HomeMy WebLinkAbout2007-12-18; City Council; Resolution 2007-316DOC# 2008-0071209
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
FEB12, 2008 9:56 AM
OFFICIAL RECORDS
oAN DIEGO COUNTY RECORDER'S OFFICE
G Fi E G 0 RY J SMITH, CO Ij N T Y R E CO R D E R
FEES: 0.00
PAGES:
Ilil!
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2007-316
Summarily Vacating a Public Drainage Easement Over
A Portion of APN 205-051-08; PR 07-117
(Public Drainage Easement Recorded as 2002-0717026)
Re-record to correct Document No. 2007-0790598 of
December 24, 2007.
An incorrect cover page was attached to the Resolution.
AB #19,258
12/18/07
8
9044
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. 2007-316. SUMMARILY VACATING A PUBLIC SEWER
AND ACCESS EASEMENT OVER A PORTION OF APN 209-060-10. PR 07-96. 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 19th day of
December, 2007.
fiHERRyFREISINGERA
/DEPUrrCLERK
(SEAL)
9045
RESOLUTION NO. 2007-316
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC
SEWER AND ACCESS EASEMENT OVER A PORTION OF
4 APN 209-060-10. PR 07-96.
5 WHEREAS, Rancho Carlsbad Partners, a California general partnership has submitted
6 a request to vacate an existing public sewer and access easement recorded as document
no. 2007-0479013 recorded July 17, 2007; and
WHEREAS, said easement is defined as public service easement per Section 8306 of8
the California Streets and Highways Code; and
9 WHEREAS, this easement has been superseded by relocation; and
WHEREAS, said easement is no longer utilized for the purpose for which it was granted
1 1 and is not now, nor is it contemplated to be needed in the future; and
12 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,14
California, as follows:
15 1 . That the above recitations are true and correct.
2. That the public sewer and access easement recorded as document no.
17 2007-0479013, recorded July 17, 2007, that is more particularly described in Exhibit A and shown
18 for the sake of clarity in Exhibit B, is summarily vacated per Sections 8335 and 8336 of the
1Q California Streets and Highways Code.
3. That the City Clerk is directed to record this resolution, the attached legal
20
description and plat in the Office of the County Recorder of San Diego County.
21 4. That upon recordation of this Resolution at the County Recorders, this easement
22 no longer constitutes a public service easement.
23 ///
24 ///
25 ///
26 ///
27 ///
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
9046
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of December, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
OJD~E A LEWIS, Mayor
ATTEST:
L6RRAI
&EAL)
9047,*
August 22, 2007
J.N.: 05-1155
PAGE 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION
QUITCLAIM
SEWER EASEMENT
PR 07-96
THE EASEMENT FOR PUBLIC SEWER AND ACCESS PURPOSES, GRANTED TO
THE CITY OF CARLSBAD, RECORDED JULY 17, 2007 AS DOCUMENT NO.
2007-0479013 OF OFFICIAL RECORDS.
O:\Legal_Descriptions\051155\Sewer Quitclaim.Igl.doc
..v- ?•.,.?' . •"* *
\-.*f-
^'*-X ••;'^->.
Vs
**#•
EASEMENT DA
P
/
2
3
4
5
6
7
8
9
10
11
12
17
BEARING
N 19"23'00" E
N 0614'51" W
N13'32'35" E
N 55"59'51" E
N 2T49'OrE
S6210'53" E
S 27-49'Or W
S 55-59'51" W
S 13'32'35" W
S0614'51" E
S 19"23'00" W
N 64V2'22" W
U 7/J*T/)'W7" U/
RADIUS
TA
LENGTH
22.11'
33.70'
211.05'
229.07'
6.99'
20.00'
12.01'
226.32'
199.80'
34.76'
27.88'
10.53'
a GA'
9048
APN
209-060-10
PARCEL D
ADJ. PLAT 05-14
P.O.B.
T.P.O.B.
POINT OF
BEGINNING
TRUE POINT OF
BEGINNING
OF QUITCIAIM
BASIS OF BEARINGS:
EAST LINE OF RECORD OF SURVEY
17348, I.E. N20?0'08'E
PORTION OF PARCEL D, ADJ. PLAT
05-14 RECORDED 3-27-07 AS
FILE NO. 2007-0205890.
'// SDG&EESMT
iJt^^BK 7787PG75
1,1 REC. 7-23-59
60'WIDE ROADWAYESMT
BOOK 7771, PAGE 15 0/R
REC. 7-15-59
PARCEL D
ADJ PLAr
NO. 06-14
SCALE: 1" = 100'
WASTEWATER PIPELINE EASEMENT
PER DOC. 2001-0221300
REC. APRIL 11, 2001
cnr or (Muni
vrcmrrrMAP
HOSUI£
SEWER EASEMENT QUITCLAIM
**n*>
OWf J //
R.C.E. 32014 t/P.12/31/08
EXHIBIT B
PR 07-96
APN 206-060-10
SHEET 1 OF 1 SHEETS
c a N s u L T T s
2710 Loker Ave. W.
Suite 100
Carlsbad, CA
92010
760-931-7700
Fax:
760-931-8680
G:\051155\0555PEMT-QUITCLAIM.dwg Oct 10, 2007 11:53am
Xrefs: 0555MAP; 0555MAP-PLAT
9050
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DGC# 2007-0790599
DEC 24, 2007 3:20 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,!. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2007-316
Summarily Vacating a Public Sewer and Access Easement
Over a Portion of APN 209-060-10; PR 07-96
(Access Easement Recorded as 2007-0479013)
AB#19, 255
12/18/07
9051
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. 2007-319. SUMMARILY VACATING A PUBLIC
DRAINAGE EASEMENT OVER A PORTION OF APN 205-051-08. PR 07-117. 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 19th day of
December, 2007.
SHERRY/HREISING
iEPUTYCLERK
(SEAL)
9052
RESOLUTION NO. 2007-319
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC
DRAINAGE EASEMENT OVER A PORTION OF APN 205-051-08,
4 PR 07-117.
WHEREAS, the property owner, Carol Pearson, has submitted a request to vacate
6 an existing public drainage easement recorded as document no. 2002-0717026 on August 23,
7 2002 in the Office of the County Recorder of San Diego County; and
WHEREAS, said easement is defined as a public service easement per Section 8306 of8
the California Streets and Highways Code; and
9 WHEREAS, this easement has been superseded by relocation; and
WHEREAS, said easement is no longer utilized for the purpose for which it was granted
11 and is not now, nor is it contemplated to be needed in the future; and
12 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
^ 3 interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,14
California, as follows:
15 1. That the above recitations are true and correct.
2. That the public drainage easement recorded as document no. 2002-0717026 on
17 August 23, 2002 in the Office of the County Recorder of San Diego County that is more particularly
18 described in Exhibit A and shown for the sake of clarity in Exhibit B is summarily vacated per
Sections 8335 and 8336 of the California Streets and Highways Code.
3. That the City Clerk is directed to record this resolution, the attached legal
20
descriptions and plats in the Office of the County Recorder of San Diego County.
21 4. That upon recordation of this Resolution at the County Recorders, this easement
22 no longer constitutes a public service easement.
23 ///
24 ///
25 ///
26 ///
27 ///
28
9053
i
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 18th day of December, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.»
ABSENT: None.
fLAUDE A'LEWIS,'Mayor
ATTEST:
t
M. WOOD, City Gl$s
~ O ;''
9054
EXHIBIT "A"
PUBLIC DRAINAGE EASEMENT
APN 205-051-08
THAT PORTION OF LOT 18 OF PATTERSON'S ADDITION TO THE TOWN OF
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888,
DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 15 FEET OF THE NORTHEASTERLY 15 FEET OF
THE FOLLOWING PARCEL "A":
PARCEL "A"
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 16 OF SAID
PATTERSON'S ADDITION; THENCE NORTH 55°27' EAST, ALONG THE
SOUTHEASTERLY LINE OF PINE AVENUE, AS SHOWN ON SAID MAP NO.
565, A DISTANCE OF 244.74 FEET; THENCE SOUTH 34°33' EAST, 160 FEET;
THENCE NORTH 55°27' EAST, PARALLEL WITH THE SOUTHEASTERLY
LINE OF SAID PINE AVENUE, 150 FEET TO A POINT HEREIN IDENTIFIED
AS POINT "A"; THENCE CONTINUING NORTH 55°27' EAST 204.31 FEET,
MORE OR LESS, TO THE WESTERLY LINE OF HIGHLAND STREET;
THENCE SOUTH 24°32' EAST, ALONG SAID HIGHLAND STREET, 67 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 55°27' WEST, TO AN
INTERSECTION WITH A LINE BEARING SOUTH 34°33' EAST FROM THE
ABOVE MENTIONED POINT "A"; THENCE SOUTH 34°33' EAST, 99.78 FEET,
MORE OR LESS, TO THE NORTHWESTERLY CORNER OF THE LAND
CONVEYED TO J. BLAIR PACE, ET UX., BY DEED RECORDED DECEMBER
29, 1952 AS DOCUMENT NO. 158762 IN BOOK 4692, PAGE 146 OF
OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID
LAND, NORTH 55°27' EAST, 175.06 FEET, MORE OR LESS, TO THE
WESTERLY LINE OF HIGHLAND STREET, THENCE NORTH 24°32' WEST,
ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING.
PUBLIC DRAINAGE EASEMENT
3265 HIGHLAND DR.
9056
PUBLIC DRAINAGE EASEMENT
SCALE 1 = 40
POINT'A'
PARCEL 'A'
APN 205-051-08
3265 HIGHLAND DR.
EXHIBIT "B*
PUBLIC DRAINAGE EASEMENT
3265 HIGHLAND DR.
PR 02-64
APN 205-051-08
1
RESOLUTION NO. 2007-316
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PUBLIC
SEWER AND ACCESS EASEMENT OVER A PORTION OF
4 APN 209-060-10. PR 07-96.
5 WHEREAS, Rancho Carlsbad Partners, a California general partnership has submitted
6 a request to vacate an existing public sewer and access easement recorded as document
7 no. 2007-0479013 recorded July 17, 2007; and
WHEREAS, said easement is defined as public service easement per Section 8306 of8
the California Streets and Highways Code; and
9 WHEREAS, this easement has been superseded by relocation; and
10 WHEREAS, said easement is no longer utilized for the purpose for which it was granted
11 and is not now, nor is it contemplated to be needed in the future; and
12 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
.. o interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,14
California, as follows:
15 1. That the above recitations are true and correct.
16 2. That the public sewer and access easement recorded as document no.
17 2007-0479013, recorded July 17, 2007, that is more particularly described in Exhibit A and shown
18 for the sake of clarity in Exhibit B, is summarily vacated per Sections 8335 and 8336 of the
1Q California Streets and Highways Code.
3. That the City Clerk is directed to record this resolution, the attached legal
20
description and plat in the Office of the County Recorder of San Diego County.
21 4. That upon recordation of this Resolution at the County Recorders, this easement
22 no longer constitutes a public service easement.
23 ///
24 ///
25 ///
26 ///
27 ///
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 18th day of December, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
OJDE A LEWIS, Mayor
ATTEST:
August 22, 2007
J.N.: 05-1155
PAGE 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION
QUITCLAIM
SEWER EASEMENT
PR 07-96
THE EASEMENT FOR PUBLIC SEWER AND ACCESS PURPOSES, GRANTED TO
THE CITY OF CARLSBAD, RECORDED JULY 17, 2007 AS DOCUMENT NO.
2007-0479013 OF OFFICIAL RECORDS.
O:\Legal_Descriptions\051155\Sewer Quitclaim.Igl.doc
EASEMENT DA
$$
1
2
J
4
5
6
7
a
9
w11
12
11
BEARING
N 19?3'00"E
N 0614'51" W
N 13'32'35"E
N 55-59'51'E
N 2r49'0r E
S62W53" E
S 27-49'Or W
S 55W51* W
S 13'32'35" W
S0614'51"E
S W23'00" W
N 64V2'22' W
u 7/rv)'ia* ui
RADIUS
TA
LENGTH
22.11'
33.70'
211.05'
229.07"
6.99'
20.00'
12.01'
226.32'
199.80'
34.76'
27.88'
10.53'
Q KA'
APN
209-060-10
SWCOR.
PARCEL D
ADJ. PLAT 05-14
LEGEND:
P.O.B.
T.P.O.B.
POINT OF
BEGINNING
TRUE POINT OF
BEGINNING
AREA OF QUITCLAIM
BASIS OF BEARINGS:
EAST LINE OF RECORD OF SURVEY
17348, /.£ N20'20'08"E
PORTION OF PARCEL D, ADJ. PLAT
05-14 RECORDED 3-27-07 ASFILE NO. 2007-0205890.
'II SDGAEESMT
U&^BK 7787 PG 75
1,1 RFC. 7-23-59
60' WIDE ROADWAY ESMT
BOOK 7771, PAGE 15 0/R
REC. 7-15-59
PARCEL D
AD J PLAT
NO, 06-14
WASJEWAJER PIPELINE EASEMENT
PER DOC. 2001-0221300
REC. APRIL 11, 2001
SEWER EASEUENT QUITCLAIM
Mn*»
ocvnvp O'DAY / /
R.C.E. 32014 EXP.12/31/08
EXHIBIT "B
PR 07-96
APN 206-060-10
VTOMTY MAP
MO sate
SHEET 1 OF 1 SHEETS
CONSULT T S
2710 Laker Av«. W.
Suite 100
Carlsbad, CA
92010
760-931-7700
Fax:
760-931-8680
G:\051155\0555PEMT-QUITCLAIM.dwg Oct 10, 2007 11:53am
Xrefs: 0555MAP; 0555MAP-PLAT
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. 2007-316. SUMMARILY VACATING A PUBLIC SEWER
AND ACCESS EASEMENT OVER A PORTION OF APN 209-060-10. PR 07-96. 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 19th day of
December, 2007.
SHERRY FREISINGER/S
/DEPUTrCLERK
(SEAL)