HomeMy WebLinkAbout2017-11-01; City Council; Resolution 2017-210RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2017-0539688
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Nov 20, 2017 09:32 AM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
PAGES 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2017-210
RESOLUTION NO. 2017-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF A PUBLIC UTILITY
EASEMENT FOR AN EXISTING WATER SYSTEM DESIGNATED FOR FIRE
SERVICE AT 5440 GRAND PACIFIC DRIVE
CASE NAME:
CASE NO.:
CARLSBAD RANCH PA 5 UTILITY EASEMENT VACATION
STV 15-01
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that Grand Pacific
Carlsbad Hotel Company, owner of property at 5440 Grand Pacific Drive and more particularly
described as Parcel A of ADJ 12-02 as shown on City of Carlsbad Certificate of Compliance No. CE 12-
04, recorded April 2, 2012 as Doc. No. 2012-0187408 of Official Records filed in the Office of the County
Recorder of the County of San Diego, has filed an application to summerly vacate a public utility
easement over said property; and
WHEREAS, the City Council approved City Council Resolution 2015-282 on November 17, 2015
approving Carlsbad Ranch Planning Area 5, CT 15-08, PUD 15-16, SDP 03-02{A), CUP 03-0l(A), CDP 03-
04{A) and the findings and conditions contained in Planning Commission Resolution No. 7124 for the
development of 172 timeshare airspace condominium units within 11 buildings, 88 hotel rooms in one
building, a 17,000 square foot resort building with meeting room and restaurant, a pool and on-site
parking; and
WHEREAS, condition No. 52 of Planning Commission Resolution No. 7124 contemplated the
conversion a public water main and fire hydrants to private ownership and maintenance and the
vacation of the related public easement; and
WHEREAS, this proposed vacation is made pursuant to Section 8333 of the California Streets
and Highway Code; and
WHEREAS, the public utility easement is not needed for present or future use by the city, public
or adjacent property owners; and
WHEREAS, no public facilities exist within the easement to be vacated other than the water
facilities being redesigned to private ownership;
WHEREAS, the proposed vacation is not useful as a non-motorized transportation facility; and
WHEREAS, the proposed vacation is in accordance with Growth Management Policies and is
consistent with the General Plan of the city; and,
November 7, 2017 Item #4 Page 3 of 7
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest
to vacate said easement; and,
WHEREAS, California law requires the property owner to inspect, test and maintain private fire
systems to ensure continuous function.
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.
2. That the City Council hereby approves a summary vacation of a public utility easement
on Parcel A of ADJ 12-02 as shown on City of Carlsbad Certificate of Compliance No. CE
12-04, recorded April 2, 2012 as Doc. No. 2012-0187408 of Official Records filed in the
Office of the County Recorder of the County of San Diego, located at 5440 Grand Pacific
Drive.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code,
said excess easement more particularly described in Exhibit A and shown for the sake of
clarity in Exhibit B, shall be summarily vacated.
4. 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.
5. That upon recordation of this Resolution at the Office of the County Recorder, this
easement no longer constitutes a public street or public service easement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of November 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
November 7, 2017 Item #4 Page 4 of 7
SITE MAP
EASEMENT
VACATION
• N
NOT TO SCALE
EXHIBIT 2
Carlsbad Ranch PA 5 Public Utility Easement Vacation
STV 15-01