HomeMy WebLinkAbout2013-11-05; City Council; Resolution 2013-2521
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EXHIBIT 1
RESOLUTION NO. 2013-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TO SUMMARILY VACATE AN EASEMENT FOR PUBLIC
ROAD PURPOSES, LOCATED SOUTHERLY OF PALOMAR AIRPORT
ROAD AND EXTENDING TO AND ACROSS MELROSE DRIVE - STV
13-04.
WHEREAS, San Marcos Unified School District, owner of a portion of Parcel 2 of
Certificate of Compliance Doc. No. 94-0497667 and Parcel 3 of Certificate of Compliance Doc. No.
94-0497669, has requested vacation of an easement for public road purposes; and
WHEREAS, this easement, located southeriy of Palomar Airport Road extending
southeriy to and across Melrose Drive was granted to the City per Doc. No.77-068082 recorded
February 24,1977 in the office of the county recorder of San Diego County, State of California; and
WHEREAS, said easement was not improved for vehicular travel and no public
money was expended for maintenance; and
WHEREAS, Section 8331 of the State of California Street and Highways Code
provides for the summary vacation of a street or highway that for a period of five consecutive
years has been impassable for vehicular travel and where no public money was expended for
maintenance on the street or highway; and
WHEREAS the vacation is consistent with the General Plan of the City of
Carisbad; and
WHEREAS, the city engineer has determined that said easement is not required
for present or future street purposes; and
WHEREAS, pertinent city departments have been notified of the proposed
vacation and no objections have been received; and
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WHEREAS, the City Council of the City of Carisbad has determined it to be in the
public interest to vacate the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Coundl of the City of Carisbad,
California, as follows:
1. That the above recitations are true and correct.
2. That it is Council's said intention to summarily vacate for public road
purposes the easement recorded February 24,1977 as Doc. No. 77-068082.
3. That the city clerk is instructed to record this resolution in the Office of
the County Recorder of San Diego County.
4. That upon the date this resolution is recorded in the Office of the County
Recorder of San Diego County, the easement being vacated no longer constitutes a public
street.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 5^^ day of November, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Blackburn, Douglas.
None.
ABSENT: Council Member Wood.
MA"Kr HALL, Mayor
ATTEST:
BARBARA ENGLESON, C'4 Clerk