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HomeMy WebLinkAbout2014-01-14; City Council; Resolution 2014-002RESOLUTION NO. 2014-002 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF OLIVENHAIN ROAD. STV 05-03 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, Olivenhain Municipal Water District, owner of portions of Lots 10 and 13 of Map 848, Rancho Las Encinitas, has requested vacation of a portion of Olivenhain Road; and WHEREAS, this portion of Olivenhain Road, located west of Rancho Santa Fe Road, east of Los Pinos Circle and south of Camino Alvaro was granted to the County of San Diego per document recorded January 21, 1930 in Book 1737 at Page 4 of deeds, per deed recorded August 25, 1961 as File/Page No. 149167 of Official Records and per deed recorded October 3, 1961 as File/Page No. 172003 of Official Records, all filed in the office of the county recorder of San Diego County, State of California; and WHEREAS, the City has acquired the public street and public utility easement rights granted to the County of San Diego over said portion of Olivenhain Road; and WHEREAS, said portion of Olivenhain Road has been superseded by ralocation; and WHEREAS, Section 8330 of the State of California Street and Highways Code provides for the summary vacation of a street or highway superseded by relocation; and WHEREAS, the city engineer has determined that said portion of Olivenhain Road is not required for present or future public street purposes; and 22 WHEREAS, pertinent City departments have been notified of the proposed 23 vacation and no objections have been received; and 24 WHEREAS, utility companies have been notified of the proposed vacation and 25 Cox Communications, Inc. and Pacific Bell Telephone Company, dba AT&T California have 25 requested the reservation of an easement for public utility and access purposes; and 27 28 1 WHEREAS, the city engineer has determined that, due to the existence of public 2 utilities located within said portion of Olivenhain Road, an easement for public utility and access 3 purposes will be reserved over said portion to be vacated. 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 5 Carlsbad, California, as follows: 6 1. That the above recitations are true and correct. 7 2. That it is Council's said intention to summarily vacate, for public street 8 purposes, a portion of Olivenhain Road described in Exhibit 3. 9 3. That it is Council's said intention to reserve an easement for public utility 10 and access purposes described in Exhibit 3. 11 4. That the easements and rights necessary to maintain, operate, replace, 12 remove or renew in-place public utility facilities are reserved and excepted from the vacation. 13 5. That the City Clerk is instructed to record this resolution, the attached 1^ legal description and plat in the Office of the County Recorder of San Diego County. 6. That upon the date this resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a public street. /// /// /// /// /// /// /// /// /// 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 ofthe City Council ofthe City of Carlsbad on the 14th day of Januarv. 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn. None. ABSENT: Council Member Douglas. ATTEST: BARBARA ENGLESQUM, City Clerk 7Pf%% EXHIBIT "A" Legal Description STV 05-03 STREET VACATION - OLD Ol IVENHAIN ROAn (APN 255-040-.'^ ^ APN 255-n31.n^) A PORTION OF THAT CERTAIN 60 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR COUNTY HIGHWAY (ROAD SURVEY 1631, PARCEL 61225) PER DEED RECORDED AUGUST 25. 1961, AS FILE/PAGE NO. 149167 OF O.R.. A PORTION OF THAT CERTAIN 60 FOOT WIDE EASEMENT, GRANTED TO THE COUNTY OF SAN DIEGO FOR A PUBLIC HIGHWAY (ROAD SURVEY 454) PER DOCUMENT RECORDED JANUARY 21, 1930. IN BOOK 1737 AT PAGE 4 OF DEEDS, AND A PORTION OF THAT CERTAIN 60 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR COUNTY HIGHWAY (ROAD SURVEY NO. 454A AND 1631, PARCEL 61232) PER DEED RECORDED OCTOBER 3, 1961, AS FILBPAGE NO. 172003 OF O.R., ALL FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. STATE OF CALIFORNIA AND LYING WITHIN THAT PARCEL OF LAND GRANTED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT BY GRANT DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY JUNE 19,1962, AT FILE/PAGE NO 104122 OF OFFICIAL RECORDS, BEING A PORTION OF LOT 10 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848. FILED IN THE OFFICE OF SAID COUNTY RECORDER, JUNE 27. 1890, AND THAT PARCEL OF UND GRANTED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT BY GRANT DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 30, 1991 AS DOCUMENT NO. 1991-0197545 OF OFFICIAL RECORDS, BEING A PORTION OF LOT 13 OF SAID RANCHO LAS ENCINITAS ACCORDING TO SAID MAP NO. 848 . IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORIA; SAID PORTIONS OF THE ABOVE MENTIONED COUNTY HIGHWAY EASEMENTS ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF AFOREMENTIONED LAND GRANTED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT (PORTION LOT 13). WITH THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE PAGE 1 of 4 OF THE AFOREMENTIONED COUNTY ROAD EASEMENT (OLIVENHAIN ROAD) FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 25. 1961. AS FILE NO. 149167 OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 87°29'53" EAST. A DISTANCE OF 333.75 FEET TO THE TRUE POINT OF BEGINNING; BEING THE BEGINNING OF A 1256.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°10'49" EAST; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 137.04 FEET, THROUGH A CENTRAL ANGLE OF 6°15'06" TO A POINT LYING ON THE NORTHERLY LINE OF SAID OLIVENHAIN LAND (LOT 13); THENCE NORTH 87°29'53" EAST, ALONG SAID NORTHERLY LINE. A DISTANCE OF 42.11 FEET TO THE BEGINNING OF A TANGENT 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE LEAVING SAID NORTHERLY LINE, ALONG THE NORTHWESTERLY LINE OF THE AFOREMENTIONED OLIVENHAIN MUNICIPAL WATER DISTRICT LAND (PORTION OF LOT 10), ALONG SAID CURVE. A DISTANCE OF 257.15 FEET, THROUGH A CENTf^L ANGLE OF 49°06'45"; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE. NORTH 38°23'08" EAST, A DISTANCE OF 59.16 FEET TO THE BEGINNING OF A NON-TANGENT 1256.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY. A RADIAL LINE TO SAID POINT OF CURVE BEARS SOUTH 36°03'36" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE ALONG SAID CURVE. A DISTANCE OF 39.39 FEET, THROUGH A CENTRAL ANGLE OF r47'48"; THENCE NORTH 52°08'36" EAST. A DISTANCE OF 5.01 FEET TO THE BEGINNING OF A TANGENT 1490.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE ALONG SAID CURVE, A DISTANCE OF 10.62 FEET, THROUGH A CENTRAL ANGLE OF 0°24'30"; THENCE NON- TANGENT NORTH 37°48'20" WEST. A DISTANCE OF 3.71 FEET TO THE BEGINNING OF A NON-TANGENT 1486.17 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT OF CURVE BEARS SOUTH 37°48'20" EAST; THENCE ALONG SAID CURVE. A DISTANCE OF 96.38 FEET, THROUGH A CENTRAL ANGLE OF 3°42'57" TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF THE AFOREMENTIONED 60' WIDE COUNTY ROAD EASEMENT (OLIVENHAIN ROAD. R.S. 454) PER DOCUMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID PAGE 2 of 4 SAN DIEGO COUNTY JANUARY 21, 1930, IN BOOK 1737 AT PAGE 4 OF DEEDS; THENCE ALONG SAID SOUTHEASTERLY LINE. SOUTH 38°23'08" WEST. A DISTANCE OF 207.60 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE AND SAID CURVE, A DISTANCE OF 89.61 FEET, THROUGH A CENTRAL ANGLE OF 15°33'28" TO A POINT ON THE NORTHERLY LINE OF THE AFOREMENTIONED 60 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR COUNTY HIGHWAY (OLD OLIVENHAIN ROAD) RECORDED OCTOBER 3,1961, AS FILBPAGE NO. 172003 OF O.R; THENCE ALONG SAID NORTHERLY LINE. NORTH 87°29'53" EAST, A DISTANCE OF 486.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD (R.S.454-A); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 19°44'35" EAST. A DISTANCE OF 62.81 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD, ALONG THE SOUTHERLY LINE OF THE AFORMENTIONED 60 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR COUNTY HIGHWAY (ROAD SURVEY 1631. PARCEL 61225) PER DEED RECORDED AUGUST 25, 1961, AS FILE/PAGE NO. 149167 OF O.R.. SOUTH 87°29'53" WEST. A DISTANCE OF 862.30 FEET TO THE POINT OF BEGINNING. CONTAINING 49. 520.28 SQ. FT. (1.137 ACRES). MORE OF LESS THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM NAD83 ZONE 6 AND IS BASED ON A LINE BETWEEN HPGN STATION "CA 11-07" AND HPGN STATION "LOMAX" PER RECORD OF SURVEY MAP NO. 14310, LE. NORTH 79°05'25" WEST. THE DISTANCES STATED HEREIN ARE GROUND DISTANCES. THE COMBINED GRID FACTOR USED TO OBTAIN THESE DISTANCES IS 0.99996581 AT HPGN STATION "CA 11-07" WHICH HAS NAD83 COORDINATES OF: NORTH 1,992,2291232 FEET, EAST 6,247,272.613 FEET. MULTIPLY GROUND DISTANCES BY 0.99996581 TO OBTAIN GRID DISTANCES. PAGE 3 of 4 THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE: ^^(44d4v^4{4 S/u STEVEN M. HOWELL, PLS 5758 LICENSE EXPIRES ^/So//^ PAGE 4 of 4