HomeMy WebLinkAbout2008-02-12; City Council; Resolution 2008-038RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DQC# 2008-0083860
FEB19, 2008 4:14 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
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PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO. 2008-038
SUMMARILY VACATING A PORTION OF MADISON
STREET AND OAK AVENUE, STV 06-07
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RESOLUTION NO. 2008-038
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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OF MADISON STREET AND OAK AVENUE. STV 06-07.
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WHEREAS, Russell Lee Bennett, a single man, has submitted a request to vacate a
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portion of Madison Street and Oak Avenue over a portion of lots 11 through 16, Block 47 of the
6 Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to
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/Exhibit
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15,
8 1894; and
WHEREAS, Madison Street and Oak Avenue are defined as a "street" per Section 8308
of the California Streets and Highways Code; and
WHEREAS, the portion of street to be vacated is excess right-of-way not required for
street or highway purposes; and
WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets
g
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and Highways Code; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
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WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
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interest to vacate said easement.
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
18 California, as follows:
19 1. That the above recitations are true and correct.
20 2. Easements and rights necessary to maintain, operate, replace, remove or renew
21 in-place public utility facilities are reserved and excepted from the vacation.
22 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
23 Highway Code, said excess right-of-way 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
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and plat in the Office of the County Recorder of San Diego County.
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5. That upon recordation of this Resolution at the County Recorders, this easement
27 no longer constitutes a public street.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of February, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Hall.
-EWI6, Mayi
ATTEST:
EXHIBIT A
Public Street Vacation
STY 06- 07
Parcel 1: Oak Avenue
That portion of Oak Avenue in Block 47 of THE AMENDED MAP OF THE TOWN OF
CARLSBAD, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 775, filed in the office of the County Recorder of San
Diego County, February 15, 1894, described as follows:
BEGINNING at the most northerly corner of Lot 16 of said Map; thence South 55°27'
West 140.00 feet along the northerly boundary of Lot 16 to the most westerly corner of
Lot 16; thence North 10°27' East 7.07 feet to a line parallel with and 5.00 feet northerly
measured at right angles from said northerly boundary; thence along said parallel line
North 55°27' East 135.00 feet to the northerly extension of the easterly line of Lot 16;
thence along said extension South 34°33' East 5.00 feet to the POINT OF
BEGINNING.
Easements and rights necessary to maintain, operate, replace, remove, or renew in
place public utility facilities are reserved and excepted from the vacation.
Parcel 2: Madison Street
That portion of Madison Street (formerly Third Street) in Block 47 of THE AMENDED
MAP OF THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 775, filed in the office of the County
Recorder of San Diego County, February 15, 1894, described as follows:
BEGINNING at the most Southerly corner of Lot 11 of said Map; thence North 34°33'
West 150.00 feet along the westerly boundaries of Lots 11, 12, 13, 14, 15, and 16 to
the most westerly corner of Lot 16; thence South 10°27' West 7.07 feet to a line parallel
with and 5.00 feet westerly measured at right angles from said westerly boundary;
thence along said parallel line South 34°33' East 145.00 feet to the westerly extension
of the southerly line of Lot 11; thence along said extension North 55°27' East 5.00 feet
to the POINT OF BEGINNING.
Easements and rights necessary to maintain, operate, replace, remove, or renew in
place public utility facilities are reserved and excepted from the vacation.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
As more particularly shown on Exhibit "B"
attached hereto and by this reference
made a part hereof. //•iW" ^VoVP/Q ?y\
* EXPIRES 12-31-08 |*|
Signature: V_O*_^(^_ \l \ff fo\
Dan Hooper, LS 7249 VV No 72^
License Expires 12/31/08 N^toF-M*^
Date: January 28, 2008 ^ C ^
EXHIBIT B
(STV 06- 07)
PUBLIC STREET VACATION
0 20 40
SCALE: 1 "=40'
VICINITY MAP
NO SCALE
CITY OF CARLSBAD
Portion of street to be
vacated and reserved for
public utility facilities
Location: Madison Street & Oak Avenue, Carlsbad
Owner. Russell Bennett
Type of Survey: Public Street Vacation
APN: 204-031-01, 02, 03 & 04
FOB Point of Beginning
Parcel 1 = 687.5 s.f.
Parcel 2 = 737.5 s.f.
Conway & Associates, Inc.753-1453
2525 Pio Pico Drive • Suite 102 • Carlsbad, CA 92008
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, 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. 2008-038, SUMMARILY VACATING A PORTION OF
MADISON STREET AND OAK AVENUE. STV 06-07. 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 13th day of
February, 2008.
7
1
RESOLUTION NO. 2008-038
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
OF MADISON STREET AND OAK AVENUE. STV 06-07.
4
WHEREAS, Russell Lee Bennett, a single man, has submitted a request to vacate a
5
portion of Madison Street and Oak Avenue over a portion of lots 11 through 16, Block 47 of the
6
Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to
8 1894; and
c(
map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15,
WHEREAS, Madison Street and Oak Avenue are defined as a "street" per Section 8308
of the California Streets and Highways Code; and
WHEREAS, the portion of street to be vacated is excess right-of-way not required for
street or highway purposes; and
WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets
9
10
11
12
13
and Highways Code; and14
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
15
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
16 interest to vacate said easement.
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
18 California, as follows:
1. That the above recitations are true and correct.
20 2. Easements and rights necessary to maintain, operate, replace, remove or renew
21 in-place public utility facilities are reserved and excepted from the vacation.
22 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
23 Highway Code, said excess right-of-way 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
25
and plat in the Office of the County Recorder of San Diego County.
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5. That upon recordation of this Resolution at the County Recorders, this easement
27 no longer constitutes a public street.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of February, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Hall.
LEWIS, Maytfr
ATTEST:
sj£ M. W£)0D, City Clerk
EXHIBIT A
Public Street Vacation
STV06- 07
Parcel 1: Oak Avenue
That portion of Oak Avenue in Block 47 of THE AMENDED MAP OF THE TOWN OF
CARLSBAD, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 775, filed in the office of the County Recorder of San
Diego County, February 15, 1894, described as follows:
BEGINNING at the most northerly corner of Lot 16 of said Map; thence South 55°27'
West 140.00 feet along the northerly boundary of Lot 16 to the most westerly corner of
Lot 16; thence North 10°27' East 7.07 feet to a line parallel with and 5.00 feet northerly
measured at right angles from said northerly boundary; thence along said parallel line
North 55°27' East 135.00 feet to the northerly extension of the easterly line of Lot 16;
thence along said extension South 34°33' East 5.00 feet to the POINT OF
BEGINNING.
Easements and rights necessary to maintain, operate, replace, remove, or renew in
place public utility facilities are reserved and excepted from the vacation.
Parcel 2: Madison Street
That portion of Madison Street (formerly Third Street) in Block 47 of THE AMENDED
MAP OF THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 775, filed in the office of the County
Recorder of San Diego County, February 15, 1894, described as follows:
BEGINNING at the most Southerly corner of Lot 11 of said Map; thence North 34°33'
West 150.00 feet along the westerly boundaries of Lots 11, 12, 13, 14, 15, and 16 to
the most westerly corner of Lot 16; thence South 10°27' West 7.07 feet to a line parallel
with and 5.00 feet westerly measured at right angles from said westerly boundary;
thence along said parallel line South 34°33' East 145.00 feet to the westerly extension
of the southerly line of Lot 11; thence along said extension North 55"27' East 5.00 feet
to the POINT OF BEGINNING.
Easements and rights necessary to maintain, operate, replace, remove, or renew in
place public utility facilities are reserved and excepted from the vacation.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
As more particularly shown on Exhibit "B"
attached hereto and by this reference
made a part hereof.
Signature:
Dan Hooper, LS 7249
License Expires 12/31/08
Date: January 28, 2008
EXHIBIT B
(STV 06- 07)
PUBLIC STREET VACATION
0 20 _40
SCALE: 1 "=40'
VICINITY MAP
NO SCALE
CITY OF CARLSBAD
Portion of street to be
vacated and reserved for
public utility facilities
Location: Madison Street & Oak Avenue, Carlsbad
Owner Russell Bennett
Type of Survey: Public Street Vacation
APN: 204-031-01, 02, 03 A 04
POB Point of Beginning
Parcel 1 = 687.5 s.f.
Parcel 2 - 737.5 s.f.
Conway & Associates, Inc.753^453
2525 Pio Pico Drive • Suite 102 • Carlsbad, CA 9200B