HomeMy WebLinkAbout2013-06-18; City Council; Resolution 2013-151EXHIBIT 1
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RESOLUTION NO. 2013-151
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
DRAINAGE EASEMENT OVER A PORTION OF PARCEL 1
4 OF PARCEL MAP NO. 17971, GENERALLY LOCATED
NORTH OF FARADAY AVENUE, WEST OF COLLEGE
5 BOULEVARD. PR 11-27
WHEREAS, the property owner. The GC Net Lease (Carlsbad) Investor, LLC, has
requested the vacation of a drainage easement dedicated per Parcel Map No. 17971; and
WHEREAS, in June 2011, the city approved PUD 09-02(B) which includes the request to
9 vacate Van Allen Way to make it a private street and vacate the existing associated storm drain
10 easements; and
11 WHEREAS, said drainage easement vacation request is made in conjunction with street
12 vacation STV 11-01, Life Technologies' request to vacate Van Allen Way, north of Faraday
^2 Avenue. As this portion of Van Allen Way becomes private, the storm drains that serve this street
will become privately owned and maintained; and
WHEREAS, said drainage easement is defined as a "public service easement" per
Section 8306 of the California Streets and Highways Code; and
WHEREAS, the property owner has executed a maintenance agreement, per PUD 09-
02(b), addressing the maintenance of the storm drains within this easement that will record against
the property; and
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
20 Highways Code; and
21 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
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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 the facilities located in said easement will be privately maintained as
provided for in the private maintenance agreement per PUD 09-02(B).
3. That, subject to the vacation of Van Allen Way, STV 11-01, the drainage
easement attached hereon is not required for present or future use and is considered to be excess,
therefore it is determined to be in the public interest to vacate said drainage easement.
4. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, the drainage easement over a portion of parcel 1 of Parcel Map No. 17971,
recorded on December 24, 1997 as File No. 1997-0656621 more particularly described in Exhibit
"A" and shown for the sake of clarity in Exhibit "B" is summarily vacated.
5. That the City Clerk is directed to record this resolution, the attached legal
description and plat in the Office of the County Recorder of San Diego County.
6. That upon recordation of this resolution at the County Recorder's Office, the
vacated easement no longer constitutes a public service easement.
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PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe City Council ofthe
City of Carlsbad on the 18^^ day of June, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
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ATTEST:
B'ARBARA ENGLESOfl, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT VACATION
PR 11-27
That certain 20 foot wide drainage easement as dedicated in Parcel 1 of
Parcel Map 17971 in the City of Carlsbad. County of San Diego siaL 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, the centeriine of which is described as follows:
COMMENCING at the corner common to Parcel A of Certificate of Compliance
recorded on October 27. 1998 as Doc. 1998-0696720. of Official Records
Zll] LTM': ''T'' r^^^-^-W^^ of van All^n Way as shL" tid
Parcel Map. that portion of said Right-of-Way being a curve concave
Westerly and having a radius of 60.00 feet, a radial line of said curve
to said point bears North 63<'25'17" East; thence along said Right-of-Way
Northwesterly 16.56 feet through a central angle of 15M8'43" ?o the
TRUE POINT OF BEGINNING; thence leaving said Right-of-Way North
35 50'53" East 607.77 feet; thence North 88''25'37" East 104 37 feet-
thence South 80^2•27" East 157.70 feet to the Westerly Right of Wai
line of College Boulevard as shown on said Parcel Map, said point beinq
the POINT OF TERMINUS. ^ ^
CONTAINING 0.399 Acres, More or Less
SUBJECT TO all Covenants. Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
This description was prepared by me or under my direction.
Ernest G. Wade. LS 6052
RBF CONSULTING
9755 Clairemont Mesa Boulevard. Suite 100
San Diego, California 92124
JN 25-104481
August 31. 2011
Page 1 of 1
1 I
PARCEL 2
APN 212-130-45
PARCEL
•—<E-
EXHIBIT 'B'
PR 11-27
MAP 17971 PARCEL 1
APN 212-130-44
P.O.C.
TP.O-B-
N35-50'53"E 607.77'
N88*25'37"E
104.37''
TO BE VACATED PER.
STV11-01
^A=15*48'43'
R=60.00'
N63'25'17"E (R) j L=16.56'
PARCEL A
CERTIFICATE OF COMPLIANCE
DOC. #1998-0696720
APN 212-130-49
COLLEGE ^ BOULEVARD
S80'42'27"E
157.70'
P.O.T.
/
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS
DRAWING IS THE EASTERLY UNE OF
PARCEL 2 OF PARCEL MAP NO. 17971.
I.E. N54*09'07"W.
REFERENCE DRAWINGS OF CKV^J^
INDICATES DRAINAGE EASEMENT VACATED.
AREA = 0.399 AC.
PM 17971
LEGEND
P.O.C. INDICATES POINT OF COMMENCING
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
P.O.T. INDICATES POINT OF TERMINUS
(R) INDICATES RADIAL
r VAN ALLEN-
WAY
VICINITY MAP
NOT TO SCALE
V
PROJECT: PUD 09-02(B)
PREPARED BY:
•IH^HB^^HpaV PLANNING • DESIGN • CONSTRUCTION
KtSi"
• _ _ 9755 CtAIREMONT MESA BCXA£VARD, SUCTE100
SAN DIEQO, CAUFORMA 92124-1324
• •NSULTING 858.6M.5000 • FAX 858.614.5001 • ii»v»w.RBF.com
REQUESTED BY:
technoioq:es"
DWG. PR 11-27
A.P.N. 212-130-44
DATE 8/23/11
EXHIBIT 'B'
H:\PDATA\25104481\CADD\MAPPING\EXHIBITS\4481-EXH02-VACA.DWG GLINDQUIST 8/23/2011 9:30