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Home My WebLink About2012-06-05; City Council; Resolution 2012-123RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carisbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOCtt 2012-0353065 lllllllll IIII llllllllllllllll JUN 18. 2012 10:20 AM OFFICIAL RECORDS SAN DIESO COUNTY RECORDER'S OFFICE EmeslJ. Dronenbuig, Jr. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2012-123 SUMMARILY VACATE A PORTION OF AN EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES ADJACENT TO THE SOUTH SIDE OF PALOMAR AIRPORT WEST OF EL CAMINO REAL WITHIN THE PALOMAR COMMONS PROJECT. 8 STV 12-05 RESOLUTION NO. 2012-123 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILLY VACATE A PORTION OF AN EASEMENT FOR SLOPE AND 4 CONSTRUCTION PURPOSES ADJACENT TO THE SOUTH SIDE OF PALOMAR AIRPORT ROAD WEST OF EL CAMINO 5 REAL WITHIN THE PALOMAR COMMONS PROJECT. STV 12- 05 6 " 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, CSDI, LLC applicant, on behalf of the property owner, the County of San Diego, has filed an application to vacate a portion of an easement for slope and construction purposes adjacent to the south side of Palomar Airport Road west of El Camino Real dedicated to the City of Carisbad per Doc. # 1992-0443332 recorded July 15, 1992; and WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS, that portion of the easement to be vacated is no longer required for public easement purposes; and, WHEREAS, the vacation is consistent with the General Plan of the City of Carisbad; and, WHEREAS, the City Council of the City of Carisbad has determined it to be in the public interest to vacate that portion of the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct. 21 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, 22 Chapter 4, said excess public easement more particulariy described in Exhibit A 23 and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 24 3. The City Clerk is directed to record this resolution, the attached legal description 25 and plat in the Office of the County Recorder of San Diego County. 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 That upon recordation of this resolution at the County Recorder's Office, the portions of the easement so described in Exhibits A and B no longer constitute a public easement. -2- 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 5^^ day of June, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. MATT HAIL, Mayor ATTEST: ''^^n,t>^ (SEAL) EXfflBIT "A" SLOPE EASEMENT VACATION LEGAL DESCRIPTION STV 11-05 PAGE 1 OF 1 THE LAND DESCRIBED HEREIN IS A PORTION OF PALOMAR AIRPORT IN LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO MAP THEREOF NO 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVMEBER 16, 1896, LYING SOUTH OF PALOMAR AIRPORT ROAD, AS SHOWN ON RECORD OF SURVEY NO. 9939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 27, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES DESIGNATED AS PARCEL 91-0450-G PER DOCUMENT RECORDED JULY 15, 1992 AS DOCUMENT NO. 1992-0443332, OF OFFICLAL RECORDS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS DAY OF 2012. DONALD ROY CURRY, L.Sr7846 EXP. 12/31/12 EXHer TB' SLORE EASEh/mr VACATHDN PLAT PAGE 1 OF 1 LB3AL DESCRIPTION A PORTION OF LOT G OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVEMBER 16, 1896. NOFfTH COUNTY ANIhML CENTERPARCEL GRAPHIC SCALE OWNER COUNTY OF SAN DIEGO 5555 OVERLAND AVE. BUILDING 2, ROOM 110 SAN DIEGO, CA 92123 PALOMAR COMMONS PREPARED BY DONALD ROY CURRY, L.S. 7846 LICENSE EXP. 12-31-12 STV 11-05 APN 760-221-96 FUSCOE ENGINEERING INC. 6390 GREENWICH DR. NO. 170 SAN DIEGO, CA 92122 (858) 554-1500 LOCATION MAP NOT TO SCALE cmr OF OCEANSIDE HIGHWAY L,-.^ VICINITY MAP NOT TO SCALE SITE PROJECT NAME PALOMAR COMMONS PROJECT NUMBER STV 12-05 EXHIBIT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Senior Deputy Clerk of the City of Carlsbad, County of San Diego, State of Califomia, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2012-123. SUMMARILY VACATING A PORTION OF AN EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES ADJACENT TO THE SOUTH SIDE OF PALOMAR AIRPORT WEST OF EL CAMINO REAL WITHIN THE PALOMAR COMMONS PROJECT.STV 12-05. 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 12th day of June 2012. SHERRY FREISINGER SPJIOR DEPUTY CLERK (SEAL) '/» ^ RESOLUTION NO. 2012-123 EXHIBIT 1 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILLY VACATE A PORTION OF AN EASEMENT FOR SLOPE AND 4 CONSTRUCTION PURPOSES ADJACENT TO THE SOUTH SIDE OF PALOMAR AIRPORT ROAD WEST OF EL CAMINO 5 REAL WITHIN THE PALOMAR COMMONS PROJECT. 3TV 12- 05 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 • That the above recitations are true and correct. 21 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, 22 Chapter 4, said excess public easement more particularly described in Exhibit A 23 and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 24 3. The City Clerk is directed to record this resolution, the attached legal description 25 and plat in the Office of the County Recorder of San Diego County. 26 /// 27 /// 28 WHEREAS, CSDI, LLC applicant, on behalf of the property owner, the County of San Diego, has filed an application to vacate a portion of an easement for slope and construction purposes adjacent to the south side of Palomar Airport Road west of El Camino Real dedicated to the City of Carlsbad per Doc. # 1992-0443332 recorded July 15, 1992; and WHEREAS, the vacation is made pursuant to California Streets and Highways Code Division 9, Part 3, Chapter 4; and WHEREAS, that portion of the easement to be vacated is 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 that portion of the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 4. That upon recordation of this resolution at the County Recorder's Office, the 2 portions of the easement so described in Exhibits A and B no longer constitute a 3 public easement. 4 /// 5 /// 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 1^ /// 15 /// 16 /// 1^ /// 1« /// 19 /// 2° /// 2^ /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 -2- 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 5^^ day of June, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. MATT HAIL, Mayor ATTEST: DTI, As^tint City Clerk EXfflBIT "A" SLOPE EASEMENT VACATION LEGAL DESCRIPTION STV 11-05 PAGE 1 OF 1 THE LAND DESCRIBED HEREIN IS A PORTION OF PALOMAR AIRPORT IN LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL\, ACCORDING TO MAP THEREOF NO 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVMEBER 16, 1896, LYESIG SOUTH OF PALOMAR AIRPORT ROAD, AS SHOWN ON RECORD OF SURVEY NO. 9939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 27, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES DESIGNATED AS PARCEL 91-0450-G PER DOCUMENT RECORDED JULY 15, 1992 AS DOCUMENT NO. 1992-0443332, OF OFFICL\L RECORDS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS DAY OF 2012. DONALD ROY CUl^RY, EXP. 12/31/12 L.S:7846 EXhHBfr 'B' SLOPE EASEMENT VACATION PLAT PAGE 1 OF 1 LeEGAL DESCRIPTION A PORTION OF LOT G OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVEMBER 16, 1896. NOFTTH COUNTY ANIMAL CENTER PARCEL GRAPHIC SCALE PALOMAR COMMONS STV 11-05 OIKNER COUNTY OF SAN DIEGO 5555 OVERLAND AVE. BUILDING 2, ROOM 110 SAN DIEGO, CA 92123 PREPARED BY DONALD ROY CURRY, L.S. 7846 LICENSE EXP. 12-31-12 APN 760-221-96 DATE FUSCOE ENGINEERING INC. 6390 GREENIf/ICH DR. NO. 170 SAN DIEGO, CA 92122 (858) 554-1500