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Home My WebLink About2019-06-11; City Council; Resolution 2019-076RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2019-0301546 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Jul 24, 2019 02:23 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0 00 (S82 Atkins $0.00) PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2019-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PIPELINE EASEMENT OVER LOTS 9, 10, 12, 14 THRU 17, AND 22 OF MAP NO. 16091, LOCATED AT ROBERTSON RANCH WEST VILLAGE. CASE NAME: ROBERTSON RANCH WEST VILLAGE; CASE NO.: VAC 2019-0004 June 11, 2019 Item #4 Page 4 of 11 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. 2019-076 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PIPELINE EASEMENT OVER LOTS 9, 10, 12, 14 THRU 17, AND 22 OF MAP NO. 16091, LOCATED AT ROBERTSON RANCH WEST VILLAGE. CASE NAME: ROBERTSON RANCH WEST VILLAGE; CASE NO.: VAC 2019-0004 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. ~ HECTOR GOMEZ DEPUTY CITY CLERK (SEAL) June 11, 2019 Item #4 Page 5 of 11 RESOLUTION NO. 2019-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PIPELINE EASEMENT OVER LOTS 9, 10, 12, 14 THRU 17, AND 22 OF MAP NO. 16091, LOCATED AT ROBERTSON RANCH WEST VILLAGE CASE NAME: CASE NO.: ROBERTSON RANCH WEST VILLAGE VAC 2019-0004 WHEREAS, the City Council of the City of Carlsbad, California has determined that Patrick R. Bitner and Ruthjoy R. Bitner, the property owners of Lot 9, Justin Levy and Michelle Levy, the property owners of Lot 10, Jordan Racey and Phany S. Racey, the property owners of Lot 12, Charles Luna and Carolyn Luna, the property owners of Lot 14, Eric Watanabe and Tanya A. Watanabe, the property owners of Lot 15, Annette L. Peer, the property owner of Lot 16, Ryan W. Tedder, Melissa L. Tedder, Pennylee L. Vasconcellos, and Robert J. Vasconcellos, the property owners of Lot 17, and John H. Briery and Kathleen A. Briery, the property owners of Lot 22 of Carlsbad Tract No. 13-03, Map No. 16091 filed in the Office of the County Recorder of the County of San Diego on February 2, 2016, has filed an application to summarily vacate a portion of a pipeline easement over both properties; and WHEREAS, on July 11, 1930, an easement was dedicated to Oceanside Mutual Water Company for pipeline purposes recorded in Book 1796 of Deeds, Page 142; and WHEREAS, the City of Carlsbad is the successor in interest to said pipeline easement; and WHEREAS, the City Council adopted Resolution 2014-041 approving the Robertson Ranch West Village development where waterlines that were previously located in said pipeline easement have been relocated within new public streets and easements; and WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California Streets and Highways Code; and WHEREAS, said pipeline 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 pipeline 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: June 11, 2019 Item #4 Page 6 of 11 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 pipeline easement over Lots 9, 10, 12, 14 thru 17, and 22 of Map No. 16091, recorded February 2, 2016 as Doc. No. 2016- 7000051 of Official Records filed in the Office of the County Recorder of the County of San Diego, located at 3433, 3437, 3441, 3442, 3445, and 3454 Trailblazer Way and 3445 and 3449 Glen Avenue. 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 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. ~ ~uf BARBARA ENGLESON, City Clerk (SEAL) June 11, 2019 Item #4 Page 7 of 11 EXHIBIT "A" LEGAL DESCRIPTION VACATION PIPELINE EASEMENT VAC 2019-0004 March 13, 2019 J .N.: 101307-3 PAGE 1 OF 1 THAT PORTION OF THE PIPELINE EASEMENT IN FAVOR OF OCEANSIDE MUTUAL WATER COMPANY (ACQUIRED BY CARLSBAD MUNICIPAL WATER DISTRICT AS SUCCESSOR IN INTEREST) RECORDED JULY 11, 193 0 IN BOOK 1796 OF DEEDS, PAGE 142 OF OFFICIAL RECORDS, WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY: LOTS 9, 10, 12, 14-17 AND 22 OF MAP 16091 RECORDED FEBRUARY 2, 2016 AS FILE NO. 2016-7000051 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. G:\101307\Parcels\Waterline Quitclaim-PA13.doc June 11, 2019 Item #4 Page 8 of 11 . ' LEGAL DESCRIPTION PORTIONS OF LOTS 9, 10, 12, 1-f; 15, 16, 11, ANO 22 OF AIAP 16091 RECOROEO FEB. 2, 2016 AS RLE NO. 2016-7000051,· AFFECTED LOTS LOT APN i LOT 9 168-380-30 LOT 10 168-380-31 LOT 12 168-380-33 LOT 14 168-380-35 LOT 15 168-380-36 LOT 16 168-380-37 LOT 17 168-380-38 LOT 22 168-380-43 2710 Loker Ave. W. 760-931-7700 Suite 100 fax: Carlsbad. CA 760-931-8680 92010 PACIFIC OCEAN EXHIBIT "B" BUSINESS PARK DR. VICINITY NAP NO SCALE OAT£: AIARCH 15, 2019 APPLICANT• PIPELINE EASEMENT VACATION 1-------""---'--="--'"--'-=....a...::..:•'---+-------------r-------------1 SHEET 1 OF 2 SHEETS TOLL BROTHERS VAC 2019-0004 G: 101307 Plats Waterline Quitclaim-West.dwg Apr 08, 2019 7: 46am Xrefs: 1007BMAP; 1007 AMAP June 11, 2019 Item #4 Page 9 of 11 LEGEND ----SUBDl'AS/04/ BOIJNDARY LOTllNE Vz;) AREA OF VACATION PIPELINE EASEMENT TO OCEANSIDE MUTUAL WATER----- COMPANY (ACQUIRED BY CITY OF CARLSBAD AS SUCCESSOR IN INTEREST) BK. 1796 / PG.142 REC JUL Y 11, I 930 MAPNQ 16092 / / / / / / / / / / ....._/ / V',, / CRANT DEED REC. 5/11/2009 AS F/N 2009-0247694 / / J . x ...... 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 EXHIBIT "8" LOT 4 MAP 15608 APN 168-360-04 LOT 22 SCALE: 1 • = 1 oo· DATE: MARCH 15, 2019 APPLICANT: PIPELINE EASEMENT VACATION --____a...=---a.-=-=-~.=..;..a..-=---+-----------r--------------1 SHEET 2 OF 2 SHEETS /2,Vld!.,/J~~ Y/4)2 VAC 2019-0004 GEORGlUovAY () l R.C.£ 3201,f. TOLL BROTHERS am June 11, 2019 Item #4 Page 10 of 11