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HomeMy WebLinkAbout2007-12-18; City Council; Resolution 2007-319RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2008-0071208,imil illi ii ii FEB12, 2008 9:56 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE h R L Q 0 RY J. S MIT H. CO 0 N TY RECORDER FEES: 0.00 PAGES: !MMI II IIII!! IIIIII SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2007-319 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) Re-record to correct Document No. 2007-0790599 of December 24, 2007. An incorrect cover page was attached to the Resolution. 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. JDEPUTYCLERK (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service easement per Section 8306 of8 the California Streets and Highways Code; and 9 WHEREAS, this easement has been superseded by relocation; and WHEREAS, said easement is no longer utilized for the purpose for which it was granted 11 and is not now, nor is it contemplated to be needed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 * 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. 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 legal20 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 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. 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°32T WEST, ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. EXHIBIT A SHEET 1 PUBLIC DRAINAGE EASEMENT 3265 HIGHLAND DR. PR 02-64 APN 205-051-08 9056 PUBLIC DRAINAGE EASEMENT SCALE 1 = 40or v POINT'A' PARCEL W APN 205-051-08 3265 HIGHLAND DR. EXHIBIT "8" PUBLIC DRAINAGE EASEMENT 3265 HIGHLAND DR. PR 02-64 APN 205-051-08 9043 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# 2007-0790598 DEC 24, 2007 3:20 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2007-319 Summarily Vacating a Public Drainage Easement Over a Portion of APN 205-051-08; PR 07-117 (Public Drainage Easement Recorded as 2002-0717026) AB#19, 258 12/18/07 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. /DEPUTT CLERK (SEAL) 9045 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 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 13 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. ifi10 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 .Q California Streets and Highways Code.i y 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. A LEWIS, Mayor ATTEST: M. WOO fSEAL)f ity Cle<H»''"'""/<3 *"*?.c''', 9047A 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 y EASEMENT DA $$ / 2 J 4 5 6 7 8 9 10 11 12 13 BEARING N W23'00" E N 0614'51" W N 13'32'35"E N 55-59'51" E N 27"49'07" 'E S62W'53"E S 27'49'07" W S 5559'5t" W S 13'32'35" W S06W51'E S 19"23'00" W N 64V2'22" W N 70'30'38" W 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' 9.54' 9048 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, I.E. N20"20'08"E PORTION OF PARCEL D, ADJ. PLAT 05-14 RECORDED 3-27-07 ASnil NO. 2007-0205890. '/ SDG&EESMT 7787 PG 75 ,1 REC. 7-23-59 60' WIDE ROADWA Y ESMT BOOK 7771, PAGE 15 0/R REC. 7-15-59 PARCEL D AD J PLAT NO, 06-14 SCALE: 1 = 100' WASTEWA7ER PIPELINE EASEMENT PER DOC. 2001-0221300 REC. APRIL 11, 2001 an or ENCMMS VtaNITYMAP MOSOtf SHEET 1 OF 1 SHEETS SEWER EASEMENT QUITCLAIM O'DAY J / / R.C.E. 32014 EXP.12/31/08 EXHIBIT "B' PR 07-96 APN 206-060-10 2710 Loker Ave. W. Suite 100 Carlsbad. CA 92010 760-931-7700 Fax:760-931-8680 G:\051155\0555PEMT-QUITCLAIM.dwg Oct 10, 2007 11:53om Xrefs: 0555MAP; 0555MAP-PLAT 1 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. 5 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 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. 1R0 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 . Q Sections 8335 and 8336 of the California Streets and Highways Code.i y 3. That the City Clerk is directed to record this resolution, the attached legal20 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 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. L0RRAI (jBEAL) M. WOOD, City 01$k' 4_ 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. SCALE T = 100' EXHIBIT A SHEET 1 PUBLIC DRAINAGE EASEMENT 3265 HIGHLAND DR. PR 02-64 APN 205-051-08 PUBLIC DRAINAGE EASEMENT POINT 'A' PARCEL'/ APN 205-051-08 3265 HIGHLAND DR EXHIBIT "B1 PUBLIC DRAINAGE EASEMENT 3265 HIGHLAND DR. PR 02-64 APN 205-051-08 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:JDEPUTYCLERK (SEAL) .. <&£%!> a**O .'' " *<*./•••>'•