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Home My WebLink About2009-07-28; City Council; Resolution 2009-196n 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# 2009-0446520 AUG10,2009 3:35 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 24.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION 2009-196, SUMMARILY VACATING THE SEWER EASEMENT OVER LOT 75 OF CARLSBAD RESEARCH CENTER, CT 85-24 UNIT NO. 4, PR 09-25 1 2 18 24 25 26 27 28 RESOLUTION NO. 2009-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE THE SEWER EASEMENT OVER LOT 75 OF CARLSBAD RESEARCH CENTER,3 CT 85-24 UNIT No. 4. PR 09-25. 4 5 WHEREAS, Robert Berry, Vice President of Systems, Machines, Automation Components (SMAC), has submitted a request to vacate the sewer easement over Lot 75 of Carlsbad Research Center, Carlsbad Tract 85-24, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11811, filed in the Office of the County Recorder 8 of San Diego County, May 19, 1987; and WHEREAS, the easement is defined as a "public service easement" per Section 8306 of the California Streets and Highways Code; and 10 WHEREAS, the easement to be vacated is excess public service easement not required for public sewer purposes; and 12 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and Highways Code; and WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; 14 and 15 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, 17 "California, as follows: 1. That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said excess sewer easement across Lot 75 of Carlsbad Research Center, CT 85- 20 24 Unit No. 4, more particularly described in Exhibit A and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal description 21 22 „ and plat in the Office of the County Recorder of San Diego County. 23 4. That upon recordation of this resolution at the County Recorders Office, the easement no longer constitutes a public service easement. 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 28th day of June 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: ,,£it/ Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) EXHIBIT "A" LEGAL DESCRIPTION PR 09-25 VACATION OF SEWER EASEMENT DEDICATED TO THE CITY OF CARLSBAD OVER A PORTION LOT 75 OF CITY OF CARLSBAD TRACT NO. 85 - 24 UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOFNO. 11811 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 75, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE (841 WIDE), THENCE SOUTH 22° 44' 04" WEST ALONG THE WESTERLY LINE OF LOT 75 A DISTANCE OF 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1272.00 FEET A RADIAL TO SAID POINT BEARS SOUTH 22° 44' 04" WEST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 36' 13" A DISTANCE OF 80.00 FEET, THENCE LEAVING THE ARC OF SAID CURVE NORTH 19° 07' 51" EAST A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE, SAID POINT BEING ON THE ARC OF A 1242.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 19° 07' 51" EAST, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 36' 13" A DISTANCE OF 78.17 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2,371 SQ. FT. MORE OR LESS. "SOLOMON SHANDY LS/TSM DASK LAND SURVEYING SHEET 10F1 EXHIBIT "B" POINT OF BEGINNIW S 22° 44'04" W 30.00' (RAD.)' QUITCLAIMED EASEMENT AREA PROPERTY LINE CENTER LINE 30'60' EASEMENT VACATION • CITY OF CARLSBAD APPLICANT: SMAC ROBERT BERRY 5W7 VAN ALLEN WAY CARLSBAD, CA. 92008 SOLOMON S. HANDY /CS7584 EXPIRES: 12/31/09 A.P.N.: 212-120-01 EXHIBIT " B" DATE: 6/08/09 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. 2009-196 - Summarily Vacating the Sewer Easement Over Lot 75 of the Carlsbad Research Center. CT 85-24 Unit No. 4. PR 09-25 . with the original now on file in the Office of the City Clerk of the City of Carlsbad; and 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 29th day of July, 2009. KAF ASSISTANT CITY CLERK" (SEAL) 1 2 6 7 8 1 1 3 CT 85-24 UNIT No. 4. PR 09-25. 4 5 RESOLUTION NO. 2009-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE THE SEWER EASEMENT OVER LOT 75 OF CARLSBAD RESEARCH CENTER, WHEREAS, Robert Berry, Vice President of Systems, Machines, Automation Components (SMAC), has submitted a request to vacate the sewer easement over Lot 75 of Carlsbad Research Center, Carlsbad Tract 85-24, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11811, filed in the Office of the County Recorder of San Diego County, May 19, 1987; and WHEREAS, the easement is defined as a "public service easement" per Section 8306 of the California Streets and Highways Code; and10WHEREAS, the easement to be vacated is excess public service easement not required for public sewer purposes; and WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets12 and Highways Code; and I *J 14 and 15 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 18 1. That the above recitations are true and correct. interest to vacate said easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ' California, as follows: 1. That ._ 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said excess sewer easement across Lot 75 of Carlsbad Research Center, CT 85- 20 24 Unit No. 4, more particularly described in Exhibit A and shown for the sake of clarity in Exhibit 21 B, shall be summarily vacated. 22 3. The City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 23 4. That upon recordation of this resolution at the County Recorders Office, the 24 easement no longer constitutes a public service easement. 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 28th day of June 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: LORRAINE MrWeOD,£it/ Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) EXHIBIT "A" LEGAL DESCRIPTION PR 09-25 VACATION OF SEWER EASEMENT DEDICATED TO THE CITY OF CARLSBAD OVER A PORTION LOT 75 OF CITY OF CARLSBAD TRACT NO. 85 - 24 UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOFNO. 11811 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 75, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE (841 WIDE), THENCE SOUTH 22° 44' 04" WEST ALONG THE WESTERLY LINE OF LOT 75 A DISTANCE OF 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1272.00 FEET A RADIAL TO SAID POINT BEARS SOUTH 22° 44' 04" WEST, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 36' 13" A DISTANCE OF 80.00 FEET, THENCE LEAVING THE ARC OF SAID CURVE NORTH 19° 07' 51" EAST A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE, SAID POINT BEING ON THE ARC OF A 1242.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 19° 07' 51" EAST, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 36' 13" A DISTANCE OF 78.17 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2,371 SQ. FT. MORE OR LESS. SOLOMON STHANDY LSf7584 DASK LAND SURVEYING SHEET 10F1 EXHIBIT "B" POINT OF BEGINNIN S 22° 44' 04" W 30.00' (RAD.)' X "^ ~~l QUITCLAIMED EASEMENT AREA PROPERTY LINE CENTER LINE EASEMENT VACATION - CITY OF CARLSBAD APPLICANT: SMAC ROBERT BERRY 5807 VAN ALLEN WAY CARLSBAD, CA. 92008 PREP, fOLOMON S. HANDY /IS 7584 EXPIRES: 12/31/09 A.P.N.: 212-120-01 EXHIBIT " B" DATE : 6 / 08 / 09