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HomeMy WebLinkAbout2010-04-27; City Council; CS-085; Amend CMC Title 18 Ch 18.40 Sec 18.40.030a...1 ORDINANCE NO. CS-085 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 3 18.40 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF SECTION 18.40.030 TO ALLOW LIENS AND 4 ENCUMBRANCES TO BE SUBORDINATED WHEN RIGHTS-OF- WAY ARE PROVIDED. 5 6 The City Council of the City of Carlsbad, California, hereby ordains as follows: 7 That Title 18, Chapter 18.40, Section 18.40.030(a) of the Carlsbad Municipal Code is 8 amended to read as follows: g "18.40.030(a) Dedications required (a) Any person who constructs or causes to be constructed any building in the IQ city shall have provided by means of an irrevocable offer of dedication, grant of easement or other appropriate conveyance, as approved by the city attorney, the 11 rights-of-way necessary for the construction of any street, highway, or alley as shown on the circulation element of the general plan, any applicable specific plans, 12 or as otherwise required by the city engineer in accord with an established street system or plan. Rights-of-way shall also be provided for any improvements to 13 existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and 14 all liens and encumbrances shall be removed or subordinated to the City's interests." 15 16 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and 17 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in 18 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 4- 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of April, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of April, 2010 by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: Mayor Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWpMayo Ann J. Kulchin, Mayor Pro Tern ATTEST: LORFtAtNE Karen R. Kundtz, Assistant City Clerk (SEAL) CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NOS. CS-084, CS-085 CS-086 CS-087 and CS-088 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088 are to be considered at the City Council Meeting to be held on the 27th day of April, 2010. 2.) That a certified copy of the full text of Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088 was posted in the City Clerk's Office on the 21st day of April, 2010. 3.) That a summary of the Ordinances were published in the North County Times, on the 22nd day of April, 2010. MORGEN FRY, eputrk Dated: C 0 ..... 0 ,„ (Seal) 4**•••9r _ • o HERRY Deputy Clerk Certification of Posting and Publication of Ordinance Nos. CS-084 through CS-088 Page 2 4.) That Ordinance Nos. CS-084 through CS-088 was adopted on the 27thth day of April, 2010. 5.) That a certified copy of the full text of Ordinance Nos. CS-084 through CS-088, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 7th day of May, 2010. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News, on the 7th day of May, 2010. Dated: May 7, 2010 (Seal)