HomeMy WebLinkAbout2005-04-26; City Council; Resolution 2005-1231
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RESOLUTION NO. 2005-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
PORTION OF JEFFERSON STREET, STV 04-03 (ADJ 03-14).
WHEREAS, Stuart Montgomery has submitted an application to vacate a portion of
Jefferson Street; and
WHEREAS, an adjustment plat for ADJ 03-14 is currently being processed and all
qecessary documents will be completed or secured prior to recordation of a resolution of vacation;
and
WHEREAS, Jefferson Street presently has excess right-of-way because it has been
realigned; and
WHEREAS, the City Engineer has determined that this portion of Jefferson Street is not
ieeded for present or future street purposes; and
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways
Code, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of
clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to concurrently record this resolution and the certificates
of compliance for ADJ 03-14 in the Office of the County Recorder of San Diego County.
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4. From the date the resolution and the certificates of compliance are recorded in the
County Recorder's office, the area vacated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 26th day of *pril , 2005 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
r\jl CLAUDE A. LE\larlS, Mhyor '
MATT HALL, Mayor Pro-Tern
ATTEST:
\I& 'U,
LORRAINE M. WOOD, City Clerk (SEAL)
Y
EXHIBIT "A"
JEFFERSON STREET VACATION
A PORTION OF TRACT 2, OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 1719,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
20 1921, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WESTERLY SIDELINE OF THE 60 FOOT WIDE
ROAD EASEMENT FOR COUNTY HIGHWAY CONVEYED TO THE COUNTY OF SAN
DIEGO, BY DEED RECORDED FEBRUARY 5,1941 IN BOOK 1 135, PAGE 75 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID
ROAD EASEMENT IS SHOWN ON COUNTY ROAD SURVEY NO. 843 WHICH IS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY, SAID POINT IS
AT ENGINEERS STATION 8+88.65 PER CALTRANS LO PLAT NO. 3787; THENCE ALONG
SAID WESTERLY SIDELINE, NORTH 17'43'00'' WEST, (RECORD NORTH 17'41'00" WEST
0262 186 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY) 160.35
FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE CONTINUING ALONG SAID WESTERLY SIDELINE AND SAID
CURVE THROUGH A CENTRAL ANGLE OF 17' 19'24'', AN ARC DISTANCE OF 130.0 1 FEET
(RECORD CENTRAL ANGLE OF 17'18'50'', AN ARC DISTANCE OF 129.94 FEET PER
RECORD OF SURVEY NO. 149 1 1) TO THE NORTHERLY ANGLE POINT OF PARCEL 1 AS
DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 2, 1995 AS
DIEGO COUNTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID WESTERLY SIDELINE AND SAID CURVE THROUGH A CENTRAL ANGLE
OF 28'22'32'', AN ARC DISTANCE OF 212.96 FEET TO AN ANGLE POINT IN THE
SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED MARCH 4,1968 AS FILE NO. 36135 OF OFFICIAL RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG
SAID SOUTHWESTERLY LINE AND A PORTION OF THE NORTHEASTERLY LINE OF
LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 7,1967
AS FILE NO. 80766 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SOUTH 30°09'09" EAST, (RECORD SOUTH 29'42'39"
FOOT RADIUS CURVE, CONCAVE EASTERLY AND THE EASTERLY SIDELINE OF SAID
60 FOOT WIDE ROAD EASEMENT FOR COUNTY HIGHWAY, A RADIAL BEARTNG TO
SAID CURVE BEARS NORTH 67'59'52'' WEST; THENCE SOUTHERLY ALONG SAID
CURVE AND EASTERLY SIDELINE, THROUGH A CENTRAL ANGLE OF 20'55'17", AN
CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID CURVE BEARS
NORTH 75'52'49" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A
PER RECORD OF SURVEY NO. 1491 1, RECORDED JUNE 22, 1995 AS FILE NO. 1995-
DOCUMENT NO. 1995-0090296 IN THE OFFICE OF THE COUNTY RECORDER OF SAN
EAST PER SAID DEEDS), 73.02 FEET TO THE BEGINNING OF A NON-TANGENT 370.00
ARC DISTANCE OF 135.10 FEET TO A POINT ON A NON-TANGENT 530.00 FOOT RADIUS
K\Survey\DATA\0906\Street-Vacations\Revised St-vacation.wpd Page 1 of2 W.O. 677-0906-100
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CENTRAL ANGLE OF 2"22'35", AN ARC DISTANCE OF 2 1.98 FEET TO NORTHEASTERLY
CORNER OF SAID PARCEL 1 PER CERTIFICATE OF COMPLIANCE RECORDED MARCH
2,1995; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 78"13'38"
WEST, 56.32 FEET TO THE TRUE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
WAND A. MAR@S DATE WAND A. MARflS / DATE
&LS 5941
K\Survey\DATA\0906\Street-VacationsRevised St-vacation.wpd Page 2 of 2 W.O. 677-0906-100
( ) RECORD DATA PER ROS 1491 1 < > RECORD DATA PER DEED
RECORDED 6/7/1967 AS FILE NO. 80766 AND
DEED RECORDED 3/4/68
AS FILE NO. 36135 BOTH OF O.R.
155-1 80-02
!363 JEFFERSON ST 155-1 80-28 'z
DOC ## 2005-0461 259 I llllllll 111 It ill Ill11 111ll11111iill1 I1111 11111 lllll tllll 11111 Ill1 1111
JUN 02,2005 8:39 AM
OFFICIAL HE CORDS
GREGORY' J SMITH COUNTY RECORDER FEES u uo
PAGE 5 7
,5414 CJlEIiO CUUNTr' RECORDER'S OFFICE
I111111 I111 Ill11 Ill11 11111 Ill11 #111 Ill11 Ill11 HlllU111 Ill11 11111 Ill1 1111 1111
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Resolution
2005-1 23
AB 18,088,4/26/05
\County RecordeARecorder Cover Sheetdoc
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RESOLUTION NO. 2005-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
PORTION OF JEFFERSON STREET, STV 04-03 (ADJ 03-14).
WHEREAS, Stuart Montgomery has submitted an application to vacate a portion of
Jefferson Street; and
WHEREAS, an adjustment plat for ADJ 03-14 is currently being processed and all
necessary documents will be completed or secured prior to recordation of a resolution of vacation;
and
WHEREAS, Jefferson Street presently has excess right-of-way because it has been
realigned; and
WHEREAS, the City Engineer has determined that this portion of Jefferson Street is not
needed for present or future street purposes; and
WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways
Code, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of
clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to concurrently record this resolution and the certificates
of compliance for ADJ 03-14 in the Office of the County Recorder of San Diego County.
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4. From the date the resolution and the certificates of compliance are recorded in the
2ounty Recorder's office, the area vacated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 26th day of , 2005 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
\
2LAUDE A. CEWlS, Mbyor '
MATT HALL, Mayor Pro-Tem
4TTEST:
/
\I& .w,
LORRAINE M. WOOD, City Clerk (SEAL)
EXHIBIT "A"
JEFFERSON STREET VACATION
A PORTION OF TRACT 2, OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 1719,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
20 1921, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WESTERLY SIDELINE OF THE 60 FOOT WIDE
ROAD EASEMENT FOR COUNTY HIGHWAY CONVEYED TO THE COUNTY OF SAN
DIEGO, BY DEED RECORDED FEBRUARY 5,1941 IN BOOK 11 35, PAGE 75 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID
ROAD EASEMENT IS SHOWN ON COUNTY ROAD SURVEY NO. 843 WHICH IS ON FILE
IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY, SAID POINT IS
AT ENGINEERS STATION 8+88.65 PER CALTRANS LO PLAT NO. 3787; THENCE ALONG
SAID WESTERLY SIDELINE, NORTH 17'43'00" WEST, (RECORD NORTH 17'4 1'00" WEST
0262 186 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY) 160.35
FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE CONTINUING ALONG SAID WESTERLY SIDELINE AND SAID
CURVE THROUGH A CENTRAL ANGLE OF 17' 19'24", AN ARC DISTANCE OF 130.0 1 FEET
(RECORD CENTRAL ANGLE OF 17'18'50", AN ARC DISTANCE OF 129.94 FEET PER
RECORD OF SURVEY NO. 1491 1) TO THE NORTHERLY ANGLE POINT OF PARCEL 1 AS
DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 2, 1995 AS
DIEGO COUNTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID WESTERLY SIDELINE AND SAID CURVE THROUGH A CENTRAL ANGLE
OF 28'22'32", AN ARC DISTANCE OF 212.96 FEET TO AN ANGLE POINT IN THE
SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED MARCH 4,1968 AS FILE NO. 36135 OF OFFICIAL RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG
SAID SOUTHWESTERLY LINE AND A PORTION OF THE NORTHEASTERLY LINE OF
LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 7,1967
AS FILE NO. 80766 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SOUTH 30'09'09" EAST, (RECORD SOUTH 29'42'39"
FOOT RADIUS CURVE, CONCAVE EASTERLY AND THE EASTERLY SIDELINE OF SAID
60 FOOT WIDE ROAD EASEMENT FOR COUNTY HIGHWAY, A RADIAL BEARING TO
SAID CURVE BEARS NORTH 67'59'52" WEST; THENCE SOUTHERLY ALONG SAID
CURVE AND EASTERLY SIDELINE, THROUGH A CENTRAL ANGLE OF 20'55'17", AN
CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID CURVE BEARS
NORTH 75'52'49" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A
PER RECORD OF SURVEY NO. 14911, RECORDED JUNE 22, 1995 AS FILE NO. 1995-
DOCUMENT NO. 1995-0090296 IN THE OFFICE OF THE COUNTY RECORDER OF SAN
EAST PER SAID DEEDS), 73.02 FEET TO THE BEGINNING OF A NON-TANGENT 370.00
ARC DISTANCE OF 135.10 FEET TO A POINT ON A NON-TANGENT 530.00 FOOT RADIUS
K\Survey\DATA\0906\Street-Vacations\Revised St-vacation.wpd Page 1 of2 W.O. 677-0906-100
CENTRAL ANGLE OF 2"22'35", AN ARC DISTANCE OF 21.98 FEET TO NORTHEASTERLY
CORNER OF SAID PARCEL 1 PER CERTIFICATE OF COMPLIANCE RECORDED MARCH
2,1995; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 78" 13'3 8''
WEST, 56.32 FEET TO THE TRUE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
K:\Survey\DATA\0906\Street-VacationsRevised St-vacation.wpd Page 2 of 2 W.O. 677-0906-100
N 'L
3,
SW'LY LINE OF LAND
DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA,
S 30 '09'09 "E 73.02'
<S 29'42'39 "E>
67*59'52"wp>
STA TE XI-S. 0. -2-B H WY IN TERSTA TE 5 -----
NE'LY LINE OF LAND
DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA,
NORTHERLY LINE OF PARCEL 1 AS DESCRIBED IN
CERTIFICATE OF COMPLIANCE
RECORDED MARCH 2, 1995
AS DOCUMENT NO.
Y ANGLE PT. PCL 1 PER CERT. OF
TO BE VACATED
( 1 RECORD DATA PER ROS 1491 1 < > RECORD DATA PER DEED
RECORDED 6/7/1967 AS FILE NO. 80766 AND
DEED RECORDED 3/4/68
AS FILE NO. 36135
BOTH OF O.R.
ND A. MA@k 6/L.S. 5941.
STUART L. MONTGOMERY ENIDA ENCINAS 155- 1 80-02 2363 JEFFERSON ST 155-1 80-28 =ARLSBAD, CA 92008 155-180-14
STATE OF CALIFORNIA)
COUNTY OF $AN DIEGO ) ss.
I, Ronna S. Stickrod, Deputy 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. 2005-123 SUMMARILY VACATING A
PORTION OF JEFFERSON STREET, STV 04-03 (ADJ 03-14) 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 2 day of m,
2005.
RONNA S. STICKROD
DEPUTY CLERK
(SEAL)
H:\Certifications\Certification RS.doc