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Home My WebLink About2014-04-22; City Council; Resolution 2014-072RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad,CA 92008 DOC# 2016-0176531 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Apr 15, 2016 04:30 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $39.00 PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad CERTIFIED COPY OF RESOLUTION NO. 2014-072 STV 11-02 Re-record,to correct Document No. 2014-0202119 of May 16,2014 "Exhibit B" of Document No. 2014-0202119 is not the corresponding map to this resolution. The corrected documents reflect the correct "Exhibit B". RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 D 0 C 1t 2014-0202119 I !llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll MAY 16,2014 3:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 8 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2014-072 APPROVING THE VACATION OF A PORTION OF A SLOPE AND LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY NORTH OF POINSETTIA LANE BETWEEN SNAPDRAGON DRIVE AND CRYSTALLINE DRIVE. STV 11-02 1 2 3 4 5 6 EXHIBIT2 RESOLUTION NO. 2014-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF A SLOPE AND LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY NORTH OF POINSETTIA LANE BETWEEN SNAPDRAGON DRIVE AND CRYSTALLINE DRIVE. WHEREAS, the tentative map of CT 06-12, Tabata Ranch, was approved by the 7 Planning Commission on August 5, 2009 per PC Resolution No.6619; and 8 WHEREAS, said approval was conditioned upon the vacation by the City of g Carlsbad of a portion of an easement for slope and landscape maintenance purposes adjacent to 10 the project along the north side of Poinsettia Lane; and 11 WHEREAS, said easement was acquired by the City pursuant to Final Order of 12 Condemnation, Superior Court of the State of California, for the County of San Diego, No. N 13 43920, recorded January 2, 1991 in the San Diego County Recorder's Office as Doc. # 1991- 14 0001834;and 15 WHEREAS, pursuant to the above named action, the City of Carlsbad, a Municipal 16 Corporation, as Plaintiff paid the sum of money due the Tabata Family Trust, Defendant; and 17 WHEREAS, the Tabata Family Trust, property owner of CT 06-15, has submitted 18 a request known as STV 11-02 Tabata Ranch, to the City of Carlsbad requesting that the City 19 vacate a portion of said easement; and 20 WHEREAS, the current market value of the easement rights of that portion of the 21 easement to be vacated have been determined in a manner consistent with the Carlsbad 22 Municipal Code; and 23 24 WHEREAS, the Tabata Family Trust, property owner of CT 06-15 has paid to the 25 City of Carlsbad the current market value of the easement rights of that portion of the easement 26 to be vacated; and 27 28 1 WHEREAS, that portion of the easement to be vacated is not required for public 2 easement purposes; and 3 4 5 6 WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS the vacation is consistent with the General Plan of the City of 7 Carlsbad; and 8 WHERESS, the City Council of the City of Carlsbad has determined it to be in the 9 public interest to vacate the easement. 10 11 12 13 14 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 pursuant to the California Streets and Highways Code Division 9, 15 Part 3, Chapter 4, said excess public easement, described in Exhibit 6 attached hereto, shall be 16 summarily vacated. 17 18 3. The City Clerk is directed to accept payment on behalf of the City of Carlsbad for the vacated easement rights. 19 20 4. The City Clerk is directed to record this resolution in the Office of the 21 County Recorder of San Diego County. 22 23 24 25 26 27 28 5. That upon recordation of this resolution at the County Recorder's Office, said portion of the easement no longer constitutes a public easement. Ill Ill Ill Ill 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City 2 of Carlsbad on the 22nd day of April, 2014, by the following vote to wit: 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 AYES: Council Members Packard, Wood, Schumacher and Blackburn. NOES: None. ABSENT: Council Member Hall. ~tv~ M~ Mayor Pro Tern ATIEST: {SEAL) "EXHIBIT A" LEGAL DESCRIPTION STV 11-02 BEING A PORTION OF THE SOUTHERLY 184.47 FEET OF THE EASTERLY 264.14 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 47 OF CITY OF CARLSBAD TRACT NO. CT 98-14-02, ACCORDING TO MAP NO. 14773, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 2004, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF POINSETTIA LANE; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 NORTH 0°31'34" EAST, 141.63 FEET TO THE TRUE POJNT OF BEGINNING; THENCE SOUTH 54°18'25" WEST, 85.26 FEET; THENCE SOUTH 49°44'00" WEST, 87.00 FEET; THENCE SOUTH 45°54'37" WEST, 86.00 FEET TO THE NORTHERLY LINE OF LOT 30 OF SAID MAP NO . . 14773; THENCE ALONG SAIO.NORTHERLY LINE OF LOT 30 SOUTH 89°05'23" EAST, 32.96 FEET; THENCE NORTH 62°42'48" EAST, 161.57 FEET; THENCE NORTH 0°31'34" EAST, 51.55 FEET; THENCE NORTH 54°30'45" EAST, 24.73 FEET TO THE WESTERLY LINE OF SAID LOT 47; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 NORTH 0°31 '34" EAST, 24.36 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.216 ACRES. MORE OR LESS. HA S P ER CRAIG, P.L.S. DATE: MY LICENSE EXPIRES 12/31/13 LEGEND: P.O.B. EXHIBIT "8'' ~ \ '0 ~ ~ll' GOLD FLOWER '""' RD CAMINO 0:: -o J SHEET 1 OF 2 \ . T.P.O.B. (R) ~ INDICATES POINT OF BEGINNING INDICATES TRUE POINT OF BEGINNING INDICATES RADIAL BEARING VICINITY MAP: INDICATES AREA TO BE VACATED, 0.216 AC.:J: NOTE: THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR INFORMATIONAL PURPOSES ONLY. AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE "EXHIBIT A" LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT. "' HANS PETER CRAIG L. S. NO. 5270 NOT TO SCALE MY REGISTRATION EXPIRES: 12-31-13 R·E·C Cons.:iltonts, Inc:. Scale: NON[ em ~ • £lrMlnmentrj ·lmd Suveyillg 2442 Second· Avenue Son Diego. CA 92101 (619}232:-9200 (619}232-9210 Fox APN: 214-631-21 EASEMENT VACATION FOR A PORTION OF DOCUMENT 89-546152 Drawn By: SMD STV 11-02 Date: 5/2/20 12 \1 r ,----:=-=-----_:___-=-----=-----= EXHIBIT "8" SHEET 2 OF 2 PCL "0" CERT. '-,.. · LOT 35 . MAP 14773 LOT 34 . ,_ 0 o) _ __. 0') LOT 33 LOT 32 LOT 31 LOT 30 MAP 14773 I"') OF COMPLIANCE DOC -----. 1998-1 05282 N88"59'23"W 263. 98' LIN£ DATA TABLE LINE I BEARING L1 N54"30'45"E L2 N0"31'34"£ CURVE DATA TABLE CURVE DELTA C1 1.50'56" DISTANCE 24.73' 26.36' RADIUS LENGTH 1651.00' 53.28' 149.94' S89.05'23"E R·E·(~ ()t'i ~. fnWmnenld ·l.llld ~-:.... @ 2442 Second Avenue ~~~·~ Son Diego, CA 921 0 1 (619)232-9200 ( . 619)232-9210 Fox Scale: 1 .. =60' Consultants. Inc. Scale: 1 H=60' APN: 214-631-21 EASEMENT VACATION FOR A PORTION OF DOCUMENT 89-546752 LOT 47 LOT 47 MAP 14773 Drawn By: SMD STV 11-02 Date: 5/2/20 12 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. I, Donna Heraty, Deputy City 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. 2014-072, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF A SLOPE AND LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY NORTH OF POINSETTIA LANE BETWEEN SNAPDRAGON DRIVE AND CRYSTALLINE DRIVE, 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 30th day of March, 2016. DEPUTY CITY CLERK (SEAL) D 0 C tt 201 4-020211 9 1111111111111111111111111111111111111111111111111111111111111111111111 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAY 16,2014 3:13PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2014-072 APPROVING THE VACATION OF A PORTION OF A SLOPE AND LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY NORTH OF POINSETTIA LANE BETWEEN SNAPDRAGON DRIVE AND CRYSTALLINE DRIVE. STV 11-02 8 1 2 3 4 5 6 7 8 EXHIBIT2 RESOLUTION NO. 2014-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF A SLOPE AND LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY NORTH OF POINSETTIA LANE BETWEEN SNAPDRAGON DRIVE AND CRYSTALLINE DRIVE. WHEREAS, the tentative map of CT 06-12, 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 vacation by the City of 9 Carlsbad of a portion of an easement for slope and landscape maintenance purposes adjacent to 10 the project along the north side of Poinsettia Lane; and 11 WHEREAS, said easement was acquired by the City pursuant to Final Order of 12 Condemnation, Superior Court of the State of California, for the County of San Diego, No. N 13 43920, recorded January 2, 1991 in the San Diego County Recorder's Office as Doc. # 1991- 14 0001834;and 15 WHEREAS, pursuant to the above named action, the City of Carlsbad, a Municipal 16 Corporation, as Plaintiff paid the sum of money due the Tabata Family Trust, Defendant; and 17 WHEREAS, the Tabata Family Trust, property owner of CT 06-15, has submitted 18 a request known as STV 11-02 Tabata Ranch, to the City of Carlsbad requesting that the City 19 vacate a portion of said easement; and 20 21 WHEREAS, the current market value of the easement rights ofthat portion of the easement to be vacated have been determined in a manner consistent with the Carlsbad 22 23 Municipal Code; and 24 WHEREAS, the Tabata Family Trust, property owner of CT 06-15 has paid to the 25 City of Carlsbad the current market value of the easement rights of that portion of the easement 26 to be vacated; and 27 28 1 WHEREAS, that portion of the easement to be vacated is not required for public 2 easement purposes; and 3 4 5 6 WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS the vacation is consistent with the General Plan of the City of 7 Carlsbad; and 8 WHERESS, the City Council of the City of Carlsbad has determined it to be in the 9 public interest to vacate the easement. 10 11 12 13 14 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 pursuant to the California Streets and Highways Code Division 9, 15 Part 3, Chapter 4, said excess public easement, described in Exhibit 6 attached hereto, shall be 16 summarily vacated. 17 18 3. The City Clerk is directed to accept payment on behalf of the City of Carlsbad for the vacated easement rights. 19 20 4. The City Clerk is directed to record this resolution in the Office of the 21 County Recorder of San Diego County. 22 23 24 25 26 27 28 5. That upon recordation of this resolution at the County Recorder's Office, said portion of the easement no longer constitutes a public easement. Ill Ill Ill Ill 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City 2 of Carlsbad on the 22nd day of April, 2014, by the following vote to wit: 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 AYES: Council Members Packard, Wood, Schumacher and Blackburn. NOES: None. ABSENT: Council Member Hall. ATTEST: BARBARA ENGLESON, Cit (SEAL) NOTE: THE BEARINGS AND DISTANCES SHOWN HEREON. ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE "EXHIBIT A " LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT. LEGEND: CAMINO --~ Q: a T~ 0 j:::: q: en a 0 ~ a:: q: Q: en \ CITY OF CARLSBAD q: a:: ..... l.ul.t.J O~.u :2:e:; 3(/) (R-1) INDICATES RECORD INFORMATION PER MAP 14773, RECORDED APRIL 29, 2004 AS FILE NO. 2004-0381251, OFFICIAL RECORDS ~ P.O.B. T.P.O.B. R# L# C. OF C. INDICATES AREA OF IRREVOCABLE OFFER INDICATES POINT OF BEGINNING INDICATES TRUE POINT OF BEGINNING INDICATES RADIAL BEARING PER TABLE INDICATES LINE DATA PER TABLE CERTIFICATE OF COMPLIANCE HANS PETER CRAIG L.S. NO. 5270 MY REGISTRATION EXPIRES: 12-31-13 R·E·C CM £ngmmg • £rwionmen~ ·lond Slmying 2442 Second Avenue Son Diego, CA 92101 (619)232-9200 {619)232-9210 Fox Consultants, Inc. p,\Acud\85f. Tobota Ronch\Mopping\lOD\lDD.dwg 5/4/2012 11,59,45 AM PDT Scale: NONE APN(S): 214-631-12 214-631-13 PLAT FOR IRREVOCABLE OFFER OF DEDICATION ACCEPTANCE SHEET 1 OF 2 VICINITY MAP: NOT TO SCALE Drawn By: SMD PR 11-41 Date: 5/4/2012 EXHIBIT PCL "D" C. OF C. 1998-105282 SHEET 2 OF 2 "8" MAP 14773 LOT 48 P.O.B PARC£L "8" DOC. NO. 2002-0427915 SOUTHWEST CORNER LOT 47 '" "' PCL "B" "'--, /).=41'07'4 7""' ~ R=48.00' RJ"'X -L=34.46'---- /1 589'28'26"E 1. 77' (589'2 7'18"E PER R-1) /j ~=6'21 '57" ~--~?'" R=48.00' L2 L=5.33' PCL "A" ~ ~ ~t::T£0 100 PER MAP 14773 MAP 14773 LOT 47 st:.'''r>-~o'tt>-~t:. LINE DATA TABLE LINE BEARING DISTANCE L1 S89'28'26''£ 16.93' L2 N89'28 '26 ''W 21.01' ·---·---I-· --------·-·- L3 589'28 '26 ''[ 13.61' '-,---···· ··~-------- R·E·C cw [ngineemg • [nvironmentm • l.ond SIIYeyilg 2442 Second Avenue Son Diego, CA 921 0 1 (619)232-9200 (619)232-9210 Fox Consultants, Inc. Scale: 1" = 30' APN(S): 214-631-12 214-631-13 PLAT FOR IRREVOCABLE OFFER OF DEDICATION ACCEPTANCE SCALE: 1" = 30' RADIAL DATA TABLE RADIAL R1 R2 R3 ·-- R4 -·-···-·--------- BEARING 543'41 '46"W {S43'43'43''W PER R-1) N37'19'40''£ N89'28'59"W (N89'27'18''W PER R-1) ·----~-·------·-------·---- N48'21 '12''W -··-·--·-···· . -------· ---------------- Drown By: SMD PR 11-41 Dote: 5/4/2012 "EXHIBIT A" LEGAL DESCRIPTION STV 11-02 BEING A PORTION OF THE SOUTHERLY 184.47 FEET OF THE EASTERLY 264.14 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 47 OF CITY OF CARLSBAD TRACT NO. CT 98-14-02, ACCORDING TO MAP NO. 14773, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 2004, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT -OF-WAY OF POINSETTIA LANE; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 NORTH 0°31 '3ti" EAST, 141.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 54°18'25" WEST, 85.26 FEET; THENCE SOUTH 49°44'00" WEST, 87.00 FEET; THENCE SOUTH 45°54'37" WEST, 86.DO FEET TO THE NORTHERLY LINE OF LOT 30 OF SAID MAP NO. 14773; THENCE ALONG SAI!J NORTHERLY LINE OF LOT 30 SOUTH 89°05'23" EAST, 32.96 FEET; THENCE NORTH G2o42'48" EAST, 161.57 FEET; THENCE NORTH 0°31 '34" EAST, 51.55 FEET; THENCE NORTH 54°30'45" LAST, 24.73 FEET TO THE WESTERLY LINE OF SAID LOT 47; THENCE ALONG THE WESTERLYLINE OF SAID LOT 47 NORTH 0°31 '34" EAST, 24.36 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.216 ACRES" MORE OR LESS. ~ rt { :;.f2/1'- HANS P ER CRAIG, P.L.S. DATE: MY LICENSE EXPIRES 12/(~1/13 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. I, Donna Heraty, Deputy City 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. 2014-072, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF A SLOPE AND LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY NORTH OF POINSETTIA LANE BETWEEN SNAPDRAGON DRIVE AND CRYSTALLINE DRIVE, 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 23rd day of April, 2014. DEPUTY CITY CLERK (SEAL) 1 2 3 4 5 6 7 8 EXHIBIT2 RESOLUTION NO. 2014-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF A SLOPE AND LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY NORTH OF POINSETTIA LANE BETWEEN SNAPDRAGON DRIVE AND CRYSTALLINE DRIVE. WHEREAS, the tentative map of CT 06-12, 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 vacation by the City of g Carlsbad of a portion of an easement for slope and landscape maintenance purposes adjacent to 10 the project along the north side of Poinsettia Lane; and 11 WHEREAS, said easement was acquired by the City pursuant to Final Order of 12 Condemnation, Superior Court of the State of California, for the County of San Diego, No. N 13 43920, recorded January 2, 1991 in the San Diego County Recorder's Office as Doc. # 1991- 14 0001834;and 15 WHEREAS, pursuant to the above named action, the City of Carlsbad, a Municipal 16 Corporation, as Plaintiff paid the sum of money due the Tabata Family Trust, Defendant; and 17 WHEREAS, the Tabata Family Trust, property owner of CT 06-15, has submitted 18 a request known as STV 11-02 Tabata Ranch, to the City of Carlsbad requesting that the City 19 vacate a portion of said easement; and 20 WHEREAS, the current market value ofthe easement rights ofthat portion ofthe 21 easement to be vacated have been determined in a manner consistent with the Carlsbad 22 23 Municipal Code; and 24 WHEREAS, the Tabata Family Trust, property owner of CT 06-15 has paid to the 25 City of Carlsbad the current market value of the easement rights of that portion of the easement 26 to be vacated; and 27 28 1 WHEREAS, that portion of the easement to be vacated is not required for public 2 easement purposes; and 3 4 5 6 WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS the vacation is consistent with the General Plan of the City of 7 Carlsbad; and 8 WHERESS, the City Council of the City of Carlsbad has determined it to be in the 9 public interest to vacate the easement. 10 11 12 13 14 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 pursuant to the California Streets and Highways Code Division 9, 15. Part 3, Chapter 4, said excess public easement, described in Exhibit 6 attached hereto, shall be 16 summarily vacated. 17 3. The City Clerk is directed to accept payment on behalf of the City of 18 Carlsbad for the vacated easement rights. 19 20 4. The City Clerk is directed to record this resolution in the Office of the 21 County Recorder of San Diego County. 22 23 24 25 26 27 28 5. That upon recordation of this resolution at the County Recorder's Office, said portion of the easement no longer constitutes a public easement. Ill Ill Ill Ill 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City 2 of Carlsbad on the 22"d day of April, 2014, by the following vote to wit: 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 AYES: Council Members Packard, Wood, Schumacher and Blackburn. NOES: None. ABSENT: Council Member Hall. ATIEST: BARBARA ENGLESON,O ~ --=::::. (SEAL) "EXHIBIT A" LEGAL DESCRIPTION STY 11-02 BEING A PORTION OF THE SOUTHERLY 184.47 FEET OF THE EASTERLY 264.14 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 47 OF CITY OF CARLSBAD TRACT NO. CT 98-14-02, ACCORDING TO MAP NO. 14773, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 2004, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF POINSETTIA LANE; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 NORTH 0°31'34" EAST, 141.63 FEET TO THE TRUE POJNT OF BEGINNING; THENCE SOUTH 54°18'25" WEST, 85.26 FEET; THENCE SOUTH 49°44'00" WEST, 87.00 FEET; THENCE SOUTH 45°54'37" WEST, 86.00 FEET TO THE NORTHERLY LINE OF LOT 30 OF SAID MAP NO . . 14773; THENCE ALONG SAIO NORTHERLY LINE OF LOT 30 SOUTH 89°05'23" EAST, 32.96 FEET; THENCE NORTH 62°42'48" EAST, 161.57 FEET; THENCE NORTH 0°31'34" EAST, 51.55 FEET; THENCE NORTH 54°30'45" EAST, 24.73 FEET TO THE WESTERLY LINE OF SAID LOT 47; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 NORTH 0°31'34" EAST, 24.36 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.216 ACRES. MORE OR LESS. HASPERCRAIG, P.L.S. DATE: MY LICENSE EXPIRES 12/31/13 \\0 SHEET 1 OF 2 EXHIBIT "8" CAMINO a:: a:: -o 0 "( 8 ~ ~ ~ a:: ~ .... Ill LEGEND: P.O. B. . T.P.O.B. (R) ~ INDICATES POINT OF BEGINNING INDICATES TRUE POINT OF BEGINNING INDICATES RADIAL BEARING VICINITY MAP: INDICATES AREA TO BE VACATED, 0.216 AC.± NOTE: THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE ''EXHIBIT A" LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT. " HANS PETER CRAIG L. S. NO. 5270 NOT TO SCALE MY REGISTRATION EXPIRES: 12-31-13 R·E·C Cons.:iltonts, Inc. Scale: NONE CiW £ngileerilg • flrMlrlnenlG • l.cnl Slneying 2442 Second-Avenue Son Diego, CA 92101 (619)232~9200 (619)232-9210 Fox APN: 214-631-21 EASEMENT VACATION FOR A PORTION OF DOCUMENT 89-546752 Drown By: SMD STV 11-02 Dote: 5/2/20 12 \1 EXHIBIT ,8, PCL "0" CER " ,. T. OF COMPLIANCE DOC ____.. . 1998-1 05282 N88'59'23"W 263.98' LIN£ DATA TABLE - LOT 35 LIN£ BEARING DISTANCE . MAP 14773 L1 N54'30'45"£ 24.73' L2 1 N0'31'34"£ 26.36' CURVE DATA TABLE CURVE DELTA RADIUS LENGTH LOT 34 C1 1'50'56" 1651.00' 53.28' . .... 0 o) 0') "'"> :Lu lO LOT 33 ."<T (\1 ~ 0 0 <: LOT 32 LOT 31 LOT 30 MAP 14773 149.94' S89'05'23"£ R·E·(~ (W ~. Errinanenlm ·LJDI Slne)ing @ 2442 Second Avenue Son Diego, CA 92101 (619)2J2-9200 (6 ) Consultonts, Inc. Scale: 1"=60' APN: 214-631-21 19 2J2-92t0 Fox Scale: 1 ·=60' EASEMENT VACATION FOR A PORTION OF DOCUMENT 89-546752 SHEET 2 OF 2 LOT 47 LOT 47 MAP 14773 Drawn By: SMD STV 11-02 Date: 5/2/20 12 _____ \ct