HomeMy WebLinkAbout2014-04-22; City Council; Resolution 2014-071RESOLUTION NO. 2014-071
EXHIBIT 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
^ CAUFORNIA, ACCEPTING A PORTION OF A PREVIOUSLY REJECTED
4 IRREVOCABLE OFFER OF DEDICATION FOR LEMON LEAF DRIVE, PR
11-41, GENERALLY LOCATED THE WEST END OF LEMON LEAF
5 DRIVE
6 WHEREAS, the tentative map of CT 06-15, Tabata Ranch, was approved by the
Planning Commission on August 5, 2009 per PC Resolution No.6619; and
WHEREAS, said approval was conditioned upon the acceptance by the City of
CaHsbad of a portion of an Irrevocable Offer of Dedication for a portion of Lemon Leaf Drive; and
WHEREAS, said offer of dedication was previously offered for dedication for
public Street purposes pursuant to Map No. 14773, recorded April 29, 2004 in the San Diego
County Recorder's Office as File No. 2004-0381251; and
WHEREAS, said offer of dedication was rejected pursuant to Map No. 14773,
recorded April 29, 2004 in the San Diego County Recorder's Office as File No. 2004-038125,
subject to acceptance by the public at a later date; and
WHEREAS, the Tabata Family Trust, property owner of CT 06-15, has submitted a
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.|g request: known as PR 11-41 Tabata Ranch, to the City of Carlsbad requesting that the City accept a
.|g portion of said previously rejected offer of dedication; and
20 WHEREAS, the City Engineer has determined that the acceptance of a portion of
21 the previously rejected offer of dedication is necessary for the orderly development of the City.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of CaHsbad,
23 California, as follows:
24 1. That the above recitations are true and correct.
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That the portion of the previously rejected offer of dedication from
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Standard Pacific Corp., a Delaware Corporation, described in Exhibit 5 attached hereto, is
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accepted.
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3. The City Clerk is directed to record this resolution in the Office of the
County Recorder of San Diego County.
4. The unaccepted portion of the previously rejected offer of dedication
remains open for acceptance by the City in accordance with the terms and conditions of Map
No. 14773, recorded April 29, 2004 in the San Diego County Recorder's Office as File No. 2004-
0381251.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
2 of Carlsbad on the 22"'' day of April, 2014, by the following vote to wit:
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AYES: Council Members Packard, Wood, Schumacher and Blackburn.
NOES: None.
ABSENT: Council Member Hall.
MARK WKARD, Mayor Pro Tem
ATTEST:
BARBARA ENGLESON, Ci^ Clerk
(SEAL)
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EXHIBIT 5
"EXHIBIT A"
LEGAL DESCRIPTION FOR
IRREVOCABLE OFFER OF DEDICATION ACCEPTANCE
PARCEL "A"
BEING A PORTION OF LOT 47 OF CITY OF CARLSBAD TRACT NO. CT 98-14-02, ACCORDING TO
MAP NO. 14773 RECORDED APRIL 29, 2004 AS FILE NO. 2004-0381251, MORE PARTICULARLY
DESCRIBED BELOW:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 47 OF MAP NO. 14773, SAID
POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY OF LEMON LEAF DRIVE
DEDICATED PER MAP 14773; THENCE EASTERLY ALONG SAID RIGHT-OF-WAY SOUTH 89°28'26"
EAST 16.93 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, WITH A
RADIAL BEARING TO SAID POINT SOUTH 43M1'46" WEST AND A RADIUS OF 48.00 FEET;
THENCE ALONG SAID CURVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 6°21'57" AN
ARC DISTANCE OF 5.33 FEET, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF
LEMON LEAF DRIVE; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 89''28'26" WEST 21.01
FEET TO THE WESTERLY LINE OF LOT 47; THENCE NORTHERLY ALONG SAID WESTERLY LINE
NORTH 00°31'34" EAST 3.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 65 SQUARE FEET MORE OR LESS.
PARCEL "B"
BEING A PORTION OF LOT 48 OF CITY OF CARLSBAD TRACT NO. CT 98-14-02, ACCORDING TO
MAP NO. 14773 RECORDED APRIL 29, 2004 AS FILE NO. 2004-0381251, MORE PARTICULARLY
DESCRIBED BELOW:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 48 OF AFOREMENTIONED MAP
NO. 14773 AND THE NORTHERLY RIGHT-OF-WAY OF LEMON LEAF DRIVE; THENCE EASTERLY
ALONG THE NORTHERLY RIGHT-OF-WAY SOUTH 89°28'26" EAST 1.77 FEET TO A POINT ON A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, WITH A RADIAL BEARING TO SAID POINT
NORTH 89°28'59" WEST AND A RADIUS OF 48.00 FEET; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 4r07'47", AN ARC LENGTH OF 34.46 FEET; THENCE
DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF LEMON LEAF DRIVE NORTH 89''28'26" WEST
13.61 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 48; THENCE SOUTHERLY ALONG
SAID WESTERLY LINE OF LOT 48 SOUTH 00°31'34'' WEST 31.57 FEET TO THE POINT OF
BEGINNING.
CONTAINING 174 SQUARE FEET MORE OR LESS.
HANS PETER CRAIG, P.L.S. DATE:
MY LICENSE EXPIRES 12/31/13