HomeMy WebLinkAbout2010-05-11; City Council; Resolution 2010-1081 RESOLUTION NO 2010-108
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~ CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF
A PUBLIC UTILITY EASEMENT OVER FILOLI CIRCLE IN CT 05-13,
4 PR 09-48.
WHEREAS, David Stearn, Vice President for DR Horton, has submitted a request to
6 vacate a portion of a public utility easement over Lot 4 and Lot 7 of the City of Carlsbad Tract No.
7 05-13 Villages of La Costa - La Costa Ridge Neighborhood 2.6, in the City of Carlsbad, County of
8 San Diego, State of California, according to map thereof No. 15740, amended by certificate of
correction recorded July 20, 2009 as Instrument No. 2009-0398550, filed in the Office of the
County Recorder of San Diego County, January 29, 2009; and
WHEREAS, the easement to be vacated is defined as a "public service easement" per
Section 8306 of the California Streets and Highways Code; and
1 ?WHEREAS, the easement to be vacated is excess public service easement not required
13 for public utility or access purposes; and
14 WHEREAS, the easement to be vacated is not useful as a nonmotorized transportation
facility; and
WHEREAS, this vacation is made pursuant to Section 8333 and Section 8335 of the16
California Streets and Highways Code; and
17 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
1R WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate said easement.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
21 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
23
Highway Code, said excess public service easement more particularly described in Exhibit A and
24 shown for the sake of clarity in Exhibit B, shall be summarily vacated.
25 3. The City Clerk is directed to record this resolution, the attached legal description
26 and plat in the Office of the County Recorder of San Diego County.
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4. That upon recordation of this resolution at the County Recorders Office, the
portions of this easement 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 11th day of May, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
5, Mayor
ATTEST:
LORRAINE M.
QSEAL)
Page 1 of 1
EXHIBIT 'A'
LEGAL DESCRIPTION FOR VACATION OF
PUBLIC UTILITIES EASEMENT
PR 09-48
That portion of Lots 4 and 7 of Tract 05-13 in the City of Carlsbad, County of San Diego, State of
California, as per map thereof No. 15740, filed in the Office of the County Recorder of said County,
January 29, 2009, being a strip of land, 30.00 feet wide, the sidelines of said strip lying 15.00 feet on
each side of the northwesterly line of said Lot 4.
The northwesterly line of said strip shall terminate northeasterly in the curved northeasterly line of
said Lot 7 and southwesterly in the northwesterly prolongation of the southwesterly line of said Lot 4.
The southeasterly line of said strip shall terminate northeasterly in the curved northerly line of said
Lot 4 and southwesterly in the southwesterly line of said Lot 4.
The above described parcel contains 5,208 square feet (0.120 acres) more or less.
All as shown on Exhibit "B" attached herewith and made a part hereof.
The real property description has been prepared by me,or under my direction, in conformance with
ThtfTITrfessional Land Surveyors Act.
Robert D. Vasque
Expires 12/31/10
Date: ?>3-|O
P:\D\DRHH00000030\0600INFO\SV\Office\Legals\Vacation - PUE revised 01042010.doc
SW'LY LINE, LOT 4 /
MOST WLY COR.
LOT 4
SW'LY LINE
R=128.00
LS02-39'36"E
S71754r47"E"(R)
R=75.00'
LOT 4
1 5740
LOT 4
LINE DATA
LINE
L1
L2
BEARING
[N66*48'47"W]
[N26'00'55"W]
DISTANCE
[54.11']
30.01'
APN: 223-727-CU & 07
LEGAL: LOTS 4 AND 7 OF
CURVE DATA
CURVE
C1
C2
C3
C4
C5
C6
DELTA
37-50'58"
14'08'33"
[42'53'25"]
47'22'47"
H'42'16"
07'01'25"
RADIUS
45.00'
[128.00']
'60.00'"
75.00'
128.00'"
128.00'
LENGTH
29.73'
31.59'
[44.91']
62.02'
26.15'
15.69'
LEGEND
COR.
(R)
CT 05-13, MAP 15740
INDICATES LIMITS OF PUBLIC UTILITY
EASEMENT TO BE VACATED
SUBDIVISION BOUNDARY
LOT BOUNDARY
CORNER
RADIAL
RECORD DATA PER MAP NO 15740
AREA = 5,208 S.F.
DAVID EVANS
AND ASSOCIATES INC.
4200 CONCOURS, STE 200
Ontario California 91764
Phone: 909.481.5750
LA COSTA 2.6
PR 09-48
EXHIBIT "B"
PUBLIC UTILITIES
EASEMENT VACATION
CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
SHEET NO:
1 OF
JOB NO:
DRHH0030I
DRAWN BY:
MFRE
DATE:
01
LET
1 "=50'
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. 2010-108. A EESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD. CALIFORNIA. TO SUMMARILY VACATE A PORTION
OF A PUBLIC UTILITY EASEMENT OVER FIOLI CIRCLE IN CT 05-13. PR 09-48.
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 13th day of
May, 2010.
fMRY/FREISING;
SPUTY^GLERK
(SEAL)