HomeMy WebLinkAbout2011-10-11; City Council; Resolution 2011-239RESOLUTION NO. 2011-239
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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PR 11-31
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CARLSBAD TO SUMMARILY VACATE SEWER EASEMENTS
OVER A PORTION OF LOT 172 OF MAP NO. 10257
GENERALLY LOCATED AT 2514 LA GOLONDRINA STREET,
WHEREAS, the City of Carlsbad, has submitted a request for the city to vacate a sewer
pump station easement over a portion of lot 172 of Map No. 10257 recorded November 4, 1981 in
the Office of the County Recorder of San Diego County as file/page No. 81-349500 of Official
Records, and also as dedicated on document No. 85-465358 recorded December 10, 1985 in the
Office of the County Recorder of San Diego County; and
WHEREAS, said sewer easements are defined as a "public service easement" per
Section 8306 of the California Streets and Highways Code; and
WHEREAS, a replacement gravity sewer service has been constructed and the sewer
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easements being vacated are considered excess public service easements and not required for
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public purposes; and
15 WHEREAS, said sewer easements are not required for the purpose for which they were
granted and is not now, nor contemplated to be needed in the future for sewer purposes; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
Highways Code; and
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WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
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interest to vacate said sewer easements.21
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:23
1. That the above recitations are true and correct.24
2. That, pursuant to Division 9, Part 3, Chapter 4 of the California Streets and25
Highway Code, the sewer easements are considered excess public service easements.
3. The sewer easement over a portion of lot 172 per Map No. 10257 recorded
November 4, 1981 in the Office of the County Recorder of San Diego County as file/page No. 81-2.O
1 349500 of Official Records, and the sewer pump station easement dedicated per document No.
2 85-465358 recorded December 10, 1985 in the Office of the County Recorder of San Diego
3 County, shall be summarily vacated.
4 4. The City Clerk is directed to record this resolution in the Office of the County
5 Recorder of San Diego County.
6 5. That upon recordation of this resolution at the County Recorder's Office, the
7 vacated sewer easements no longer constitute public service easements.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 11 th day of October 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
TORRAlNE M. WOOD, City Clerk
(SEAL)