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Home My WebLink About2019-06-11; City Council; Resolution 2019-078RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2019-0301544 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Jul 24, 2019 02:23 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2019-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC DRAINAGE EASEMENT OVER LOT 9 OF CT 85-35, AVIARA PHASE 1 UNIT A LOCATED AT 7130 KINGFISHER LANE. CASE NAME: FOUR SEASONS RESIDENCE CLUB; CASE NO: VAC2017-0008 June 11, 2019 Item #6 Page 3 of 10 STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } ss. I, Hector Gomez Deputy City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2019-078 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC DRAINAGE EASEMENT OVER LOT 9 OF CT 85-35, AVIARA PHASE 1 UNIT A LOCATED AT 7130 KINGFISHER LANE. CASE NAME: FOUR SEASONS RESIDENCE CLUB; CASE NO: VAC2017-0008 with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 13 day of June 2019. ,,,,,,,,,,,,,,,,,,,, ~,,,,,i, CA ft I ,,,,,,, ,§' ,,.C..~ft /,,_,. ~0-·•·.V.A~ s-~ ,..-·· .. v ~ It::/~-~~-....~\ -u· . - \ \~ff~ ' ./ J ~ ~-~,,tt•"' ... ··-..$ ~ ,,. .. ' --~, ... "' ~ '-~ ············ ~""' "" ;:,"111, I.. I FO~ ,,,,,"-/;' '"''""""'""'' HECTOR GOMEZ DEPUTY CITY CLERK (SEAL) June 11, 2019 Item #6 Page 4 of 10 RESOLUTION NO. 2019-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC DRAINAGE EASEMENT OVER LOT 9 OF CT 85-35, AVIARA PHASE 1 UNIT A LOCATED AT 7130 KINGFISHER LANE. CASE NAME: CASE NO: FOUR SEASONS RESIDENCE CLUB VAC2017-0008 WHEREAS, the City Council of the City of Carlsbad, California has determined that Aviara Residence Club Owners Association Company, the owner of property at 7130 Kingfisher Lane and more particularly described as Lot 9 of CT 85-35, Aviara Phase 1 Unit A, Map 12409 recorded June 29, 1989 as Doc. No. 89-345850 of Official Records filed in the Office of the County of San Diego, has filed an application to summarily vacate a 15-foot wide public drainage easement over said property; and WHEREAS, said public drainage easement over said property was recorded on said Map 12409 on June 29, 1989; and WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS, the public drainage easement has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation and is not needed for present or future use by the city, public or adjacent property owners; and WHEREAS, no public facilities exist within the public drainage easement proposed to be vacated; and WHEREAS, the proposed summary vacation is in accordance with Growth Management Policies and is consistent with the General Plan of the city; and WHEREAS, the City Council of the City of Carlsbad has determined 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, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council finds that the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. June 11, 2019 Item #6 Page 5 of 10 3. That the City Council hereby summarily vacates a 15-foot wide public drainage easement over Lot 9 of CT 85-35, Aviara Phase 1 Unit A, Map 12409 recorded June 29, 1989 as Doc. No. 89-345850 of Official Records filed in the Office of the County of San Diego, located at 7130 Kingfisher Lane. 4. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, said excess easement more particularly described in Exhibit A and shown for the sake of clarity in Exhibit B, both attached hereto to this Resolution, shall be summarily vacated. 5. The City Clerk is directed to record this Resolution, the attached legal description (Exhibit A) and plat (Exhibit B) in the Office of the County Recorder of San Diego County. 6. That upon recordation of this Resolution at the Office of the County Recorder, this easement no longer constitutes a public street or public service easement. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 11th day of June, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. M1Jb!/f!! ~ ~Cl( BARBARA ENGLESON, City Clerk (SEAL) June 11, 2019 Item #6 Page 6 of 10 VAC 2017-0008 EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT VACATION AUGUST 14, 2017 J.N. 151007 PAGE 1 OF 1 A 15 FOOT WIDE DRANAGE EASEMENT IN LOT 9 OF CITY OF CARLSBAD TRACT NO. 85-35, AVIARA PHASE 1 UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED ON MAP THEREOF NO. 12 4 0 9, FILED IN THE OFFICE OF THE COUNTY RECORDER 01; SAN DIEGO COUNTY, ON JUNE 29, 1989 AS FILE NO. 89-345850, BEING WITHIN LOTS 4 6, 4 7 AND 51 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13979, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JUNE 9, 2000 AS FILE NO. 2000-0306276 OF OFFICIAL RECORDS. AREA 0.058 ACRES O:\Legal_Descriptions\151007\SD VACATION.doc June 11, 2019 Item #6 Page 7 of 10 en ...... C 0 ...... LEGAL OESCR/PT/ONS EXHIBIT 'B' LEGEND PORTION OF LOTS 46, 47, AND 51 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3 PLANNING AREAS PORTION OF 28 AND JO IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 139 79, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED JUNE 9, 2000 AS FILE NO. 2000-0306276 OF OFFICIAL RECORDS 2710 Loker Ave. West, Suite 100 Carlsbad, California 92010 760-931-7700 PROPERTY BOUNDARY ....... -------- RIGHT-OF-WAY LINE ......... ------- EX/Sr EASEMENT LINE ....... - - - - - - EXISTING DRAINAGE EASEMENT VACATED ~ HEREON .................... . PACIFIC OCEAN NOT 7rJ SCAL£ ::, en DATE: MAY 8, 2017 § ODayConsultants.com DRAINAGE EASEMENT VACATION U1----------,----'-------------------1-----------1 0 APPLICANT: EXHIBIT '8' SHEET 1 OF 2 SHEETS ~ AWARA R£9DEN(I auB 1 APPRQ,~#&" r--OW.JER'S ASS'OC, CAJJF ~ 'J _____,,,L;;~. ~'------'=---------~ 7100 AWARA RESrRT DR., JASON S. GELDERT DA TE '3.0 A.P.N. 215-941-04, 05, 07 @ CARLSBAD, CA 92011 EXP. 12 '31 18 R.C.£ 63912 EXP. 9 'JO '-1-8 VAC 2017-0008 G: \151007\Plats\EsmtVacate-Orainage\1507AP-ESMT-DRAN-Vacate-01-03.dwg Aug 15, 2017 2: 55pm Xrefs: 1507AP-ESMT-DRAN-Vaca\e; 1507AVIC; 1507BMAP June 11, 2019 Item #6 Page 8 of 10 EXHIBIT 'B' ) I --44' WIDE EXIST.~ 1 WATER EASEMENT I GRANTED TO CMWD ~ PER MAP NO. 12409 / / 56 I I I I I I EXISITNG ~AGE EASEMENT PER MAP---._________ NO. 12409 TO REMAIN I I I I I I I I I I I I EX/Sl L / 61 M/Z~. 912409 EASEMENT PER r, MAP Na 12409 I ~ TO REMAIN I I "--- . ~ 44' WIDE GENERAL ACCESS EASEMENT 1 ,' GRANTED TO THE CITY OF CARLSBAD"--- I ~0276'26. . /I R=318.00 ~ f L=15.00' ~ I ~~ I / PER MAP NO. 12409 / N19"49'o4"W/ 17.16' VACATE 15.0' JHDE EX/SllNG DRAINAGE EASEMENT ElY LOT LINE LOT 10 o· 50' liiiiiiiiiiiiil~---I ,::; I I I &/ N19"49'o4"W 12.46' ~ LOT 9, MAP 12409 SCALE: 1" = 50' I ~ I I I I I I I en- -~ 2710 Loker Ave. West, Suite 100 2 Carlsbad, California 92010 ~ 760-931-7700 N45VO'oo"w 94.63' I -45 J N23"46'14"E 7.63' N10V0'o0"E 9.63' en § ODoyConsultonts.com DRAINAGE EASEMENT VACATION DATE: MAY 8, 2017 Ut---------~___.-----------,-----,----------+----------1 0 APPLICANT: g AWARA RE9DENCE aue r---OKNER'S A.SSOC., CAJJF MBC ~ 7100 AWARA REsrRT DR., @ CARLSBAD, CA 92011 EXHIBIT '8' SHEET 2 OF 2 SHEETS VAC 2017-0008 G: \151007\Plats\EsmtVacate-Dr□inage\1507AP-ESMT-DRAN-Vacate-01-03.dwg Aug 15, 2017 2: 55pm Xrefs: 1507AP-ESMT-DRAN-Vacate; 1507AVIC; 1507BMAP June 11, 2019 Item #6 Page 9 of 10