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Home My WebLink About2008-10-14; City Council; Resolution 2008-287RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DQC# 2008-0545075 OCT20, 2008 12:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H. CO LI N T Y R E CO R D E R FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2008-287 Summarily Vacating a Public Sewer Easement Over Lot 2 of CT 97-13, PR 08-23 Map No. 14926 of December 15, 2004 Document No. 2004-1180065 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy 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. 2008-287. SUMMARILY VACATING A PUBLIC SEWER EASEMENT OVER LOT 2 OF CT 97-13. PR 08-23. 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 16th day of October, 2008. ^ C\Z SHERRY FRMSINGER DEPUTY CEERK (SEAL) 1 RESOLUTION NO. 2008-287 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PUBLIC 3 SEWER EASEMENT OVER LOT 2 OF CT 97-13. PR 08-23. 4 WHEREAS, Ted Tchang, President of Techbilt Construction, has submitted a request to 5 vacate a public sewer easement over Lot 2 of Carlsbad Tract 97-13, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14926, filed in the Office of the County Recorder of San Diego County, December 15, 2004; and WHEREAS, The offer of dedication is defined as a "public service easement" per8 Section 8306 of the California Streets and Highways Code; and 9 WHEREAS, the easement to be vacated is excess right-of-way not required for sewer 10 purposes; and WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and 12 Highways Code; and ^ 3 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 14 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 1 5 interest to vacate said easement. -1 6 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 Division 9, Part 3, Chapter 4 of the California Streets and19 Highway Code, said excess right-of-way as shown as 20' wide sewer easement across lot 2 of 20 Map No. 14926 more particularly described in Exhibit A and shown for the sake of clarity in Exhibit 21 B, shall be summarily vacated. 22 3. The City Clerk is directed to record this resolution, the attached legal description 23 and plat in the Office of the County Recorder of San Diego County. 24 4. That upon recordation of this resolution at the County Recorders Office, this 25 easement no longer constitutes a public service easement. 26 /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of October, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. , Mayor ATTEST: September 22, 2008 J.N. 961005-03 PAGE 1 OF 1 EXHIBIT XA' VACATION OF EASEMENT APN 209-121-01 LEGAL DESCRIPTION THE 20 FOOT SEWER EASEMENT AS OFFERED FOR DEDICATION OVER A PORTION OF LOT 2 OF CARLSBAD TRACT NO. 97-13, ACCORDING TO MAP THEREOF 14926, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 15, 2004 AS FILE NO. 2004-1180065 OF OFFICIAL RECORDS. O:\Legal_Descriptions\961005\VISTA SWR2A Quitclaim.lgl.doc oo ooooOJ BASIS OF BEARINGS A SOUTH LINE OF LOT 2 OF MAP No. 14926 I.E. N 80'35'51" E LEGEND EXISTING LOT LINE PER MAP No. 14926 STREET CENTERLINE — EXIST. EASEMENT LEGAL DESCRIPTION LOT 2, MAP No. 14926 REC. 12/15/2004 V77777A QUITCLAIM SEWER EASEMENT OFFER OF DEDICATION 15 WIDE EASEMENT TO THE CITY OF CARLSBAD REC. JUNE 4, 1982 AS F/N 82-171547, O.R., VACATION OF EASEMENT OFFER EXIST. 1 PRIVATE DRAINAGE EASEMENT 100_ 0' 200' SCALE: 1" = 200' 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 VACATION OF SEWER EASEMENT VICINITY MAP OFFER OF DEDICATION N0 SCALE APPLICANT/OWNER TECH CONTRACTORS ^ 3575 KENYON ST., STE. 20CT SAN DIEGO, CA 92110 (619) 223-1663 EXHIBIT "B' TIMOTHY 07~CARROLL, JR. LS. 7700 EXP. 12/31/08 SHT. / OF / SHTS. A.P.N. 209-121-01 6 l:\961005\96Q5AP01.dwg Sep 29, 2008 10: + Xrefs: 9605AP_; 9605AUAP 1 RESOLUTION NO. 2008-287 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PUBLIC 3 SEWER EASEMENT OVER LOT 2 OF CT 97-13. PR 08-23. 4 WHEREAS, Ted Tchang, President of Techbilt Construction, has submitted a request to 5 vacate a public sewer easement over Lot 2 of Carlsbad Tract 97-13, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14926, filed in the Office of 7 the County Recorder of San Diego County, December 15, 2004; and WHEREAS, The offer of dedication is defined as a "public service easement" per8 Section 8306 of the California Streets and Highways Code; and 9 WHEREAS, the easement to be vacated is excess right-of-way not required for sewer 10 purposes; and 11 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and 12 Highways Code; and WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 14 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 1 5 interest to vacate said easement. -1 6 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.18 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and19 Highway Code, said excess right-of-way as shown as 20' wide sewer easement across lot 2 of 20 Map No. 14926 more particularly described in Exhibit A and shown for the sake of clarity in Exhibit 21 B, shall be summarily vacated. 22 3. The City Clerk is directed to record this resolution, the attached legal description 23 and plat in the Office of the County Recorder of San Diego County. 24 4. That upon recordation of this resolution at the County Recorders Office, this 25 easement no longer constitutes a public service easement. 26 /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of October, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. /CLEWrS, Mayor ATTEST: M. WQDD, City Cler September 22, 2008 J.N. 961005-03 PAGE 1 OF 1 EXHIBIT 'A' VACATION OF EASEMENT APN 209-121-01 LEGAL DESCRIPTION THE 20 FOOT SEWER EASEMENT AS OFFERED FOR DEDICATION OVER A PORTION OF LOT 2 OF CARLSBAD TRACT NO. 97-13, ACCORDING TO MAP THEREOF 14926, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 15, 2004 AS FILE NO. 2004-1180065 OF OFFICIAL RECORDS. O:\Legal_Descriptions\961005\VISTA SWR2A Quitclaim.lgl.doc K BASIS OF BEARINGS A SOUTH LINE OF LOT 2 OF MAP No. 14926 I.E. N 80'35'51" E LEGAL DESCRIPTION LOT 2, MAP No. 14926 REC. 12/15/2004 LEGEND • EXISTING LOT LINE PER MAP No. 14926 STREET CENTERLINE EXIST. EASEMENT \7777777\ QUITCLAIM SEWER EASEMENT OFFER OF DEDICATION 15 WIDE EASEMENT TO THE CITY OF CARLSBAD REC. JUNE 4, 1982 AS F/N 82-171547, O.R.. VACATION OF 20' WIDE SEWER EASEMENT OFFER OF DEDICATION EXIST. PRIVATE DRAINAGE EASEMENT 0' 200' SCALE: 1" = 200' 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 VACATION OF SEWER EASEMENT VICINITY MAP OFFER OF DEDICATION NO SCALE APPLICANT/OWNER TECH CONTRACTORS 3575 KENYON ST., STE. SAN DIEGO, CA 92110 (619) 223-1663 20CT EXHIBIT "B" TIMOTHY 0~CARROLL, JR. LS. 7700 EXP. 12/31/08 SHT. / OF / SHTS. A.P.N. 209-121-01 l:\961005\9605APOl.d»9 Sep 29, 2008 10:41c Xrefs: 9605AP_; 9605AMAP