HomeMy WebLinkAbout2010-11-09; City Council; Resolution 2010-2501
RESOLUTION NO. 2010-250
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3
4
10-27
5
6
7
8
12
14
15
17
EXHIBIT 1
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
PORTION OF A PUBLIC UTILITY EASEMENT OVER A
PORTION OF LOT 290 IN CARLSBAD TRACT NO. 04-26, PR
WHEREAS, William A. McMillen, Vice President of William Lyon Homes, Inc., owner of
Lot 290 of Carlsbad Tract No. 04-26 according to map thereof No. 1 5682, located on the south
of Arapaho Place, east of Ocala Way and north of Cannon Road, has requested vacation
of a portion of the general utility and access easement offered and accepted for dedication on
Map No. 15682; and
WHEREAS, the easement to be vacated is defined as a "public service easement" per
Section 8306 of the California Streets and Highways Code; and
WHEREAS, the easement to be vacated is excess public service easement not required
for public utility or access purposes; and
WHEREAS, the easement to be vacated is not useful as a non-motorized transportation
16 facility; and
WHEREAS, this vacation is made pursuant to Section 8333 and Section 8335 of the
1 ft10 California Streets and Highway Code; and
19 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
21 interest to vacate said easement.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
23 California, as follows:
24 1 . That the above recitations are true and correct.
25 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess public service easement more particularly described in Exhibit A and
27 shown for the sake of clarity in Exhibit B, shall be summarily vacated.
28
1 3. The City Clerk is directed to record this resolution, the attached description and
2 plat in the Office of the County Recorder of San Diego County.
3 4. That upon recordation of this resolution at the County Recorder's Office, the
4 portions of this easement no longer constitutes a public service easement.
5
6
7
8
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 9th day of November, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Hall.
ATTEST:
(SEAL)
, City Clerk
June 15, 2010
J.N. 091271
PAGE 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION
PR 10-27
EASEMENT VACATION
A PORTION OF THE 30' GENERAL UTILITY & ACCESS EASEMENT OVER LOT 290 OF CARLSBAD
TRACT NO. 04-26, ROBERTSON RANCH EAST VILLAGE, PLANNING AREAS 16, 17 & 18, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 15682, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON APRIL 11, 2008, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 290; THENCE ALONG THE NORTHERLY
LOT LINE OF SAID LOT 290 NORTH 53°01'54" EAST, 25.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LOT LINE NORTH 53°01'54» EAST,
5.00 FEET TO THE EASTERLY LINE OF SAID GENERAL UTILITY & ACCESS EASEMENT; THENCE
ALONG SAID EASTERLY LINE SOUTH 36°58'06" EAST, 96.10 FEET TO THE SOUTHERLY LOT
LINE OF SAID LOT 290; THENCE ALONG SAID SOUTHERLY LOT LINE SOUTH 51°23'58" WEST,
5.00 FEET; THENCE LEAVING SAID SOUTHERLY LOT LINE NORTH 36°58'06" WEST 96.24
FEET TO THE TRUE POINT OF BEGINNNING.
AREA = 481 SF
0:\Legal_Descriptions\091271\Easement Vacation.Igl.DOC
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS MAP IS THE
NORTHERL Y LINE OF LOT 290 PER MAP No. 15682
I.E. N 5JV1'54" E
LEGAL DESCRIPTION
A PORTION OF THE JO' WIDE GENERAL UTILITY & ACCESS EASEMENT
OVER LOT 290 OF CARLSBAD TRACT No. 04-26, PER MAP No. 15682.
OWNER
WILLIAM L YON HOMES, INC.
A CALIFORNIA CORPORATION
4490 VON K ARM AN AVENUE
NEWPORT BEACH, CA 92660
47fi-5?Jf
DATE:BY:
PRINT NAME:
TITLE:Michael A. McMillen
Vice President
an or
SITE
T S
2710 Loker Avenue West, Suite 100
Carlsbad, Ca 92010
760-931-7700
www.odayconsultants.com
EASEMENT VACATION PLAT
an OF &KMTAS
VICINITY MAP
NO SCALE
APPLICANT/OWNER
WILL/AM LYON HOMES, INC.
4490 VON KARMAN AVENUE
NEWPORT BEACH, CA 92660
PH. (949) 476-5231
EXHIBIT "B
TIMOTHY 0. CARROLL, JR.
\LS. 7700 EXP. 12/31/10
SHT. / OF 2
PR 10-27
SHTS.
A.P.N.
168-373-60
G:\011014\PA-1S\01HOPE01.dwg Aug 03. 2010 B:17am
Xrefs: 01 HAN; U114VIC; 01 HOPE
cjcz
CO
O
~5
COaOO
>~a0
0
O
OCM
<G>
/?I >
J0' W/9£ GENERALWTILITY
EASEMENT PER MAP No. A
23* ^
J//
I i
ARAPAHO PLACE *
^X^ (BASIS OF^EARING)
^-25.dd^Y
& ACCESS ^ ^
55^ -^^ — ^
»/ ^
1^
1
S5/2J'5»V5.07'-^
^5.00'
m5.00'
•>,
290 289
1
(o
• 1 1 1 1
11 __, —
C4AMW flCW0
X*£
X^UNO^s.
/Ij^m /raw/ ~~J r^ 'A ^" i ~~~" "^~^~~^~
I I NO ??nn y I ,--,-r
V'A'V t*p- 12/31/10 Jiff
\%^^^/
^OrJ^^
o&*~?
CONSULT /V>J T S
2710 Loker Avenue West, Su te 100
Carlsbad, Ca 92010
7Kn Q^I 77nn
www.odcyconsultants.com
APPLICANT/OWNER
MZ/W LYON HOMES, INC. .
^5(7 M3V AX^W XI«M/f •
NEWPORT BEACH. CA 92660
PH /'QdQ) 4.7K Witrn. [yry/ r/o j^Ji
CTOCa /AZ.^
/~W~7Z./1/J/
pp/1/"/ 7\ Ur
FOB POINi
TPOB TRUE
EASEMENT
TEL
UN
^INC
VS
r 6
P(
±
> EASEMENT jA
E /
* /r EASEMENT tf
ED EASEMENT ^
IF BEGINNING Q> ^
SCALE: 1" = 40'
'ACA7JON PLAT
EXHIBIT "B" SHT. 2 OF 2 SHTS.^C2^v/&/£k
77^77/r 0. G40WZZ, ^?.
(.5. 77(07 EXP.12/J1/10
PR 10-27
A.P.N.
168-373-60
G:\011014\PA-18\OH40PE02.dwg Aug 03, 2010 8:17mr
Xrefs: 01140PE; 0114GMAP; 01148MAP; 0114BSTR