HomeMy WebLinkAbout2013-05-07; City Council; Resolution 2013-097RESOLUTION NO. 2013-097
EXHIBIT 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO
VACATE A PORTION OF VAN ALLEN WAY, FROM FARADAY
4 AVENUE TO ITS NORTHERLY TERMINUS, AND TO SET A
PUBLIC HEARING. STV 11-01
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6 WHEREAS, the three property owners fronting Van Allen Way, north of Faraday Avenue
7 have requested this portion of Van Allen Way be vacated. The three property owners are:, 1), The
8 GC Net Lease (Carlsbad) Investor, LLC, owner of Parcel 1 of Parcel Map No. 17971, 2) Mararisk
9 Carlsbad, LLC, owner of Parcel 2 Parcel Map No. 17971, and 3) Life Technologies Corporation,
10 owner of Parcel A of ADJ 540 per Certificate of Compliance recorded as document no. 1998-
11 0696720; and
12 WHEREAS, in June 2011, the city approved a non-residential Planned Unit
13 Development application for Life Technologies, PUD 09-02(8), subject to city council approving
a street vacation for Van Allen Way from Faraday Avenue to its northerly terminus; and
15 WHEREAS, the city engineer has determined that this portion of Van Allen Way, located
north of Faraday Avenue, is not required for present or future public street purposes; and
''^ WHEREAS, the city engineer has determined that, due to existing public utilities located
^ ^ in Van Allen Way, an easement for public utility and access purposes will be reserved over that
portion of Van Allen Way to be vacated, and
WHEREAS, Utility companies and pertinent City departments have been notified of the
proposed easement vacation and no objections have been received;
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 it is Council's said intention to vacate, for public street purposes, a portion of
Van Allen Way described in Exhibit 3.
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3. That the proceedings for this street vacation shall be conducted in accordance
with the California Streets and Highways Code, Division 9, Part 3, Chapter 3.
4. That a public hearing shall be held at the City Council Chambers at 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on June 25. 2013 for all persons
interested in or objecting to said proposed vacation.
5. That 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
with the California Streets and Highways Code.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 7th day of May 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn.
None.
ABSENT: Council Member Douglas.
ATTEST:
BARBARA»CN<(^ESONrCity Clerk
(SE^V
EXHIBIT 3
EXHIBIT "A"
LEGAL DESCRIPTION
STREET VACATION
STV 11-01
All of Van Allen Way, as dedicated per Parcel Map 17971, in the City of
Carlsbad, County of San Diego, State of California, filed in the Office
of the County Recorder of said San Diego County on December 24, 1997 as
File No. 1997-0656621, of Official Records, described as follows;
BEGINNING at the Southeasterly Corner of Parcel 2 of said Parcel Map,
said point also being a point on the Northerly Right of Way line of said
Van Allen Way; thence along the Right of Way of said Van Allen way the
following courses:
North 63°44'17" East 92.74 feet to the beginning of a tangent curve
concave Northwesterly and having a radius of 90.00 feet; thence along
said curve Northeasterly 29.42 feet through a central angle of
18°43'50"; thence tangent from said curve North 45°00'27" East 50.00
feet to the beginning of a tangent curve concave Southwesterly and
having a radius of 60.00 feet; thence along said curve Southeasterly,
Southerly and Southwesterly 227.73 feet through a central angle of
217027.41". thence tangent from said curve South 82°28'08" West 50,00
feet to the beginning of a tangent curve concave Southeasterly and
having a radius of 90.00 feet; thence along said curve Westerly 29.42
feet through a central angle of 18°43'51"; thence tangent from said
curve South 63°44'17" West 158.87 feet to the beginning of a tangent
curve concave Southeasterly and having a radius of 264.00 feet; thence
along said curve Southwesterly 125.35 feet through a central angle of
27°12'19"; thence tangent from said curve South 36°3r58" West 55.85
feet to the beginning of a tangent curve concave Northeasterly and
having a radius of 25.00 feet; thence along said curve Southerly and
Southeasterly 42.19 feet through a central angle of 96°40'53" to a point
of cusp with a curve concave Southwesterly and having a radius of
1242.00 feet, a radial line of said curve from said point bears South
29°51'05" West, said curve being the Easterly right of Way line of
Faraday Avenue (84.00 feet wide), as shown on said Parcel Map; thence
along said Right of Way line and said curve Northwesterly 121.29 feet
through a central angle of 05°35'44" to a point of cusp with a curve
concave Northwesterly and having a radius of 25.00 feet, a radial line
of said curve from said point bears North 24°15'21" East; thence leaving
said Easterly Right ofsWay line of Faraday Avenue along said curve
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Easterly and Northeasterly 33,91 feet through a central angle of
77°43'23"; thence tangent from said curve North 36°3r58" East 76.22
feet to the beginning of a tangent curve concave Southeasterly and
having a radius of 336.00 feet; thence along said curve Northeasterly
159,54 feet through a central angle of 27°12'19"; thence tangent from
said curve North 63°44'17" East 66.13 feet to the POINT OF BEGINNING.
CONTAINING 0.991 Acres, More or Less
This description was prepared by me or under my direction.
Gregory A, Helmer LS 5134
RBF CONSULTING
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, California 92124
JN 25-103648
June 28, 2011
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