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HomeMy WebLinkAbout2013-07-09; City Council; Resolution 2013-171RESOLUTION NO. 2013-171 WHEREAS, J.D. Rockdove LLC has filed an application to vacate an easement for drainage, general utility and access for sewer pump station and detention basin purposes within the Aviara EXHIBIT 1 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION 4 OF AN EASEMENT FOR DRAINAGE, GENERAL UTILITY AND ACCESS WITHIN THE AVIARA PROJECT NORTHERLY OF 5 HUMMINGBIRD ROAD AND EASTERLY OF DOVE STREET - STV 11-03 6 " 7 8 g project, located northerly of Hummingbird Road and easterly of Dove Street, granted to the City of 10 Carlsbad by Aviara Land Associated Limited Partnership per Map 12411 recorded June 29,1989; and 11 WHEREAS, the vacation is made pursuant to California Streets and Highways Code 12 Division 9, Part 3, Chapter 4; and 13 WHEREAS, that portion of the easement to be vacated is not required for public easement purposes; and 15 WHEREAS the vacation is consistent with the General Plan of the City of Carlsbad; and 16 WHERESS, the City Council ofthe City ofCarlsbad has determined it to be in the public 17 interest to vacate the easement. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 19 20 21 22 2. That pursuant to the California Streets and Highways Code Division 9, Part 3, 23 Chapter 4, said excess public easement shall be summarily vacated. 24 3. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. 26 4. That upon recordation of this resolution at the County Recorder's Office, said 27 portion ofthe easement no longer constitutes a public easement. 28 " 3 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 ofthe City Council ofthe City of Carlsbad on the 9th day of July 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Wood, Blackburn, Douglas. None. ABSENT: Council Member Packard. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, CitfClerk