HomeMy WebLinkAbout2013-06-18; City Council; Resolution 2013-152EXHIBIT 2
1 RESOLUTION NO. 2013-152
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
3 DRAINAGE EASEMENT OVER A PORTION OF PARCEL 3
OF PARCEL MAP NO. 17971, GENERALLY LOCATED
4 NORTH OF FARADAY AVENUE, WEST OF COLLEGE
BOULEVARD. PR 11-27
5 "
5 WHEREAS, the property owner. Life Technologies Corporation, has requested the
vacation of a drainage easennent dedicated per Parcel Map No. 17971; and
WHEREAS, in June 2011, the city approved PUD 09-02(B) which includes the request to
vacate Van Allen Way to make it a private street and vacate the existing associated stornn drain
easements; and
WHEREAS, said drainage easement vacation request is made in conjunction with street
vacation STV 11-01, Life Technologies' request to vacate Van Allen Way, north of Faraday
Avenue. As this portion of Van Allen Way becomes private, the storm drains that serve this street
will become privately owned and maintained; and
14 WHEREAS, said drainage easement is defined as a "public service easements" per
15 Section 8306 of the California Streets and Highways Code; and
16 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 properties; and
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
Highways Code; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
///
///
///
7
8
9
10
11
12
18
19
20
21
22
23
24 ///
25 ///
26 ///
27
28
///
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
3 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 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.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 3 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.
///
///
///
///
///
///
///
///
///
///
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 Special Meeting of the City Council of the
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.
ATTEST:
BARBARA ENGLESCLN, City Clerk
-^0-
O:
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT VACATION
PR 11-27
That certain drainage easement as dedicated in Parcel 3 of Parcel Map
17971, in the City of Carlsbad, County of San Diego, State 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, being described as follows:
BEGINNING at the Southwesterly terminus of that certain course shown as
having a bearing and distance of "N 36°31'58" E 55.85'," on the
Southeasterly Right-of-Way of Van Allen Way, and the Northwesterly line
of Parcel 3 of said map, now a portion of Parcel A of Certificate of
Compliance recorded on October 27, 1998 as Doc. 1998-0696720, of
Official Records; thence along said line North 36°31'58" East 7.21 feet;
thence leaving said line South 15°04'46" East 49.48 feet to a point on
the Southerly line of said Parcel A and the Northerly Right-of-Way of
Faraday Avenue as shown on said map, said point being the beginning of a
non-tangent curve concave Southerly and having a radius of 1242.00 feet,
a radial bearing of said curve to said point bears North 30°21'22" East;
thence along said curve Westerly 10.94 feet through a central angle of
00''30'17" to the beginning of a tangent curve concave Northeasterly and
having a radius of 25.00 feet, a radial bearing of said curve to said
point bears South 29°51'05" West; thence along said curve and the
Southerly and Westerly lines of said Parcel A Northerly 42.18 feet
through a central angle of 96°40'47" to the POINT OF BEGINNING.
CONTAINING 509 Sq. Ft., 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 23, 2011
Page 1 of 1
PARCEL 2
APN 212-130-45
PARCEL
EXHIBIT 'B'
PR 11-27
MAP 17971 PARCEL 1
ARM 212-130-44
TO BE VACATED PER
STV11-01
A=96'40'47"
R=25.00'
L=42.18'
S29;51'05';W_(R^
I
A=00'30'17
R=1242.00'
1=10.94'
\
N36'31'58"E
55.85'^
% ^^.'VN36'31'58"E
\>t -7 01'
RAqiq OF BEARINGS
THE BASIS OF BEARINGS FOR THIS
DRAWING IS THE EASTERLY LINE OF
PARCEL 2 OF PARCEL MAP NO. 17971
I.E. N54-09'07''W.
prrrRFNnr DRAWINGS
PM 17971
LEGEND
INDICATES DRAINAGE EASEMENT VACATED.
AREA = 509 SQ. FT
P.O.B. INDICATES POINT OF BEGINNING
(R) INDICATES RADIAL
PREPARED BY:
PROJECT: PUD 09-02(B)
REQUESTED BY:
CONSULTING
PLANNING • DESIGN • CONSTBUCTIDN
9755 CLAIREMOfT MESA BOULEVARD. SUITE 100
SAN DEGO, CAUFORNU 92124-1324
858.6145000 • FAX 858.614.5001 • inniPBF.com
technoloqies"
DWG. PR 11-27
A . P.N. 212-130-49
DATF 8/23/11
EXHIBIT 'B'
H:\PDATA\25104481\CADD\MAPPING\EXHIBITS\4481-EXH03-VACA.DWG GLINDQUIST 8/23/2011 9:38