HomeMy WebLinkAbout2007-10-01; City Council; Resolution 2007-252DOC# 2007-0636679
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RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
OCT01,2007 12:49 PM
OFFICIAL RECORDS
CAN DIEiin CHUNTY RECORDER'S OFFICE
G F! E G 0 RY J SMITH.. CO U N T Y R E CO R D E R
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PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2007-252
Vacating a Water Pipeline and Storm Drain Easement at
3965 Monroe Street and 4001 and 4015 Sunnyhill Drive.
AB 19,177-9/25/07
1
RESOLUTION NO. 2007-252
2.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, VACATING A WATER PIPELINE
AND STORM DRAIN EASEMENT AT 3965 MONROE STREET
4 AND 4001 AND 4015 SUNNYHILL DRIVE.
5 WHEREAS, Thomas R. Sears and Wendy R. Sears, husband and wife as joint tenants,
have submitted a request to summarily vacate a water pipeline and storm drain easement on
property at 3965 Monroe Street and 4001 and 4015 Sunnyhill Drive; and
8 WHEREAS, said water pipeline and storm drain easement is defined as a public service
easement per Section 8306 of the California Streets and Highways Code; and
1 ° WHEREAS, said public service easement has not been used for the purpose for which
they were acquired for five consecutive years and are not now, nor are they contemplated to be,
needed for water pipeline or storm drain facility purposes in the future; and
13 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
14 interest to summarily vacate said public service easement.
15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
16 California, as follows:
17 1. That the above recitations are true and correct.
18 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
19 Highway Code, said public service easement, more particularly described in Exhibit A and shown
20 for the sake of clarity in Exhibit B, shall be summarily vacated.
21 3. The City Clerk is directed to record this resolution, the attached legal description
22 and plat in the Office of the County Recorder of San Diego County.
23 4. From the date the resolution is recorded in the County Recorder's office, the area
24 vacated no longer constitutes a public service easement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 25th day of September, 2007, by the following vote to wit:
AYES: Council Members Lewis, Hall and Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
LjORRAINETM.
j^SEAL) w
PR 07-44
EXHIBIT "A"
AN EASEMENT AND RIGHTS AT ANY TIME, OR FROM TIME TO TIME, TO
CONSTRUCT, MAINTAIN, OPERATE, REPLACE, REMOVE, AND RENEW WATER
PIPELINES, STORM DRAINS AND APPURTENANT STRUCTURES OVER THE
FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF ALDER AVENUE VACATED BY CITY OF CARLSBAD
RESOLUTION NO. 2008, IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA,
ACCORDING TO FILE/PAGE 131071, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 24, 1972, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT E, AS SHOWN ON
CARLSBAD MANOR, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6503, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 14, 1969; THENCE NORTH 26°11'00" EAST ALONG THE WESTERLY
BOUNDARY OF ALDER AVENUE A DISTANCE OF 159.44 FEET TO THE
BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF LAST SAID
CURVE THROUGH A CENTRAL ANGLE OF 16°07'31" A DISTANCE OF 7.04 FEET
TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 79°56'31" EAST;
THENCE SOUTH 8°49'00" EAST 185.61 FEET TO A POINT ON THE ARC OF A 25.00
FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 81°11'00" EAST; THENCE NORTHWESTERLY ALONG THE
ARC OF LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 145°00'00" A
DISTANCE OF 63.27 FEET TO A POINT OF TANGENCY; THENCE NORTH
63°49'00" WEST ALONG THE SOUTHERLY BOUNDARY OF ALDER AVENUE A
DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 8,521 SQ. FT. PLUS OR MINUS
JN07-228
PR 0744
EXHIBIT "B"D = 16'07'31'x
PARCEL 1 « = f-°°FTT
PARCEL MAP NO. 11302 L ~ /lU4 h '
A.P.N. 207-061-17
S 79*56'31' E
VICINITY MAP
PUBUC EASEMENT
P.O.B. THE NORTHWEST
CORNER LOTE
PARCEL 2
PARCEL MAP NO. 11302
A.P.N. 207-061-24
1.207-061-54
SURVEY NC
PLAT PREPARED BY:
QUICK SURVEY
1017 EUCALYPTUS WOODS RD.
SAN MACROS, CA 92069
(760) 525-0694 OFFICE
(760) 471-4518 FAX
MICHAEL THOMPSON, P.L/S. 5706 DATE
CITY OF CARLSBAD
WATER PIPELINE & STORM DRAIN EASEMENT VACATION
4015 SUNNYHILL DRIVE
CARLSBAD, CA. 92008
FILE/PAGE NO. 131071, BOOK 1972, REC. 5/24/72
PLAT PREPARED FOR:
TOM SEARS
1387 CYNTH/A LANE
CARLSBAD, CA 92008
CELL: (760) 390-5952
FAX: (760) 720-9682
JN 07-228
A.P.N. 207-061-54
RECORD OF SURVEY
NO. 18767
P.M. NO. 14442
T.B.1106-H6
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. 2007-252. VACATING A WATER PIPELINE AND
STORM DRAIN EASEMENT AT 3965 MONROE STREET AND 4001 AND 4015
SUNNYHILL DRIVE 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 26th day of
September, 2007.
ERRY
EPUTY
(SEAL)