HomeMy WebLinkAbout2011-10-25; City Council; Resolution 2011-2511
RESOLUTION NO. 2011-251
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
DRAINAGE EASEMENT OVER A PORTION OF PARCEL A
4 OF ADJ 02-17, PER CERTIFICATE OF COMPLIANCE
CE03-15. PR 11-23
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6 ' WHEREAS, The Irvine Company LLC, owner of Parcel A of ADJ 02-17 per Certificate of
7 Compliance CE 03-15, recorded July 15, 2003 as File No. 2003-0838234, known as Marbella
8 Apartment Homes, formerly known as Summit at Carlsbad (SDP 00-17), have requested vacation
of a drainage easement recorded on May 29, 1973 as Document No. 73-144276; and9
WHEREAS, the said drainage easement is defined as a "public service easement" per
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Section 8306 of the California Streets and Highways Code; and
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WHEREAS, the storm drain easement was dedicated to allow construction and
12 maintenance of a storm drain lateral as shown on drawing DWG168-4; and
13 WHEREAS, the storm drain lateral has been removed and replaced with a new storm
14 drain within Marron Road as shown on drawing DWG 403-9; and
15 WHEREAS, the storm drain easement to be vacated is no longer needed for public utility
16 or access purposes; and
17 WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and
18 Highways Code; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; andi y
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
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interest to vacate the said easement.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:
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1. That the above recitations are true and correct.
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2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
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Highway Code, the drainage easement recorded on May 29, 1973 as Document 73-144276 over a
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portion of Parcel A of ADJ 02-17 per Certificate of Compliance CE 03-15, recorded July 15, 2003
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1 as File No. 2003-0838234, Marbella Apartment Homes, formerly known as Summit at Carlsbad
2 (SDP 00-17), shall be vacated.
3 3. That the City Clerk is directed to record this resolution, in the Office of the County
4 Recorder of San Diego County.
5 4. That upon recordation of this resolution at the County Recorder's Office, the
6 vacated 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 25th day of October, 2011, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: Council Member Kulchin.
MATTHALL, Mayor
ATTEST:
lOfcRAINE M. WOOD, City Clerk
(SEAL)
X\»HII//.