCUMENT NORTH 89°-58'-00" EAST 9.01 FEET;
THENCE NORTH 89°-55'-45" EAST ALONG THE SOUTH LINE OF SAID PARCEL A
AND SAID EASEMENT DOCUMENT 139.51 FEET; THENCE LEAVING THE SOUTH
LINE OF SAID PARCEL A AND CONTINUING ALONG THE BOUNDARY OF SAID
EASEMENT DOCUMENT NORTH O°-04' -30" WEST 40.58 FEET; THENCE LEAVING
THE BOUNDARY OF SAID EASEMENT DOCUMENT SOUTH 73°-42'-00" WEST 59.53
FEET TO THE BEGINNING OF A NON-TANGENT 50 FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIAL LINE TO THE CENTER OF SAID 50 FOOT RADIUS CURVE
BEARS NORTH 17°-32'-04" EAST; THEN WESTERLY ALONG THE ARC OF SAID 50
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 05°-57'-02" A DISTANCE
OF 5.19 FEET TO THE BEGINNING OF A TANGENT 70 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE WESTERLY AND SOUTH-WESTERLY ALONG
SAID 70 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 80°- 16' -50" A
DISTANCE OF 98.08 FEET TO THE SOUTH LINE OF SAID PARCEL A AND THE SAID
SOUTH LINE OF SAID EASEMENT DOCUMENT AND THE TRUE POINT OF
BEGINNING.
SAID EASEMENT AREA TO BE VACATED CONTAINS 0.09 ACRES MORE OR LESS.
ROBERT C. LADWIG - LS-3 189
SHEET 1 OF 1
CURVE DATA
A=43'58'30" L=307.00'
A=43'58'30" L=330.03'
A=9'17'57" L=129.84'
L=121.15'
L=98.08'
L=20.56'
LINE DATA
N 89'55'45" E
S 78-07'10" E
N 89'55'45" E
S OO'02'OO" E
s SQ'sa'oo" w
N 00*04'30
EXHIBIT BR=400.00
R=430.00'
R=800.00'
R=770.00'
R=70.00'
R=50.00'
R=230.00'
R=170.00'
R=50.00'
A.=9'00'54"FEET
1' = 100'
^=23*33*21
A=11'57'05
A=ir57'05" L=35.46'
A=05i'57'02" L=5.19'
MAP N0.1719
LACUNA MESA TRACT
PORTION OF TRACT 7
TONG PROPERTY
AP# 156-350-12
I
EXISTING
OPEN
SPACE
(2.78 ACRES)
T
146.10'
-(POINT OF
COMMENCEMENT)
SW CORNER OR
PARCEL A -
CERTIFICATE OF
CO 'in |
h
COMPLIANCE RECORDlED
MAY 25, 2000 AS
FILE# 2000-027447
O.R.I
156-351-03
oI
innI
CDm
-156-351-05
(EASE. FOR ROAD/UTILITIES
DOC.# 330208-REC. 12/1 2/1972)
156-351-06
156-351-07 •h
-I
LEGEND i ao-oo i-uo |
PORTION (0.09 ACRES) OF EASEMENT
FOR SEWER AND DRAINAGE (DOC.#
2000-0274484 - RECORDED MAY 25,
2000) TO BE VACATED.
T.P.O.B. TRUE POINT OF BEpflNINft
COPY
TONG HHUHkKIY PR 09-60
PUBUC SBMERae DfMINMGE
EASEMENT VACATION
loduiig Design Group, Inc.
2234 FflfiflDflV flV€.
CflRlSBflD. Cfl 92008
PHON€ (760) 438-3182 ffDC (760) 438-0173
2/22/2010 SHEET 1 of 1 L-1103