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HomeMy WebLinkAboutSTV 13-05; Ponto Beachfront Village; 2014-0275105; EasementDOCtt 2014-0275105 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 JUL 01, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 10 lllllllllllllllll SPACE ABOVE THIS LINE FOR RECORDER'S USE Citv of Carlsbad Resolution No. 2014-124 SUMMARY VACATION OF PORTIONS OF EASEMENT 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 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 RESOLUTION NO. 2014-124 A' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 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. . WHEREAS, Shopoff Land Fund II, LP, has filed an application on behalf of the property owner, LSF5 Carlsbad Holdings, LLC, a Delaware limited liability company to vacate portions of easements for drainage, sewer and public utility and access purposes generally within the Ponto Beachfront Village area, north of Avenida Encinas and west of Ponto Drive granted to the City of 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, California, as follows: 1. That the above recitations are true and correct. 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, said excess public easement, more particularly described in Exhibit A and shown for the 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. 1 2 3 4 5 6 7 g 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 easement no longer constitutes a public easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe 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 UTIUTY & ACCESS EASEMENTS IN LOT 2 OF BATIQUITOS POINTE, CARLSBAD TRACT 82-18 IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. 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 J. 2011 AS DOCUMENT NO 2011-0284873. LEGEND PARCEL UNE 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 CITY ©F PACIFIC OCEAN CITY OF ENCINITAS CaNSULTA^T 2710 Loker Avenue Weat Suite 100 Carlabad, Colifornio 92010 760-931-7700 Fox: 760-931-8680 ODayConauitor ta. conn Civil Engineering Planning Proceaaing Surveying VICINITY MAP NOT TO SCALE SHT. 1 OF 3 SHTS. EXHIBIT 'B* REQUESTED BY: SHOPOFF LAND FUND ll. LP. l-\1.'5105?\Plnts\F!!mtVncote\tJ22AP01.dwa PREPARED BY: TIMOTUXJ^. CARROLL, JR PROJECT: PONTO BEACHFRONT VILUGE nwr: STV 13-05 APN 216-140-43 REQUESTED BY: SHOPOFF LAND FUND ll. LP. l-\1.'5105?\Plnts\F!!mtVncote\tJ22AP01.dwa L.S.^77U0 EXP 12/31/14 \Sheet1 Mar 04. 2014 8:29am PROJECT: PONTO BEACHFRONT VILUGE HATF OCTOBER 2013 EXHIBIT 'B' 3 cn c O O a Q O CN © PARCEL 1 UNE SEI Y&E'LY UNE LOT 2 p;^RC^ ^28^^"^ NOTE: SEE SHEET J /CW EASEMENT DA TA TABLE. /O/l/PGa / LINE CDNSULTA^T 2710 Loker Avenue Weat Suite 100 Carlaoad. Colifomlo 92010 760-931-7700 Fox: 760-931-6660 OOoyConaultonta.com Civii Engineering Planning Proceasing Sun/eying 0" 100' SCALE: 1" = 100" DATA TABLE DELTA/BEARING RADIUS LENGTH 1 A = 43'29'37" 358.00' 271.76' 2 S 0517'43" E 163.31' 3 A = 1270'50" 358.00' 77.15' 4 S 1336'14" W 101.82' 5 N 84'42'17'' E 5.00' 6 S 0517'43'' E 265.21' 7 A = 01'58'57' 358.00' 12.39' 8 S 26'41'35'' E 225.50' 9 s ^jy/V;"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 It. LP. PREPARED BY: UMOTHY 0 CARROLL, JR • —.1. LS //OWlXP 12/31/14 PROJECT: PONTO BEACHFRONT VILLAGE DWG. STV 13-05 A.P.N. 216-140-43 DATE OCTOBER 2013 EXHIBIT 'B' T^^nTo22^Plats^STtVacate^U^ EASEMENT TABLE EASEMENTS PER PREUMINARY REPORT BY CHICAGO TITLE COMPANY, ORDER NO. 9684-996-U50, DATED MAY 9, 2013. NO DATE REC. DOC NO. BENERCIARY NATURE OF EASEMENT / 7-16-85 MAP NO 11290 PUBLIC PUBUC DRAINAGE 2 7-16-85 MAPNO 11290 PUBLIC PUBUC SEWER 3 7-16-85 MAP NO 11290 PUBLIC PUBUC SEWER & DRAINAGE 4 7-16-85 MAPNO 11290 PUBLIC PUBUC UTILITIES & ACCESS 5 7-23-54 BOOK 5310. PG 473. OR CITY OF CARLSBAD ACCESS RIGHTS 6 10-19-94 F/N 1994-0612498 CITY OF CARLSBAD PUBLIC STREET Sc UTIUVES 7 10-19-94 F/N 1994-0612500 CITY OF CARLSBAD PUBLIC STREET & UTIUTIES *PORTION INCLUDED WITHIN PARCEL 1 OF DOG 2011-0284873 VACATED HEREON o o a o CN © CDNSULTA/NT 2710 Loker Avenue Weat Suite 100 Carlabad, Colifornia 92010 760-931-7700 Fox: 760-931-8680 ODoyConsultants.com Civil Engineering Planning Proceaaing Surveying SHT. 3 OF 3 SHTS. EXHIBIT 'B' REQUESTED BY: SHOPOFF LAND FUND ll. LP PREPARED BY: TIMOTHYJirGARROLL, 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' T^T31022^[piats^SrtV^ 1 -ITJAD—CV/- LOCATION MAP NOT TO SCALE PROJECT NAME PONTO BEACHFRONT VILLAGE PROJECT NUMBER STV13-05 EXHIBIT PLOrrni BY-, SCOTT EVANS PLOT DATBA/IA/U PATH-.D:\DEVEL0PMENT PRa£CTS\STV\AUrOCAD\STV13-05.Dm: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Shelley Collins, Assistant City Cierk of the City of Carlsbad, County of San Diego, State of Caiifornia, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2014-124. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. 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, passed approved and adopted by the Carlsbad City Council on June 17, 2014, 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 24th day of June, 2014. SHELLEY COLLINS, CMC ASSISTANT CITY CLEl^ (SEAL) c>J Srr..-'...... ••.^'C <,