HomeMy WebLinkAbout2011-04-26; City Council; Resolution 2011-0781
RESOLUTION NO. 2011-078
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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EXHIBIT 1
CARLSBAD, TO SUMMARILY VACATE A TRAIL EASEMENT
OVER A PORTION OF LOT 195 OF MAP NO. 15318 AND OVER
A PORTION OF LOT 48 OF MAP NO. 15649, PR 11-01,
GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION
OF AVENIDA SOLEDAD AND RANCHO SANTA FE ROAD.
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CASE NO.: PR 11-01
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WHEREAS, Real Estate Collateral Management, a Delaware Corporation, has
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submitted a request for the city to vacate a trail easement over a portion of lot 195 of Map No.
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15318 recorded April 18, 2006 in the Office of the County Recorder of San Diego County as
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file/page No. 2006-0271049 of Official Records, and over a portion of lot 48 of Map No. 15649
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recorded December 3, 2007 in the Office of the County Recorder of San Diego County as file/page
No. 2007-0750674 of Official Records recorded; and12
WHEREAS, said trail easement is defined as a "public service easement" per Section
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8306 of the California Streets and Highways Code; and
14 WHEREAS, a replacement trail easement has been provided per Map No. 15649 and
the original trail easement being vacated is considered excess public service easement and not
required for public access purposes; and
WHEREAS, said trail easement is not required for the purpose for which it was granted
and is not now, nor contemplated to be needed in the future for trail purposes; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
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WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
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Highways Code; and
21 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
22 interest to vacate said trail easement.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
25 1. That the above recitations are true and correct.
26 2. That, pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
27 Highway Code, the trail easement is considered excess public service easement. The trail
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1 easement over a portion of lot 195 of Map No. 15318 and a portion of lot 48 of Map No. 15649,
2 more particularly described in Exhibit "A" and shown for the sake of clarity in Exhibit "B", shall be
3 summarily vacated.
4 3. The City Clerk is directed to record this resolution, the attached legal description
5 and plat in the Office of the County Recorder of San Diego County.
6 4. That upon recordation of this resolution at the County Recorder's Office, the
7 vacated portion of this easement no longer constitutes a public service easement.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 26th day of April, 2011, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
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5 NOES: None.
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ABSENT: None.
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11 MATT HALL, Mayor
12 ATTEST:
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LORRAINE M. WOOD, City Clerk
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EXHIBIT "A"
LEGAL DESCRIPTION
PR 11-1
THAT PORTION OF LOT 195 IN CITY OF CARLSBAD TRACT NO. 99-04-03 VILLAGES OF LA
COSTA- LA COSTA OAKS NORTH ACCORDING TO MAP THEREOF NO. 15318, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 18, 2006
TOGETHER WITH THAT PORTION OF LOT 48 IN CITY OF CARLSBAD TRACT NO. 06-06 LA
COSTA OAKS NORTH - NEIGHBORBHOOD 3.7 ACCORDING TO MAP THEREOF NO. 15649,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
DECEMBER 03, 2007, BOTH IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 195; THENCE ALONG THE
EASTERLY LINE THEREOF, NORTH 00019'30" WEST, 10.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE ALONG A LINE PARALLEL WITH AND
10.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 195, NORTH 89°53'58"
WEST, 1027.43 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID
LOT 48; THENCE CONTINUING NORTH 89°53'58" WEST, 68.78 FEET TO THE EASTERLY
RIGHT-OF-WAY LINE OF AVENIDA SOLEDAD DEDICATED PER SAID MAP NO. 15649, AND
THE POINT OF TERMINUS.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE EASTERLY IN SAID EASTERLY LINE OF SAID LOT 195
AND WESTERLY IN SAID EASTERLY RIGHT-OF-WAY LINE OF AVENIDA SOLEDAD.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.502 ACRES, MORE OR
LESS.
DOUGLAS B. gTROUP P.L.S. 8553
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
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