HomeMy WebLinkAbout2010-05-11; City Council; Resolution 2010-1091 RESOLUTION NO. 2010-109
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF
AN EMERGENCY ACCESS AND FIRE LANE EASEMENT OVER
4 FILOLI CIRCLE IN CT 05-13. PR 09-49
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WHEREAS, David Stearn, Vice President for DR Horton, has submitted a request to
6 vacate a portion of the emergency access and fire lane easement over Lot 4 and Lot 7 of the City
7 of Carlsbad Tract No. 05-13 Villages of La Costa - La Costa Ridge Neighborhood 2.6, in the City of
8 Carlsbad, County of San Diego, State of California, according to map thereof No. 15740, amended
n by certificate of correction recorded July 20, 2009 as Instrument No. 2009-0398550, filed in they
Office of the County Recorder of San Diego County, January 29, 2009; and
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WHEREAS, the easement to be vacated is defined as a "public service easement" per
11 Section 8306 of the California Streets and Highways Code; and
12 WHEREAS, the easement to be vacated is excess public service easement not required
13 for emergency access or utility purposes; and
14 WHEREAS, the easement to be vacated is not useful as a nonmotorized transportation
15 facility; and
WHEREAS, this vacation is made pursuant to Section 8333 and Section 8335 of the
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California Streets and Highways Code; and
17 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
1R WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
19 interest to vacate said easement.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
21 California, as follows:
1. That the above recitations are true and correct.22
2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
23
Highway Code, said excess public service easement more particularly described in Exhibit A and
24 shown for the sake of clarity in Exhibit B, shall be summarily vacated.
25 3. The City Clerk is directed to record this resolution, the attached legal description
26 and plat in the Office of the County Recorder of San Diego County.
27 4. That upon recordation of this resolution at the County Recorders Office, the
portions of this easement no longer constitutes a public service easement.2o
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 11th day of May, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
)E A. LEWS, Ivlaybr
ATTEST:
LpRRAIIpEjM. WQOJ3, City Cleft,,,,,,]
6SEAL)
Page 1 of 1
EXHIBIT 'A'
LEGAL DESCRIPTION FOR VACATION OF
EMERGENCY ACCESS AND
FIRE LANE EASEMENT
PR 09-49
That portion of Lots 4 and 7 of Tract 05-13 in the City of Carlsbad, County of San Diego, State of
California, as per map thereof No. 15740, filed in the Office of the County Recorder of said County,
January 29, 2009, being a strip of land, 30.00 feet wide, the sidelines of said strip lying 15.00 feet on
each side of the northwesterly line of said Lot 4.
The northwesterly line of said strip shall terminate northeasterly in the curved northeasterly line of
said Lot 7 and southwesterly in the northwesterly prolongation of the southwesterly line of said Lot 4.
The southeasterly line of said strip shall terminate northeasterly in the curved northerly line of said
Lot 4 and southwesterly in the southwesterly line of said Lot 4.
The above described parcel contains 5,208 square feet (0.120 acres) more or less.
All as shown on Exhibit "B" attached herewith and made a part hereof.
The real property description has been prepared by me,or under my direction, in conformance with
ThePrbfessional Land Surveyors Act.
Robert D. Vasquei, P.
Expires 12/31/10 »
Date: 3-
P:\D\DRHH00000030\0600INFO\SV\Office\Legals\Vacation - Emergency revised 01042010.doc
•
SW'LY LINE LOT 4
MOSTjylY COR.
LOT
SW'LY LINE
, ,x = 128.00'
L???'39'36"E (R)
S7r54r47"E (R)
R=75.00'
5740
y
LINE DATA
LINE
L1
L2
BEARING
[N66'48'47"W]
[N26'00'55"W]
DISTANCE
[54.11']
30.01'
APN: 223-727-04 & 07
LEGAL: LOTS L AND 7
CT 05-13, MAP
LEGEND
OF
15740
CURVE DATA
CURVE
C1
C2
C3
C4
C5
C6
DELTA
37'50'58"
14'08'33"
[4Z53'25"]
47'22'47"
H'42'16"
07'01'25"
RADIUS
45.00'
"128.00'"
'60.00']
75.00'
[128. 00']
[128.00']
LENGTH
29.73'
31.59'
[44.91']
62.02'
26.15'
15.69'
COR.
(R)
INDICATES LIMITS OF PUBLIC UTILITY
EASEMENT TO BE VACATED
SUBDIVISION BOUNDARY
LOT BOUNDARY
CORNER
RADIAL
RECORD DATA PER MAP NO 15740
AREA r 5,208 S.F.
DAVID EVANS
AND ASSOCIATES INC.
4200 CONCOURS, STE 200
Ontario California 91764
Phone: 909.481.5750
LA COSTA 2.6
PR 09-49
EXHIBIT "B"
EMERGENCY ACCESS
AND FIRE LANE
EASEMENT VACATION
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
JOB NO:
DRHH0030
SHEET NO:
1 OF
DRAWN BY:
MFRE
DATE:
01/05/10
SCALE:
1"=50'
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. 2010-108. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD. CALIFORNIA. TO SUMMARILY VACATE A PORTION
OF AN EMERGENCY ACCESS AND FIRE LANE EASEMENT OVER FIOLI CIRCLE
IN CT 05-13. PR 09-49. 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 13th day of
May, 2010.r\ n c\.
SHERRY/FREISING
DEPUTYvCLERK
(SEAL)