HomeMy WebLinkAbout2008-03-04; City Council; Resolution 2008-059RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2008-0123767
MAR 10, 2008 10:32 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
RESOLUTION NO 2008-059
SUMMARILY VACATING A PORTION OF
CHESTNUT AVENUE STV 07-07
Map No. 1681
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RESOLUTION NO. 2008-059
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
OF CHESTNUT AVENUE. STV 07-07.
4
WHEREAS, Mark E. Gardner and Marita Gardner, husband and wife, have submitted a
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request to vacate a portion of Chestnut Avenue over a portion of the Southwesterly half of the
6 following described parcel of land: All of Tract 221 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of
rt0 the County Recorder of San Diego County, December 9, 1915. Excepting from said Tract 221; the
Southwest 100 feet. Also excepting the Northeast 10 feet thereof; and
10 WHEREAS, Chestnut Avenue is defined as a "street" per Section 8308 of the California
11 Streets and Highways Code; and
12 WHEREAS, the portion of street to be vacated is excess right-of-way not required for
street or highway purposes; and
WHEREAS, the excess right-of-way provides no public street purpose and would not be14
useful as a non-motorized transportation facility; and
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WHEREAS, the vacation of this excess right-of-way will result in approximately
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550 square feet of land being returned to the tax rolls; and
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WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets
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and Highways Code; and
19 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
20 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 pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the26
sake of clarity in Exhibit B, shall be summarily vacated.
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3. 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.
4. That upon recordation of this Resolution at the Office of the County Recorder,
this easement 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 4th day of March, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
, CiTy Clerk
EXHIBIT "A"
CHESTNUT AVENUE
STREET VACATION
(srv 01-0-7)
THAT PORTION OF CHESTNUT AVENUE IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY POINT OF TRACT 221 OF THUM
LANDS, ACCORDING TO SAID MAP NO. 1681, SAID POINT BEING A
POINT ON THE NORTHWESTERLY LINE OF SAID CHESTNUT AVENUE;
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55°27'00" EAST,
100.00 FEET TO THE MOST SOUTHERLY POINT OF LAND DESCRIBED
IN DEED TO MARK E. GARDNER AND MARITA GARDNER, IN DOCUMENT
RECORDED SEPTEMBER 14, 2006 AS FILE NO. 2006-0656368, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF CHESTNUT
AVENUE NORTH 55°27'00" EAST, 55.00 FEET MORE OR LESS TO THE
MOST EASTERLY CORNER OF SAID GARDNER LAND; THENCE LEAVING
SAID NORTHWESTERLY LINE OF CHESTNUT AVENUE SOUTH 34°33'00"
EAST, 10.00 FEET; THENCE SOUTH 55°27'00" WEST, 55.00 FEET
MORE OR LESS TO A POINT THAT IS SOUTH 34°33'00" EAST, 10.00
FEET FROM SAID TRUE POINT OF BEGINNING.
AREA = 550 SQUARE FEET MORE OR LESS
LEGEND:rnAcr
NO, 224
STREET VACATION
AREA= 550 SF
• PROPERTY LINE
LOT LINE
THACT
NO, 220
PORTION OF CHESTNUT AVENUE IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CAUFOmHA, ACCOKOm TO
MAP THEREOF NO. 1681, RLED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 9, 1915.
OTY OF OCEANSDE
SITE
QTY OF BKMTAS
VICINITY MAP
NO SCALE
BASIS Of BEARINGS
THE BASIS OF BEARING FOR THIS PLAT IS
THE NORTHWESTERLY UNE OF CHESTNUT AVEHUE
AS SHOm ON MAP 1681, I.E. N55'27'00"E
CONS
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odaycorfsultants.corn
Civil Engineering
Planning
Processing
Surveying
EXHIBIT 'B'SHT. 1
STV 07-07
OF 2 SHTS.
CITY OF CARLSBAD: STREET VACATION
REQUESTED BY:
GARDNER CONSTRUCTON &
DEVELOPMENT
490 ALABAMA ST. SUITE 101
REOLANOS, CA 92373 R.€.E. 272f4 EXP. 3/31/09
A.p.N. 204-132-06
DATE 10-09-07
G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10:41am
Xrefs: 0712MAP
\
\
\\
\
GARDNER LAND
\ APN 204-132-06
\
EASEMENT DATA TABLE
DELTA/BEARING
N 55'2700 E
S 34'JJ'OO" E
S 55'2700 W
4 N 34-33'QQ
RADIUS LENGM
55.00'
10.00'
55.00'
10.00'
\\221
MAP \
\1881 \
\
CONSULT A^N T S
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931 -7700
Fax: 760-931-8680
www.odayconSuttants.com
Civil Engineering
Planning
Processing
Surveying
EXHIBIT 'B'
SCALE: 1" = 40'
STV 07-07
SHT. 2 OF 2 SHTS.
CITY OF CARLSBAD: STREET VACATION
REQUESTED BY:
GARDNER C0NSTRUCTON &
DEVELOPMENT
490 ALABAMA ST. SUITE 101
REDLANDS, CA 92373
PREPARED BY:
PATR1C
27214 EXP. 3/31/09
A.P.N. 204-132-06
DATE 10-09-07
G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10:41am
Xrefs: 0712MAP
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. 2008-059. SUMMARILY VACATING A PORTION OF
CHESTNUT AVENUE. STV 07-07. 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 5th day of
March, 2008.
SZ1ERPEP
(SEAL)
1
RESOLUTION NO. 2008-059
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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OF CHESTNUT AVENUE. STV 07-07.
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WHEREAS, Mark E. Gardner and Marita Gardner, husband and wife, have submitted a
5
request to vacate a portion of Chestnut Avenue over a portion of the Southwesterly half of the
6 following described parcel of land: All of Tract 221 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of
8 the County Recorder of San Diego County, December 9, 1915. Excepting from said Tract 221; the
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
Southwest 100 feet. Also excepting the Northeast 10 feet thereof; and
WHEREAS, Chestnut Avenue is 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, the excess right-of-way provides no public street purpose and would not be14
useful as a non-motorized transportation facility; and
15
WHEREAS, the vacation of this excess right-of-way will result in approximately
16
550 square feet of land being returned to the tax rolls; and
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WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets
18
and Highways Code; and
19 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
20 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 pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the26
sake of clarity in Exhibit B, shall be summarily vacated.
28
1 3. The City Clerk is directed to record this resolution, the attached legal description
2 and plat in the Office of the County Recorder of San Diego County.
4. That upon recordation of this Resolution at the Office of the County Recorder,
this easement no longer constitutes a public street.
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III
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 4th day of March, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
TLAUDEW
ATTEST:
D, City Clerk
EXHIBIT "A"
CHESTNUT AVENUE
STREET VACATION
(srv
THAT PORTION OF CHESTNUT AVENUE IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:'
BEGINNING AT THE MOST SOUTHERLY POINT OF TRACT 221 OF THUM
LANDS, ACCORDING TO SAID MAP NO. 1681, SAID POINT BEING A
POINT ON THE NORTHWESTERLY LINE OF SAID CHESTNUT AVENUE;
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55°27'00" EAST,
100.00 FEET TO THE MOST SOUTHERLY POINT OF LAND DESCRIBED
IN DEED TO MARK E. GARDNER AND MARITA GARDNER, IN DOCUMENT
RECORDED SEPTEMBER 14, 2006 AS FILE NO. 2006-0656368, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF CHESTNUT
AVENUE NORTH 55°27'00" EAST, 55.00 FEET MORE OR LESS TO THE
MOST EASTERLY CORNER OF SAID GARDNER LAND; THENCE LEAVING
SAID NORTHWESTERLY LINE OF CHESTNUT AVENUE SOUTH 34°33'00"
EAST, 10.00 FEET; THENCE SOUTH 55°27'00" WEST, -55.00 FEET
MORE OR LESS TO A POINT THAT IS SOUTH 34°33'00" EAST, 10.00
FEET FROM SAID TRUE POINT OF BEGINNING.
AREA = 550 SQUARE FEET MORE OR LESS
LEGEND:
STREET VACATION
AREA= 550 SF
PROPERTY LINE
— LOT LINE
v NO, 224
THtiM
TXACT
NO, 220
1681
TRACT NO, 225
PORTION OF CHESTNUT AVENUE IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1681, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 9, 1915.
an OF
SITE
NOT T0\\
SCALE
\
PACIFIC
OCEAN
an OF
SAN IMKCOS
VICINITY MAP
BASIS OF BEARINGS:
THE BASIS OF BEARING FOR THIS PLAT IS
THE NORTHWESTERLY LINE OF CHESTNUT AVENUE
AS SHOWN ON MAP 1681, I.E. N55m27'00'E
NO SCALE
C 0 N S U
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
EXHIBIT 'B'SHT. 1
SJV 07-07
OF 2 SHTS.
CITY OF CARLSBAD: STREET VACATION
REQUESTED BY:
GARDNER CONSTRUCTON &
DEVELOPMENT
490 ALABAMA ST. SUITE 101
REOLANDS, CA 92373
PREPARED BY:
PATRI
R.C.E. 272T4 EXP. 3/31/09'
A.P.N. 204-132-06
DATE 10-09-07
G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10: 41 am
Xrefs: 0712MAP
EASEMENT DATA TABLE
DELTA/BEARING
N 55'2700 E
S 34'3300" E
S 55'2700 WGARDNER LAND
\ APN 204-132-06
\
N J4'J3W W
CONSULT
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
40
SCALE: 1" = 40'
STV 07-07
SHT. 2 OF 2 SHTS.EXHIBIT 'B
CITY OF CARLSBAD: STREET VACATION
PREPARED BY:
PATRIOT
REQUESTED BY:
GARDNER CONSTRUCTON &
DEVELOPMENT
490 ALABAMA ST. SUITE 101
REDLANDS, CA 92373
A.P.N. 204-132-06
DATE 10-09-07R.C.E. 27214 EXP. 3/31/09
G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10:41am
Xrefs: 0712MAP
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. 2008-059. SUMMARILY VACATING A PORTION OF
CHESTNUT AVENUE. STV 07-07. 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 5th day of
March, 2008.
SHERR/FREISINGER
f&PUT^
(SEAL)
'"t,,,*^