HomeMy WebLinkAbout2003-01-14; City Council; Resolution 2003-009.
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RESOLUTION NO. 2003-009
RESOLUTION TO SUMMARILY VACATE TWO GRANT
DEEDS OF EASEMENT FOR PUBLIC STREET AND PUBLIC
UTILITY PURPOSES AND TWO GRANT DEEDS OF
EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES
{STV 02-02), CT 99-04.
WHEREAS, Real Estate Collateral Management Company, a Delaware corporation,
ras submitted an application to summarily vacate two public street and public utility easements
md two temporary construction easements; and
WHEREAS, the easements were originally recorded with the Office of the County
3ecorder as document numbers 2002-0220021, 2002-0220022, 2002-0258807, and 2002-
1258808.
WHEREAS, the original easements allowed for the grantor to request the summary
racation of said easements upon granting of additional right-of-way and completion of certain
oadway improvements as shown on tentative map of Carlsbad Tract CT 99-04 and City Drawing
qo. 397-1; and
WHEREAS, the right-of-way dedication and roadway improvements required to be
:ompleted by the original easement documents, prior to applicant requesting a summary vacation
If said easements, has been completed; and
WHEREAS, the City Engineer has determined that the easements are not needed for
)resent or future street or utility purposes; and
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
md is consistent with the General Plan of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
=alifornia, as follows:
1. That the above recitations are true and correct.
2. It is said Council’s intention to summarily vacate the four grant deeds of easement
previously granted to the City and recorded in the Office of the County Recorder as document
numbers 2002-0220021 , 2002-0220022,2002-0258807, and 2002-0258808.
3. That, pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highways Code, said easements more particularly described in Exhibits A, and shown for the
sake of clarity on Exhibits B, be summarily vacated.
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4. That the City Clerk is directed to record this resolution in the Office of the County
Recorder of San Diego County.
5. From the date the resolution is recorded in the County Recorder’s Office, the areas
vacated no longer constitute a temporary construction easement or an easement for public street
and public utility purposes.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 14th day of JANUARY , 2003 by the following vote, to wit:
AYES: Council Members Lewis , Finnila, Kulchin, Hall, Packard
NOES: None
I I ATTEST:
A
(SEAL)
Page 2 of 2 of Resolution No. 2003-009
EXHIBIT “A”
LEGAL DESCRIPTION
SUMMARY STREET VACATION
ENGINEERING DEPARTMEFIT
PARCEL “A” - APN 223-050-67
ALL OF THAT EASEMENT FOR PUBLIC STREET AND UTILITY IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL
“B” IN GRANT DEED OF EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO.
2002-0220021, OF OFFICIAL RECORDS
CONTAINING 0.539 ACRES, MORE OR LESS.
PARCEL “B” - APN 223-050-68
ALL OF THAT EASEMENT FOR PUBLIC STREET AND UTILITY IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL
“B” IN GRANT DEED OF EASEMENT RECORDED MARCH 27,2002 AS DOCUMENT NO.
2002-0258807, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE SOUTHERLY INTERSECTION OF THE CENTERLINES OF PASEO
LUPIN0 AND RANCHO SANTA FE ROAD,126.00 FEET WIDE, DESCRIBED AS POINT “B IN
SAID GRANT DEED OF EASEMENT; THENCE NORTHERLY ALONG SAID CENTERLINE OF
PASEO LUPIN0 AND CENTERLINE OF A 60.00 FOOT WIDE STRIP AS DESCRIBED IN
SAID PARCEL “B OF SAID GRANT DEED OF EASEMENT; THENCE NORTH 10’11’30”
WEST, 273.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
CENTERLINE SOUTH 79’48’30” WEST, 30.00 FEET; TO THE POINT OF TERMINUS.
CONTAINING 0.346 ACRES, MORE OR LESS.
PAGE 1 OF 2
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PARCEL “Cy’ - APN 223-050-68
ALL OF THAT TEMPORARY CONSTRUCTION EASEMENT IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL “B” IN GRANT
DEED OF EASEMENT RECORDED MARCH 27,2002 AS DOCUMENT NO. 2002-0258808,
OF OFFICIAL RECORDS:
CONTAINING 1.408 ACRES, MORE OR LESS.
PARCEL “D” - APN 223-050-67
ALL OF THAT TEMPORARY CONSTRUCTION EASEMENT IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS PARCEL “B IN GRANT
DEED OF EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022,
OF OFFICIAL RECORDS:
CONTAINING 2.038 ACRES, MORE OR LESS.
DAVID W. AMBLER L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2
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WO 2352-12 8/29/02 b
STREET VACATION PLAT - CIN OF CARLSB4D
223-050-67, 68