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HomeMy WebLinkAbout2012-11-27; City Council; Resolution 2012-2541 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 EXHIBIT 1 RESOLUTION NO. 2012-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. TO SUMMARILY VACATE A 12 FOOT WIDE DRAINAGE EASEMENT GENERALLY LOCATED AT 7547 GIBRALTAR STREET (STV 12-02) WHEREAS, Coastal Living LLC, owner of Parcel 2 of Certificate of Compliance recorded on August 27, 1984 as document number 84-325375 (the property), filed an application to vacate a drainage easement, described as Parcel 5 per document recorded November 18, 1969, file no. 211764 (the easement), that was offered to and accepted by the San Diego County Flood Control District; and WHEREAS, the property was annexed to the City of Carlsbad on October 16, 1972 (East Carlsbad Annexation E-2.12); and WHEREAS, pursuant to Chapter 105, Section 51 of the San Diego Water Code, title to the easement is now vested in the City of Carlsbad, effective July 1, 1985; and WHEREAS, the easement to be vacated is defined as a "public street and utility easement" per Sections 8333 and 8334 of the Califomia Streets and Highways Code; and WHEREAS, the easement to be vacated is a utility easement not required for public utility or access purposes; and WHEREAS, this vacation is made pursuant to Section 8333 and 8334 of the California Streets and Highways Code; and WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and WHEREAS, the City Council of the City of Carlsbad has detennined 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, Califomia, as follows: 1. That the above recitations are true and correct. 2. That pursuant to Section 8333 and 8334 of the Califomia Streets and Highway Code, said drainage easement more particularly described in Exhibit A and as shown in Exhibit B, shall be summarily vacated. /// /// 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 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. 4. That upon recordation of this resolution at the County Recorders Office, the portions of this easement no longer constitutes a public street and access easement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 4 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 27th day of November, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard None. ABSENT: None. MATTlTiALL, Mayor ATTEST: Karen R. Kundtz, Assistant City Clerk (SEAL) October 31, 2012 J.N. 121004 EXHIBIT 'A' VACATION OF DRAINAGE EASEMENT STV 12-02 A 12.00 FOOT WIDE EASEMENT FOR DRAINAGE STRUCTURE'S WITH THE RIGHT OF INGRESS AND EGRESS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, AS PARCEL 5 PER DOCUMENT RECORDED NOVEMBER 18, 1969 AS FILE NO. 211764, OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. 6 LEGAL DESCRIPTION: SAID PROPERTY BEING DESCRIBED AS PARCEL No. 2 IN CERTIFICA TE OF COMPLIANCE RECORDED ON AUGUST 27, 1984 AS FILE No. 84-J25J75 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY AND LOT A OF DOC 2008-0252174 BASIS OE BEARINGS: THE BASIS OF BEARINGS FOR THIS PLA T IS THE NAD8J, ZONE 6, 1991.35 EPOCH GRID BEARING BETWEEN FIRST ORDER POINTS CLSB-020 & CLSB-024 PER RECORD OF SURVEY NO 17271, I.E. N6J'47'49"W. LEGEND: () OCEANSIDE PROPERTY UNE EXISTING EASEMENT EASEMENT TO BE VACATED RECORD DATA PER CERT OF COMPUANCE REC 8/27/84 AS F/N 84-325375 VISTA CITY OF SAN MARCOS VICINnY MAP NO SCALE 0 N S U L T T S 2710 Loker Avenue West Suite 100 Corlsbod, Californio 92010 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying STV 12-02 EXHIBIT 'B' LAND ^\ NO. 8753 ^ EXP. 12/31/12 / SHT. 1 OF 2 SHTS CITY OF CARLSBAD - VACATION DRAINAGE EASEMENT REQUESTED BY: COASTAL UVING, LLC 814 S WESTGATE AVE. f25 LOS ANGELES, CA 90049 PREPARED BY: NICHOLE A. FINE RCE 8753 EXP 12/31/12 APN 216-290-47 216-592-01 HATF 10-31-2012 n-\n.^inRn\n,"^6nAPni-'=;nR riwn Nnv oi ?oi7 a •."^9nm ^ SORT DOC N0,p;'2i^ 6?/73y7F PUBLIC STORM DRAIN EASEMENT TO THE CITY OF CARLSBAD FROM LA COSTA RESORT REC 5/02/2012 AS F/N 2012-0257558 2710 Loker Avenue West Suite 100 Carlsbad. California 92010 760-931-7700 Fax: 760-931-8680 SHT. 2 OF 2 SHTS CITY OF CARLSBAD - VACATION DRAINAGE EASEMENT REQUESTED BY: COASTAL LIVING, LLC 814 S WESTGATE AVE. 0125 LOS ANGELES, CA 90049 PREPARED BY: NICHOLE, A. FINE . • 'R.C.E 8753 EXP 12/31/12 APM 216-290-47 216-592-01 DATF 10-31-2012 r,-\f),'^inRn\n,^RnAPOi-=;nR Hwn Nnv ni ^oyKP.-^7nt