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HomeMy WebLinkAbout2007-04-24; City Council; Resolution 2007-0871 RESOLUTION NO. 2007-087 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING ON LOTS 28-31, 41, 48-50, AND 52-59 OF CT 76-03 AN IRRIGATION AND 4 LANDSCAPE MAINTENANCE EASEMENT AS DEDICATED PER CT 76-03, COUNTY MAP NO. 8583, AND SUMMARILY VACATING 5 ON LOTS 28-31, 40, 41, 48-50, 52-59 AND 89-100 OF CT 76-03, COUNTY MAP NO. 8583 A PUBLIC UTILITY AND TREE PLANTING 6 EASEMENT AS DEDICATED ON CT 72-20. MAP NO. 7950. 7 WHEREAS, the City of Carlsbad has requested a summary vacation of an irrigation and 8 landscape maintenance easement over lots 28-31, 41, 48-50, and 52-59 of CT 76-03 as dedicated per CT 76-03, County Map No. 8583 and a summary vacation of a public utility and tree planting 10 easement over lots 28-31, 40, 41, 48-50, 52-59 and 89-100 of CT 76-03, County Map No. 8583, as dedicated on CT 72-20, Map No. 7950; and 12 WHEREAS, said easements are defined as public service easements per Section 8306 of the California Streets and Highways Code; and WHEREAS, said public service easements have not been used for the purpose for 15 which they were acquired for five consecutive years and are not now, nor are they contemplated to 16 be, needed for landscaping, irrigation, tree planting, public utility and maintenance purposes or 17 water facility purposes in the future. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 19 California, as follows: on 1. That the above recitations are true and correct. 21 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 22 Highway Code, said public service easements more particularly described in Exhibit A of 23 PR 07-36, and shown for the sake of clarity in Exhibit B of PR 07-36, be summarily vacated. 24 3. The City Clerk is directed to record this resolution, the attached legal descriptions 25 and plats in the Office of the County Recorder of San Diego County. 26 4. From the date the resolution is recorded in the County Recorder's office, the area 27 vacated no longer constitutes a public service easement. 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of April 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard NOES: None ABSENT: None L / ORRAIN^iyi. WOOD, Ci (SEAL) 0 -fa EXHIBIT A PR 07-36 Parcel A All that portion of Lots 28 through 31, 40, 41, 48 50, 52 through 59 and 89 through 100 of Carlsbad Tract No. 76-03, La Costa Vale Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8583, filed in the Office of the County Recorder of San Diego County, May 25, 1977, more particularly described as follows: An easement for 10 foot public utilities and tree planting purposes dedicated on Carlsbad Tract No. 72-20, La Costa Vale Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, field in the Office of the County Recorder of San Diego County, June 3, 1974. Parcel B All that portion of Lots 28 through 31, 41, 48 through 50, and 52 through 59 of Carlsbad Tract No. 76-03, La Costa Vale Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8583, filed in the Office of the County Recorder of San Diego County, May 25, 1977, more particularly described as follows: An easement for irrigation and landscape maintenance purposes dedicated per Carlsbad Tract 76-03, La Costa Vale Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8583, filed in the Office of the County Recorder of San Diego County, May 25, 1977. EXHIBIT "B 55 LEGEND: EASEMENT FOR IRRIGATION & LANDSCAPE MAINTENANCE PURPOSES DEDICATED PER CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4) PER MAP NO. 8583 W PUBLIC UTILITY & TREE PLANTING EASEMENT DEDICATED ON CARLSBAD TRACT NO. 72-20 (LA COSTA VALE UNIT NO. 3) PER MAP NO. 7950 APPLICANT: CITY OF CARLSBAD SHEET 1 OF 3 PROJECT NAME VACATION OF EASEMENTS FRONTING PREVIOUS RANCHO SANTA FE RD. PROJECT NUMBER PR07-36 DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING D£PT. 3/26/07 C: \OEVGOPWENr PROJECTS\PR\PR07-X.DHG 35 r^ 5?EXHIBIT B LEGEND: EASEMENT FOR IRRIGATION & LANDSCAPE MAINTENANCE PURPOSES DEDICATED PER CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4) PER MAP NO. 8583 10' PUBLIC UTILITY & TREE PLANTING EASEMENT DEDICATED ON CARLSBAD TRACT NO. 72-20 (LA COSTA VALE UNIT NO. 3) PER MAP NO. 7950 APPLICANT: CITY OF CARLSBAD SHEET 2 OF 3 PROJECT NAME VACATION OF EASEMENTS FRONTING PREVIOUS RANCHO SANTA FE RD. PROJECT NUMBER PR07-36 DRAW Btf scorr EVANS, CARLSBAD ENGINEERING DEPT. 3/26/07 c \OEVELOPUENT pROjrc7s\pR\w?o7-J6.oms EXHIBIT "B \ LEGEND: EASEMENT FOR IRRIGATION & LANDSCAPE MAINTENANCE PURPOSES DEDICATED PER CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4) PER MAP NO. 8583 W PUBLIC UTILITY & TREE PLANTING EASEMENT DEDICATED ON CARLSBAD TRACT NO. 72-20 (LA COSTA VALE UNIT NO. 3) PER MAP NO. 7950 APPLICANT: CITY OF CARLSBAD SHEET 3 OF 3 PROJECT NAME VACATION OF EASEMENTS FRONTING PREVIOUS RANCHO SANTA FE RD. PROJECT NUMBER PR07-36 DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING D£PT. 3/26/07 C:\DEVEICPUENTPROJECTS\PR\PR07-X.DWG STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy 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. 2007-087: SUMMARILY VACATING ON LOTS 28-31. 41. 48-50. AND 52-59 OF CT 76-03 AN IRRIGATION AND LANDSCAPE MAINTENANCE EASEMENT AS DEDICATED PER CT 76-03. COUNTY MAP NO. 8583. AND SUMMARILY VACATING ON LOTS 28-31. 40. 41. 48-50. 52-59. AND 89-100 OF CT 76-03. COUNTY MAP NO. 8583. A PUBLIC UTILITY AND TREE PLANTING EASEMENT AS DEDICATED ON CT 72-20. MAP NO. 7950 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 24th day of April, 2007 CRRY FRE^SINGER )EPUTY CRERK (SEAL)