HomeMy WebLinkAbout2019-01-08; City Council; Resolution 2019-001RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2019-0017899
111111111111 lllll 11111111111111111111 lllll lllll lllll l11111111111111111
Jan 16, 2019 01 :51 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (SB2 Atkins $0 00)
PAGES 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2019-001
/5 January 8, 2019 Item #3 3 of 9
RESOLUTION NO. 2019-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF A GENERAL UTILITY
AND ACCESS EASEMENT OVER PARCELS 1 AND 2 OF PARCEL MAP NO.
21308, LOCATED AT 6131 AND 6133 INNOVATION WAY
CASE NAME: SHEA INDUSTRIAL BRESSI RANCH
CASE NO.: VAC 2017-0010
WHEREAS, the City Council of the City of Carlsbad, California has determined that Bressi
Industrial LLC, owner of property at 6131 and 6133 Innovation Way and more particularly described as
Parcels 1 and 2 of Parcel Map No. 21308, recorded December 17, 2015 as Doc. No. 2015-7000509 of
Official Records filed in the Office of the County Recorder of the County of San Diego, has filed an
application to summarily vacate a general utility and access easement over said property; and
WHEREAS, said general utility and access easement over said property was recorded November
13, 2007 as Doc. No. 2007-0717227; and
WHEREAS, the City approved Tentative Parcel Map 15-06 on June 4, 2015, a two-lot subdivision
with the development of two industrial buildings and on-site parking; and
WHEREAS, engineering condition No. 18 of this approval required the owner to process an
easement vacation of the general utility and access easement. The two industrial buildings were
constructed over portions of the general utility and access easement; and
WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California
Streets and Highways Code; and
WHEREAS, the general and access utility easement has not been used for the purpose for which
it was dedicated and is not needed for present or future use by the city, public or adjacent property
owners; and,
WHEREAS, the proposed summary vacation is in accordance with Growth Management Policies
and is consistent with the General Plan of the city; and,
WHEREAS, the City Council of the City of Carlsbad has determined 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, California, as
follows:
1. That the above recitations are true and correct.
January 8, 2019 Item #3 4 of 9
2. That the City Council finds that the easement has not been used for the purpose for
which it was dedicated or acquired for five consecutive years immediately preceding the
proposed vacation.
3. That the City Council hereby approves a summary vacation of a general utility and access
easement over Parcels 1 and 2 of Parcel Map No. 21308, recorded December 17, 2015
as Doc. No. 2015-7000509 of Official Records filed in the Office of the County Recorder
of the County of San Diego, located at 6131 and 6133 Innovation Way.
4. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways
Code, said excess easement more particularly described in Exhibit A and shown for the
sake of clarity in Exhibit 8, shall be summarily vacated.
5. 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.
6. 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 8th day of January, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, P. Bhat-Patel, C. Schumacher, 8. Hamilton
None.
None.
~ARBARA ENGLESON, City Clerk
{SEAL)
January 8, 2019 Item #3 5 of 9
EXHIBIT "A"
LEGAL DESCRIPTION
V AC 2017-0010
AN EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES AS DESCRIBED IN
A GRANT DEED OF EASEMENT, RECORDED NOVEMBER 13, 2007, GRANTED TO
CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOC. NO. 2007-0717227,
LYING WITHIN PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 17,
2015 AS FILE NO. 2015-7000509 OF OFFICIAL RECORDS.
AREA OF SAID EASEMENT CONTAINS 1.346 ACRES, MORE OR LESS
Page 1 of 1
January 8, 2019 Item #3 6 of 9
0
0)
" ~
LC) -~ ..----i I-0 "')
CL .....J
<(
2
EXHIBIT "B"
VAC 2017-0010
PROPOSED VACATION OF EXISTING
GENERAL UTILITY ANO ACCESS EASEMENT
582.00'
MAP 14960
LOT 23
--i.., 1 L PARCEL 2 __ __.___J--_ "'::::J
I =i ;--APN 213-261-25
30'1 n
S90°00'00T 594.59'
PARCEL MAP 21308
PARCEL 1
APN 213-261-24
£)(!ST/NG BU/LO/NG
___J'"'"'"'L,__ .--
C = --'-~,_ - -
N89°J'f '!3"/f 562.87'
_GATEWAY ROAD
LJ=9o • 1.1 ·oo,,
R=2.5.00'
L=39.36'
EASEUENT TO BE VACA lFO 0 AN EASEMENT IN FAVOR OF CITY OF CARLSBAD, A
AIUNIC/PAL CORPORATION FOR GENERAL tlllL/TY ANO ·-~ A '£5S PURPOSES ANO INC/OENTAL PURPOSES,
RECOROEO NOVEMBER I.J, 2007 AS INSTRUMENT NO.
2007-0717227 OF OFFICIAL RECORDS. ----0 100 200
January 8, 2019 Item #3 7 of 9
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO } ss.
I, Tamara R. McMinn, Deputy City Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the original
RESOLUTION NO. 2019-001 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A GENERAL UTILITY AND
ACCESS EASEMENT OVER PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, LOCATED AT 6131
AND 6133 INNOVATION WAY. CASE NAME: SHEA INDUSTRIAL BRESSI RANCH; CASE NO.: VAC
2017-0010 with the original now on file in the Office of the City Clerk of the City of Carlsbad;
that the sa me contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 10TH day of January, 2019.
~ 1/\CYlo,, C>-/!m _~~-
TAMARA R. MCMINN
DEPUTY CITY CLERK
(SEAL)
January 8, 2019 Item #3 8 of 9