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HomeMy WebLinkAbout2014-06-17; City Council; Resolution 2014-124RESOLUTION NO. 2014-124 1 2 „ A^ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, TO SUMMARILY VACATE PORTIONS OF EASEMENTS FOR DRAINAGE, SEWER AND PUBLIC UTILITY AND ACCESS PURPOSES WITHIN ^ THE PONTO BEACHFRONT VILLAGE AREA NORTH OF AVENIDA ENCINAS AND WEST OF PONTO DRIVE - STV 13-05. 0 g WHEREAS, Shopoff Land Fund II, LP, has filed an application on behalf of the property 7 owner, LSF5 Carlsbad Holdings, LLC, a Delaware limited liability company to vacate portions of 8 easements for drainage, sewer and public utility and access purposes generally within the Ponto 9 Beachfront Village area, north of Avenida Encinas and west of Ponto Drive granted to the City of 10 Carlsbad per Map 11290, File No. 85-253280 recorded July 16,1985; and WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS, the portions of the easements to be vacated are no longer required for public easement purposes; and 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 interest to vacate the portions of the easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 12 13 14 15 16 17 18 19 20 California, as follows: 2-) 1. That the above recitations are true and correct. 22 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, 23 said excess public easement, more particularly described in Exhibit A and shown for the 24 sake of clarity in Exhibit B, shall be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal description, and the attached plat in the Office of the County Recorder of San Diego County. 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 4. That upon recordation of this resolution at the County Recorder's Office, said excess public easennent no longer constitutes a public easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17*" day of June, 2014, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. None. MATT HALL, Mayor ATTEST: BARBARA ENGLES^City Clerk March 3, 2014 J.N. 131022 STV 13-05 EXHIBIT 'A' LEGAL DESCRIPTION SEWER, DRAINAGE, AND PUBLIC UTILITY & ACCESS EASEMENTS VACATION PONTO BEACHFRONT VILLAGE PARCEL 1: A 15' WIDE DRAINAGE EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.056 ACRES MORE OR LESS PARCEL 2: A 15' WIDE SEWER EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.035 ACRES MORE OR LESS PARCEL 3: ALL THAT PORTION OF A 25' WIDE SEWER AND DRAINAGE EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.153 ACRES MORE OR LESS Page 1 of 2 March 3, 2014 J.N. 131022 PARCEL 4: ALL THAT PORTION OF A 32' WIDE PUBLIC UTILITY AND ACCESS EASEMENT IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 11290, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO JULY 3, 1985 AS FILE NO. 85-253280, INCLUDED WIHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3, 2011 AS DOCUMENT NO. 2011-0284873 IN SAID CITY OF CARLSBAD. AREA = 0.129 ACRES MORE OR LESS O:\legaldescriptions\071226\131022_EMT_Vacate.doc Page 2 of 2 LEGAL DESCRIPTION SEWER DRAINAGE. AND PUBLIC UTILITY & ACCESS EASEMENTS IN LOT 2 OF BATIQUITOS POINTE. CARLSBAD TRACT 82-18 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AS DEDICATED ON MAP No. 11290 RECORDED JULY 16, 1985 INCLUDED WITHIN PARCEL 1 OF CERTinCATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 10-01 RECORDED JUNE 3 2011 AS DOCUMENT NO 2011-0284873 LEGEND PARCEL LINE OF PARCEL 1 DOC NO 2011-0284873 RIGHT-OF-WAY EXISTING EASEMENT LINE PORTION OF EASEMENTS VACATED HEREON EXISTING EASEMENT SEE SHEET 3 FOR DATA TABLE m PACIFIC OCEAN CITY ©F CAIRLSiAD S3: SITE CITY OF ENCINITAS CONSULT A^T 2710 Loker Avenus W«9t Suits 100 Carisbad, California 92010 760-9J1-77O0 Fox: 760-931-3680 OOoyConsultonts .com Civil EnQinearing Planning Processing Surveying VICINITY MAP NOT TO SCALE SHT. 1 OF 3 SHTS. EXHIBIT 'B' REQUESTED BY: SHOPOFF LAND FUND II. LR h\1.'?in99\Plats\EsmtVncate\1322AP01.dwa PREPARED BY: TIMOTUX^). CARROLL. JR. PROJECT: PONTO BEACHFRONT VILLAGE nwn STV 13-05 APN 216-140-43 REQUESTED BY: SHOPOFF LAND FUND II. LR h\1.'?in99\Plats\EsmtVncate\1322AP01.dwa PROJECT: PONTO BEACHFRONT VILLAGE nATF OCTOBER 2013 REQUESTED BY: SHOPOFF LAND FUND II. LR h\1.'?in99\Plats\EsmtVncate\1322AP01.dwa LS.^0 EXP 12/31/14 VSheetl Mar 04. 2014 8:29am PROJECT: PONTO BEACHFRONT VILLAGE EXHIBIT 'B' o o a Q o o CN © 'PARCEL 1 LINE NOTE: SEE SHEET 3 FOR EASEMENT DA TA TABLE. ^^'^^^^ ^ '-'^^ 2710 Loker Avenue West Suite 100 Carlsbad. Cdifomla 92010 750-931-7700 Fox: 760-931-8680 •OayCansultants.com Civil Engineering Planning Processing Surveying SCALE: 1" = 100' DATA TABLE Eo) DELTA/BEARING RADIUS LENGTH 1 A = 4329'37'' 358.00' 271.76' 2 S 0577'43'' E 16331' 3 A = 1270'50'' 358.00' 77.15' 4 S 13'36'14'' W 101.82' 5 N 84'42'17'' E 5.00' 6 S 0517'43'' E 265.21' 7 A = 0V58'57'' 358.00' 12.39' 8 S 26'41'35'' E 225.50' 9 S 6317'41" W 5.84' 10 A = 5735'40'' 140.00' 140.73' 11 S 0536'45" W 29.74' SHT. 2 OF 3 SHTS. EXHIBIT 'B' REQUESTED BY: SHOPOFF LAND FUND II. LP LS 770d~EXP 12/31/14 PREPARED BY: TIMOTHY 0 CARROLL JR PROJECT: PONTO BEACHFRONT VILLAGE DWG. STV 13-05 A.P.N. 216-140-43 DATE OCTOBER 2013 EXHIBIT 'B' EASEMENT TABLE EASEMENTS PER PREUMINARY REPORT BY CHICAGO TITLE COMPANY, ORDER NO. 9684-996-U50, DATED MAY 9, 2013. NO DATE REG. DOC NO. BENEFICIARY NATURE OF EASEMENT / 7-16-85 MAP NO 11290 PUBUC PUBUC DRAINAGE 2 7-16-85 MAP NO 11290 PUBUC PUBLIC SEWER 3 7-16-85 MAP NO 11290 PUBLIC PUBLIC SEWER & DRAINAGE 4 7-16-85 MAP NO 11290 PUBLIC PUBUC UTILITIES & ACCESS 5 7-23-54 BOOK 5310, pa 473 OR CITY OF CARLSBAD ACCESS RIGHTS 6 10-19-94 F/N 1994-0612498 CITY OF CARLSBAD PUBUC STREET & UTILITIES 7 10-19-94 F/N 1994-0612500 CITY OF CARLSBAD PUBUC STREET dg- UTILITIES *PORTION INCLUDED WITHIN PARCEL 1 OF DOC 2011-0284873 VACATED HEREON. CONSULT A/N T 2710 Loker Avenue Weet Suite 100 Carlsbad. California 92010 760-931-7700 Fax: 760-931-8680 ODoyConsultants.conn Civil Engineering Planning Processing Surveying SHT. 3 OF 3 SHTS. EXHIBIT *B' REQUESTED BY: SHOPOFF LAND FUND II. LP PREPARED BY: TIMOTHYJ)r€ARR0LL. JR LS 7700 EXP 12/31/14 PROJECT: PONTO BEACHFRONT VILLAGE DWG STV 13-05 A.P.N. 216-140-43 DATE OCTOBER 2013 EXHIBIT 'B'