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HomeMy WebLinkAbout1998-08-04; City Council; Resolution 98-265* .I 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 a 0 RESOLUTION NO. 98-265 EXHIBIT 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SUMMARILY VACATING A SEWERLINE EASEMENT OVER A PORTION OF CARLSBAD CORPORATE CENTRE, CMWD PROJECT LOTS 7 AND 8 OF CARLSBAD TRACT 81-46, NO. 97-259 WHEREAS, Cornerstone Corporate Center, LLC, owner of the property, has submitted a request for vacation of a sewerline easement which was originally dedicated to the City of Carlsbad over a portion of Lots 7 and 8 of Carlsbad Tract 81-46, which was never utilized for the purpose for which it was granted and is not now nor is it contemplated to be needed for the purpose of sewerline installation; and WHEREAS, staff has reviewed the request and determined that the easement is not being utilized and that the master plan has no scheduled use fo this easement now or in the future; and WHEREAS, the City Council of the City of Carlsbad has determined it to be ir the public interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City c Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That , pursuant to Division 9, Part 3, Chapter 4 of the California Street ant Highways Code said sewerline easement over a portion of Lots 7 and 8 of Carlsbal Tract 81-46, Carlsbad Corporate Centre, CMWD Project No. 97-259, which wa never utilized for the purpose for which is was granted and is not now nor is contemplated to be needed for the purpose of sewerline installation, mor1 particularly described as Exhibit 2, be summarily vacated. " e 0 e 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 20 ~ 3. That the City Clerk is directed to record this resolution in the office of the County Recorder of San Diego County. 4. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes an easement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 4th day of August 7 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None MKUDE A. LEvIS;IFSlayor ATTEST: (SEAL) ... ... - ..... i ,: ~ ,. , . .,-. . +. -. - .. . L .......... ... .. 1 . -0 ........ .... : _a: _..__. :-._ ~.,- . " .. , " , z ... .. 4 r /'> ,a ............... ." -~ s... j : . ~, _7 __ ". - :-" r.= y . I. ..... ........ .... - ._ ............ -. :-.I L! ~ .. _i .. .. - ~ .. .. .. -. . ".,, . "" .. RECORDING REQUESTED BY: 8 1 7 $T>,: - ." =-:-; " _".-.":. " " ~ . .- ,- - " -. -.. , .. ..-: . : .. - _c .-, I L". "" L - :-1 " -= "- "". _- -:- .- Carlsbad City Clerk AND WHEN RECORDED MAIL TO: Carlsbad City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 j. , > .............. .-."*.-.- i. _-."_l_ ..... !:" .. 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": ._/: - ~.. - ........ .... - - - ..... .- - - ... -..___ .... ...... .... ;.. ; f" i.( 2 : , : I .., ......... .I.. , , . _. jj .;:. . . : ,< .._ .- nlrllrllllllrrllralllrll~~~~~~~~~~~llllllmlllllllllllsll~ , I RESOLUTION NO. 98-265 (Please fill in document title@) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additid recording fee applies) 6/94 R#.Fonn #R25 -. ’ *,I 0 81% 0 1 2 3 4 5 6 7 RESOLUTION NO. 98-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SUMMARILY VACATING A SEWERLINE EASEMENT OVER A PORTION OF LOTS 7 AND 8 OF CARLSBAD TRACT 81-46, CARLSBAD CORPORATE CENTRE, CMWD PROJECT NO. 97-259 WHEREAS, Cornerstone Corporate Center, LLC, owner of the propert 8 dedicated to the City of Carlsbad over a portion of Lots 7 and 8 of Carlsbac 9 submitted a request for vacation of a sewerline easement which was ori 10 81-46, which was never utilized for the purpose for which it was granted and ” /I now nor is it contemplated to be needed for the purpose of sewerline insta 12 13 I4 15 16 this easement now or in the future; and and WHEREAS, staff has reviewed the request and determined th; easement is not being utilized and that the master plan has no scheduled L 17 WHEREAS, the City Council of the City of Carlsbad has determined it tc 18 19 20 21 22 1. That the above recitations are true and correct. 23 2. That , pursuant to Division 9, Part 3, Chapter 4 of the California Stre 24 Highways Code said sewerline easement over a portion of Lots 7 and 8 of Ca 25 Tract 81-46, Carlsbad Corporate Centre, CMWD Project No. 97-259, whic 26 the public interest to vacate said easement. NOW; THEREF0R.E; BE IT RESOLVED: by the City Council of the 1 Carlsbad, California, as follows: never utilized for the purpose for which is was granted and is not now nc 27 /j contemplated to be needed for the purpose of sewerline installation, 28 ll particularly described as Exhibit 2, be summarily vacated. I1 1 ;j 0 8.: 9 0 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 3. That the City Clerk is directed to record this resolution in the office County Recorder of San Diego County. 4. From the date the resolution is recorded in the County Recorder’s the area vacated no longer constitutes an easement. PASSED, APPROVED, AND ADOPTED at a regular meellny 01 ~II Council of the City of Carlsbad held on the 4th day of August 79x, by the following vote, lo wit AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hal NOES: None ABSENT: None MKUEF A. LE@SyMa$or- ATTEST: (SEAL) .- . c, -. * 0 820 * . ,. STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. I, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, State California, hereby certify that 1 have compared the foregoing copy with the origi Resolution No. 98-265 assed and adopted by said City Council, at regular meeting thereof, at the time and by the vote therein stated, which origi is now on file in the office of the City Clerk: that the same contains a full, true E correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this August 7 , 19 9. y Clerk u (SEAL)