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Home My WebLink About2020-01-28; City Council; Resolution 2020-023RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2020-008784 7 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Feb 21, 2020 09:56 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0 00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2020-023 RESOLUTION NO. 2020-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A WATER EASEMENT OVER A PORTION OF LOT 16 OF MAP NO. 10899 LOCATED AT 6800 AVENIDA ENCINAS WHEREAS, the City Council of the City of Carlsbad, California has determined that Hoehn Group, LLC, the property owner of Lot 16 of Map No. 10899, filed in the Office of the County Recorder of the County of San Diego on April 11, 1984, have filed an application to summarily vacate a waterline easement over portions of said property; and WHEREAS, on June 29, 1987, an easement was dedicated to the City of Carlsbad for water main and appurtenances purposes as Document No. 87-362719 of official records; and WHEREAS, the City of Carlsbad is the successor in interest to said water easement; and WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS, said water easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future water line purposes; 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 That the City Council finds that the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. 3. That the City Council hereby summarily vacates a water easement recorded on June 29, 1987 as Document No. 87-362719 over a portion of Lot 16 of Map No. 10899 located at 6800 Avenida Encinas. 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 Jan. 28, 2020 Item #6 Page 3 of 7 sake of clarity in Exhibit B (both attached hereto 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 Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. Jan. 28, 2020 Item #6 Page 4 of 7 EXHIBIT "A" LEGAL DESCRIPTION VACATION OF WATER EASEMENT VAC 2017-0006 That certain Partnership Grant Deed in the City of Carlsbad, County of San Diego, State of California recorded June 29, 1987 as Document No. 1987-362719 in the Office of the County Recorder of said San Diego County, more particularly described as follows: That portion of lot 16 of Carlsbad Tract No 81-5 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 10899, filed in the Office of the County Recorder of said San Diego County, April 11, 1984. COMMENCING at the north easterly corner of said Lot 16; thence South 89°58'20" West, along the northerly boundary of said Lot 16, a distance of 193.00 feet to the TRUE POINT OF BEGINNING; thence South 0°01 '14" East, perpendicular to said northerly boundary, 16.33 feet; thence North 89°58'20" East, parallel to said northerly boundary, 53.00 feet; thence South 0°01 '14" East, perpendicular to said northerly boundary, 10.00 feet; thence South 89°58'20" West parallel to said northerly boundary, 73.00 feet; thence North 0°01 '14" West, perpendicular to said northerly boundary, 26.33 feet to the northerly boundary of said Lot 16; thence North 89°58' 20" East, along said northerly boundary, 20.00' to the TRUE POINT OF BEGINNING. CONTAINING: 1,056 square feet more or less. EXHIBIT "B" attached hereto and by this reference made a part thereof. This description was prepared by me or under my direction. R. Duquette, PLS 66 Date cense expires 12/31/17 1 of 1 H:\PDATA\ 155029_Hoehn Porsche\CADD\Mapping\Proposed Quitclaim\From Temecula\ 155029/g/001.doc Jan. 28, 2020 Item #6 Page 5 of 7 EXHIBIT "B" VACATION OF WATER EASEMENT VAC 2017-0006 / VICINITY MAP 15 MAP NOT TO SCALE NO. 1 6 10899 JNTERSTATE 5 @ 1 2 3 4 5 [I) ~(TJ ~a' ' -.....J n:; C) -t.rj j:3'o• ;:·---[I)~ / " 8 I , Q.. I ,q .:J~ I -...r..----'3i~ 20. oo' I '?_1 I ~'-'.!/~ T.P.O.B. \ C)/ \ __ cy <§'lb---\ 3 ,ot.r5 ---~ /;?9:> ---' " !P DATA TABLE BEARING/DELTA RADIUS LENGTH S00°01 '14"E --16.33' N89°58'20"E --53 .00' S00°01 '14"E --10.00' S89°58'20"W --73.00' N00 O 0 1 ' 14" W --26.33' SHEET 1 OF 1 SHEETS '-. E 0 ll1 0 Ol I'- '-I'- '-CXJ a::: w z w ~ 0 > w a::: ' 0 \ ~ \ ~ N \ ~ 20. 00' \ 9, T.P.O.B. I ::5 I § I ~ I DETAIL NO SCALE / / / / I :::::ii: 0 a::: > :::::ii: <i: _J ~ 5 0 0 w (/) 0 0... 0 a::: ~ c., z 0... 0... <l'. 3-0 0 <l'. () / w :r: () VJ a::: 0 0... z :r: w 0 II Ol N 0 APN # 214-450-16 ~ PROJECT ID: SDP2017-0001 f RELATED PROJECT ID: <l'. Michael Baker INTERNATIONAL CDP2017-0005 ~ -----------------------------------I Jan. 28, 2020 Item #6 Page 6 of 7 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. 2020-023 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A WATER EASEMENT OVER A PORTION OF LOT 16 OF MAP NO. 10899 LOCATED AT 6800 AVENIDA ENCINAS 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 3rd day of Feb. 2020. HECTOR GOMEZ DEPUTY CITY CLERK (SEAL)