HomeMy WebLinkAbout2019-06-11; City Council; Resolution 2019-077RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2019-0301545
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Jul 24, 2019 02:23 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES $0 00 (S82 Atkins $0.00)
PAGES 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2019-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF A PIPELINE
EASEMENT OVER LOTS 339 AND 347 OF MAP NO. 16092, LOCATED
AT ROBERTSON RANCH WEST VILLAGE. CASE NAME: ROBERTSON RANCH
WEST VILLAGE; CASE NO.: VAC 2019-0003
June 11, 2019 Item #5 Page 3 of 10
RESOLUTION NO. 2019-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OFA PIPELINE EASEMENT
OVER LOTS 339 AND 347 OF MAP NO. 16092, LOCATED AT ROBERTSON
RANCH WEST VILLAGE
CASE NAME:
CASE NO.:
ROBERTSON RANCH WEST VILLAGE
VAC 2019-0003
WHEREAS, the City Council of the City of Carlsbad, California has determined that Shapell
Robertson, LLC, owner of Lot 339 and Rancho Castera, LLC, owner of Lot 347 of Carlsbad Tract No. 13-
03, Map No. 16092 filed in the Office of the County Recorder of the County of San Diego on February
2, 2016, has filed an application to summarily vacate a portion of a pipeline easement over both
properties; and
WHEREAS, on July 11, 1930, an easement was dedicated to Oceanside Mutual Water Company
for pipeline purposes recorded in Book 1796 of Deeds, Page 142; and
WHEREAS, the City of Carlsbad is the successor in interest to said pipeline easement; and
WHEREAS, the City Council adopted Resolution 2014-041 approving the Robertson Ranch West
Village development where waterlines that were previously located in said pipeline easement have
been relocated within new public streets and easements; and
WHEREAS, this proposed summary vacation is made pursuant to Section 8333 of the California
Streets and Highways Code; and
WHEREAS, said pipeline easement is not required for the purpose for which it was granted and
is not now, nor is it contemplated to be, needed for future pipeline purposes; 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.
2. That the City Council finds that the easement has been superseded by relocation, or
determined to be excess by the easement holder, and there are no other public facilities
located within the easement.
June 11, 2019 Item #5 Page 4 of 10
3. That the City Council hereby approves a summary vacation of a pipeline easement over
Lots 339 and 347 of Map No. 16092, recorded February 2, 2016 as Doc. No. 2016-
7000052 of Official Records filed in the Office of the County Recorder of the County of
San Diego, located at the northeast corner of El Camino Real and W. Ranch Street.
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 B, 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 Special Meeting of the City Council of the City of
Carlsbad on the 11th day of June, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
~~Clerk
(SEAL)
June 11, 2019 Item #5 Page 5 of 10
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION
PIPELINE EASEMENT
VAC 2019-0003
March 13, 2019
J.N.: 101307-3
PAGE 1 OF 1
THAT PORTION OF THE PIPELINE EASEMENT IN FAVOR OF OCEANSIDE
MUTUAL WATER COMPANY (ACQUIRED BY CARLSBAD MUNICIPAL WATER
DISTRICT AS SUCCESSOR IN INTEREST) RECORDED JULY 11, 1930 IN
BOOK 1 796 OF DEEDS, PAGE 142 OF OFFICIAL RECORDS, WITHIN THE
FOLLOWING DESCRIBED REAL PROPERTY:
LOTS 339 AND 347 OF MAP 16092 RECORDED FEBRUARY 2, 2016 AS FILE
NO. 2016-7000052 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
G:\101307\Parcels\Waterline Quitclaim-Lot 339_347.doc
June 11, 2019 Item #5 Page 6 of 10
lEG4L DESCRIPTION
PORTIONS OF LOl'S 339 ANO 347 OF MAP 16092
RECORDED FEB. 2, 2016 AS RLE NQ 2016-7000052
AFFECTED LOTS
LOT APN i
LOT 339 208-195-01
LOT 347 208-195-09
2710 Loker Ave. W. 760-931-7700
Suite 100 Fax:
Carlsbad, CA 760-931-8680
92010
PACIFIC
OCEAN
EXHIBIT "B"
BUSINESS PARK DR.
VICINITY NAP
NO SCALE
OAT£: MARCH 15, 2019
APPLICANT: PIPEUNE EASEMENT VACATION 1------::-=--.c,_.:;:::;:..=.:;...=..:..;a...:....:.._+---------~------------1 SHEET 1 OF 2 SHEETS
TOLL BROTHERS VAC 2019-0003
June 11, 2019 Item #5 Page 7 of 10
LEGEND
----SUBDIVISION BOIJNOARY
lOllJNE
V/J AREA OF VACATION
PIPELINE EASEMENT TO OCEANSIDE
MAP NO.
16092
MUTUAL WATER COMPANY (ACQUIRED LOT 3,t.7
BY CITY OF CARLSBAD AS SUCCESSOR
IN INTEREST)_ BK. 1796 / PC.142 REC
JULY 11, 1930
LOT 339
2710 Loker Ave. W. 760-931-7700
Suite 100 Fax:
Carlsbad, CA 760-931-8680
92010
AREA OF
VACATlON
' v,,, _.,/'
', r / '✓ /
1.0.0. REC. 8/14/2008 /
AS F/N 2008-0435946, /
ACCEPTED 1/20/2011 /
AS F /N 2011-0368561
/
I
SCALE: 1 • = 300'
EXHIBIT "B" DATE: MARCH 15, 2019
APPLICANT• PIPELINE EASEMENT VACATION 1------=-.;:..:.......:...-==-=a.a...::.:....:....:....::.•-t----------.--------------4 SHEET 2 OF 2 SHEETS
TOLL BROTHERS VAC 2019-0003
June 11, 2019 Item #5 Page 8 of 10
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Hector Gomez 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. 2019-077 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A PIPELINE EASEMENT
OVER LOTS 339 AND 347 OF MAP NO. 16092, LOCATED AT ROBERTSON RANCH WEST
VILLAGE. CASE NAME: ROBERTSON RANCH WEST VILLAGE; CASE NO.: VAC 2019-0003 with
the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same
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 13 day of June 2019.
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HECTOR GOMEZ
DEPUTY CITY CLERK
(SEAL)
June 11, 2019 Item #5 Page 9 of 10