HomeMy WebLinkAbout2012-11-27; City Council; Resolution 2012-2541
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EXHIBIT 1
RESOLUTION NO. 2012-254
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA. TO SUMMARILY VACATE A 12 FOOT
WIDE DRAINAGE EASEMENT GENERALLY LOCATED AT 7547
GIBRALTAR STREET (STV 12-02)
WHEREAS, Coastal Living LLC, owner of Parcel 2 of Certificate of Compliance recorded
on August 27, 1984 as document number 84-325375 (the property), filed an application to vacate
a drainage easement, described as Parcel 5 per document recorded November 18, 1969, file no.
211764 (the easement), that was offered to and accepted by the San Diego County Flood Control
District; and
WHEREAS, the property was annexed to the City of Carlsbad on October 16, 1972
(East Carlsbad Annexation E-2.12); and
WHEREAS, pursuant to Chapter 105, Section 51 of the San Diego Water Code, title to
the easement is now vested in the City of Carlsbad, effective July 1, 1985; and
WHEREAS, the easement to be vacated is defined as a "public street and utility
easement" per Sections 8333 and 8334 of the Califomia Streets and Highways Code; and
WHEREAS, the easement to be vacated is a utility easement not required for public
utility or access purposes; and
WHEREAS, this vacation is made pursuant to Section 8333 and 8334 of the California
Streets and Highways Code; 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 detennined it to be in the public
interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Califomia, as follows:
1. That the above recitations are true and correct.
2. That pursuant to Section 8333 and 8334 of the Califomia Streets and Highway
Code, said drainage easement more particularly described in Exhibit A and as shown in Exhibit B,
shall be summarily vacated.
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3. The City Clerk is directed to record this resolution, the attached legal description
and plat in the Office of the County Recorder of San Diego County.
4. That upon recordation of this resolution at the County Recorders Office, the
portions of this easement no longer constitutes a public street and access easement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of November, 2012, by the following vote
to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard
None.
ABSENT: None.
MATTlTiALL, Mayor
ATTEST:
Karen R. Kundtz, Assistant City Clerk
(SEAL)
October 31, 2012
J.N. 121004
EXHIBIT 'A'
VACATION OF DRAINAGE EASEMENT
STV 12-02
A 12.00 FOOT WIDE EASEMENT FOR DRAINAGE STRUCTURE'S WITH
THE RIGHT OF INGRESS AND EGRESS, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, GRANTED TO THE SAN DIEGO COUNTY
FLOOD CONTROL DISTRICT, AS PARCEL 5 PER DOCUMENT RECORDED
NOVEMBER 18, 1969 AS FILE NO. 211764, OFFICIAL RECORDS OF
SAID COUNTY OF SAN DIEGO.
6
LEGAL DESCRIPTION:
SAID PROPERTY BEING DESCRIBED AS
PARCEL No. 2 IN CERTIFICA TE OF
COMPLIANCE RECORDED ON AUGUST 27,
1984 AS FILE No. 84-J25J75 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY AND LOT
A OF DOC 2008-0252174
BASIS OE BEARINGS:
THE BASIS OF BEARINGS FOR
THIS PLA T IS THE NAD8J, ZONE
6, 1991.35 EPOCH GRID BEARING
BETWEEN FIRST ORDER POINTS
CLSB-020 & CLSB-024 PER
RECORD OF SURVEY NO 17271,
I.E. N6J'47'49"W.
LEGEND:
()
OCEANSIDE
PROPERTY UNE
EXISTING EASEMENT
EASEMENT TO BE VACATED
RECORD DATA PER CERT OF
COMPUANCE REC 8/27/84
AS F/N 84-325375
VISTA
CITY OF
SAN
MARCOS
VICINnY MAP
NO SCALE
0 N S U L T T S
2710 Loker Avenue West
Suite 100
Corlsbod, Californio 92010
760-931-7700
Fax: 760-931-8680
Civil Engineering
Planning
Processing
Surveying
STV 12-02
EXHIBIT 'B'
LAND
^\ NO. 8753
^ EXP. 12/31/12 /
SHT. 1 OF 2 SHTS
CITY OF CARLSBAD - VACATION DRAINAGE EASEMENT
REQUESTED BY:
COASTAL UVING, LLC
814 S WESTGATE AVE. f25
LOS ANGELES, CA 90049
PREPARED BY:
NICHOLE A. FINE
RCE 8753 EXP 12/31/12
APN 216-290-47
216-592-01
HATF 10-31-2012
n-\n.^inRn\n,"^6nAPni-'=;nR riwn Nnv oi ?oi7 a •."^9nm ^
SORT
DOC N0,p;'2i^
6?/73y7F PUBLIC STORM DRAIN
EASEMENT TO THE CITY OF CARLSBAD
FROM LA COSTA RESORT
REC 5/02/2012 AS
F/N 2012-0257558
2710 Loker Avenue West
Suite 100
Carlsbad. California 92010
760-931-7700
Fax: 760-931-8680
SHT. 2 OF 2 SHTS
CITY OF CARLSBAD - VACATION DRAINAGE EASEMENT
REQUESTED BY:
COASTAL LIVING, LLC
814 S WESTGATE AVE. 0125
LOS ANGELES, CA 90049
PREPARED BY:
NICHOLE, A. FINE . •
'R.C.E 8753 EXP 12/31/12
APM 216-290-47
216-592-01
DATF 10-31-2012
r,-\f),'^inRn\n,^RnAPOi-=;nR Hwn Nnv ni ^oyKP.-^7nt