HomeMy WebLinkAbout2005-05-17; City Council; Resolution 2005-1551
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RESOLUTION NO. 2005-1 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION
OF A PORTION OF AN EXISTING DRAINAGE EASEMENT
WITHIN LOT 9 OF CARLSBAD TRACT NO. 79-27. PR 05-40.
WHEREAS, on July 30, 1981, Carlsbad Tract CT 79-27 was recorded as Map No. 10161;
and
WHEREAS, a drainage easement was granted to, and accepted by, the City on said
map; and
WHEREAS, on July 15, 1985, a grant deed for drainage purposes was recorded realigning
a portion of said existing drainage easement; and
WHEREAS, new drainage facilities were constructed within the realigned easement; and
WHEREAS, the City Engineer has determined that the excess drainage easement is not
required for present or future drainage purposes; and
WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
WHEREAS, the vacation of this portion of the drainage easement will result in
approximately 580 square feet of land being returned to the tax rolls; and
WHEREAS, there have been no drainage facilities since 1985 within the area to be
vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways
Code, said drainage easement, more particularly described in Exhibit A, and shown for the sake
of clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution in the Office of the County
Recorder of San Diego County.
Ill
Ill
IN
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4. From the date the resolution is recorded in the County Recorder’s office, the area
ilacated no longer constitutes a public drainage easement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
7eld on the 17th day of May , 2005 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
ZLAUDE A. LE
MATT HALL, Mayor Pro-Tem
4TTEST ,
-0RRAlNE M. WOOD, CitfClerk (SEAL)
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EXH I B IT "A"
LEGAL DESCRIPTION
A PORTION OF THAT 12-FOOT DRAINAGE EASEMENT IN LOT 9 OF
CARLSBAD TRACT NO. 79-27, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED AND ACCEPTED PER
MAP THEREOF NO. 10161, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, JULY 30, 1981, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 9, SOUTH 0°48'40" WEST 64.13
FEET; THENCE SOUTH 4Oo10'13'' EAST, 142.88 FEET; THENCE SOUTH
OO48'40" WEST, 11.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 69O33'38" WEST, 6.44 FEET; THENCE SOUTH OO48'40" WEST, 34.81
FEET; THENCE SOUTH 27O29'23" EAST, 25.31 FEET; THENCE NORTH
OO48'40" EAST, 61 -76 FEET; THENCE SOUTH 69O33'38'' WEST, 6.44 FEET TO
THE TRUE POINT OF BEGINNING.
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SUMMARY VACATION OF DRAINAGE EASEMENT
PROJECT NAME PROJECT EXHIBIT NUMBER
PR05-40 B
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC # 2005-0427090 ! llllllll Ill lllll1111111111111111111111111 lllll11111111111lll1 Ill1 1111
MAY 20,2005 8:17 AM
UFFlClAL RECORDS 5AN DlEGU CUlJFlTY RECURDER'S OFFICE GREGUR'r' J :SMITH, CUUFdTY RECORDER
PAGE 5 6 FEES n on
I 111111 Ulll UlllU11111111 Ulll1111 Ill11 UlllU111 Ill11 Ill11 1111 Ill11 Ill1 IYI
~~~~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Resolution
2005-1 55
\County RecorderNecorder Cover Sheet.doc
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RESOLUTION NO. 2005-1 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION
OF A PORTION OF AN EXISTING DRAINAGE EASEMENT
WITHIN LOT 9 OF CARLSBAD TRACT NO. 79-27. PR 05-40.
WHEREAS, on July 30, 1981, Carlsbad Tract CT 79-27 was recorded as Map No. 10161;
and
WHEREAS, a drainage easement was granted to, and accepted by, the City on said
map; and
WHEREAS, on July 15, 1985, a grant deed for drainage purposes was recorded realigning
a portion of said existing drainage easement; and
WHEREAS, new drainage facilities were constructed within the realigned easement; and
WHEREAS, the City Engineer has determined that the excess drainage easement is not
required for present or future drainage purposes; and
WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
WHEREAS, the vacation of this portion of the drainage easement will result in
approximately 580 square feet of land being returned to the tax rolls; and
WHEREAS, there have been no drainage facilities since 1985 within the area to be
vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways
Code, said drainage easement, more particularly described in Exhibit A, and shown for the sake
of clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution in the Office of the County
Recorder of San Diego County.
It/
ltl
ltl
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4. From the date the resolution is recorded in the County Recorder’s office, the area
vacated no longer constitutes a public drainage easement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 17th day of May , 2005 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
CLAUDE A. LE
MATT HALL, Mayor Pro-Tern
.,
LORRAINE M. WOOD, Cityxlerk (SEAL)
EXH l BIT "A1
LEGAL DESCRIPTION
A PORTION OF THAT 12-FOOT DRAINAGE EASEMENT IN LOT 9 OF
CARLSBAD TRACT NO. 79-27, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED AND ACCEPTED PER
MAP THEREOF NO. 10161, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, JULY 30,1981, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 9, SOUTH 0°48'40" WEST 64.13
FEET; THENCE SOUTH 40°10'13" EAST, 142.88 FEET; THENCE SOUTH
OO48'40" WEST, 11.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 69O33'38" WEST, 6.44 FEET; THENCE SOUTH OO48'40" WEST, 34.81
FEET; THENCE SOUTH 27O29'23" EAST, 25.31 FEET; THENCE NORTH
OO48'40" EAST, 61.76 FEET; THENCE SOUTH 69O33'38" WEST, 6.44 FEET TO
THE TRUE POINT OF BEGINNING.
LOCATI 0 N MAP
1
MARRON ROAD
NOT TO SCALE
PROJECT EXHIBIT
B SUMMARY VACATION OF NUMBER PROJECT NAME
DRAINAGE EASEMENT PR05-40
DRAW BY: SCOTT EVANS CARLSBAD ENG'NENNG DEPT. 4/12/05 (1: \DMLWMENT PRCUECrS\PR\PROS-rO.DW
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Karen R. Kundtz, Assistant 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. 2005-155, which original Resolution is
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 19th day of May,
2005.
ASSISTANT CITY CLERY
(SEAL)