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Home My WebLink About2008-08-08; City Council; Resolution 2008-226RE-RECORDED DQC# 2008-0504689 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 SEP 24, 2008 9:07 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH COUNTY RECORDER FEES: 48.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE RE-RECORDED City of Carlsbad CERTIFIED COPY OF RESOLUTION NO. 2008-226 Summarily Vacating a Portion of Pine Avenue (STV 08-01) Re-record to correct Document No. 2008-0425728 of August 8, 2008 In the Resolution Portion of Document No. 2008-0425728, no Council Members are reflected as absent. The corrected Resolution reflects Council Member Hall as absent. 14 1 RESOLUTION NO. 2008-226 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 19 20 21 22 23 25 26 27 28 OF PINE AVENUE. STV 08-01. 4 WHEREAS, Thomas and Jennifer Vogel, have submitted a request to vacate a portion of 5 Pine Avenue over a portion of Lot 16, Block 41 of the Amended Map of The Town of Carlsbad, in 6 the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, 7 8 WHEREAS, Pine Avenue is defined as a "street" per Section 8308 of the California CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION filed in the Office of the County Recorder of San Diego County, February 15,1894; and WHEREAS, Pine Aven 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 and Highways Code; and 10 11 12 13 „ WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 14 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 15 interest to vacate said easement. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 18 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 the sake of clarity in Exhibit B, shall be summarily vacated. 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 County Recorders, this easement no longer constitutes a public street. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5™ day of August, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Council Member Hall. MIDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, CrtyClerk7 (SEAL) EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION (STV 08-01) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THAT PORTION OF PINE AVENUE AS SHOWN ON AMENDED MAP OF THE TOWN OF CARLSBAD, MAP NO. 775, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.00 FEET OF PINE AVENUE ADJOINING LOT 16, BLOCK 41 OF SAID MAP NO. 775. CONTAINS 1,400 SQUARE FEET MORE OR LESS. CHRIS CIREMELE, LS 5267 BEST COPY VICINITY MAP INDICATES PORTION OF PINE AVENUE TO BE VACATED AREA = 1,400 SO. FT. PROPERTY BOUNDARY STREET VACATION BOUNDARY STREET CENTERLINE 40.00' EXISTING ROW PINE JO. 00' PROPOSED ROW 20.00' STREET 5.50' - 10.00' D=r L SHEET 1 OF 2 p/0 No. LS 5267? 1*1 Exp. 12-31-09 y* / ss s COPY PINE STREET SECTION AND PROPOSED ROW •PROPOSED VACATION VACATION PLAT CITY OF CARLSBAD APPLICANT: THOMAS E. AND JENNIFER J. VOGEL PREPARED BY: CHRIS D. CIREMELE DATE LS. NO. 5267 EXP. 12/31/09 PROJECT: 635 PINE AVENUE CARLSBAD, CA. 92008 APN 204-082-01 EXHIBIT B UJ LU Oo 40.00'- SHEET 2 OF 2 -£ PINE AVENUE N55'26'56"E ^^PROPOSED ROW PROPOSED 10' ROW VACATION . , , N55'26'56"E J ^~ //J "0.00' •N55'26'56*E\ 140.00' —~^ EXISTINGLOT 16 LOT 15 N55'26'56"E 140.00' Q_ LOT 14 20.00 LOTS 17 & 18 BEST COPY 120' 1 INCH = 40' FEET AREA OF PROPOSED VACATION BASIS OF BEARING: CENTERLINE OF PINE AVENUE BEARING N.55' 26' 56"E. VACATION PLAT CITY OF CARLSBAD APPLICANT: THOMAS E. AND JENNIFER J. VOGEL PREPARED BY: CHRIS D. CIREMELE DATE L.S. NO. 5267 EXP. 12/31/09 PROJECT: 635 PINE AVENUE CARLSBAD, CA. 92008 APN 204-082-01 EXHIBIT B 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. 2008-226. SUMMARILY VACATING A PORTION OF PINE AVENUE (STV 08-01). 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 18th day of September, 2008. CRRY: DEPUTY (SEAL) JEISINGER ,ERK u 6676 DGC# RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 AUG 08, 2008 2:57 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH COUNTY RECORDER FEES: 27.00 PAGES: 111 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Certified Copy of Resolution No. 2008-226 Summarily Vacating a Portion of Pine Avenue (STV 08-01) COPY 6677 RESOLUTION NO.2008-226 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF PINE AVENUE. STV 08-01. WHEREAS, Thomas and Jennifer Vogel, have submitted a request to vacate a portion of Pine Avenue over a portion of Lot 16, Block 41 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; and WHEREAS, Pine 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, this vacation is made pursuant to Section 8334(a) of the California Streets and Highways Code; and WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; 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 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 the sake of clarity in Exhibit B, shall be summarily vacated. 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 County Recorders, this easement no longer constitutes a public street. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6678PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of August. 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard NOES: None ABSENT: None ATTEST: "- EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION (STV 08-01) 6679 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THAT PORTION OF PINE AVENUE AS SHOWN ON AMENDED MAP OF THE TOWN OF CARLSBAD, MAP NO. 775, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.00 FEET OF PINE AVENUE ADJOINING LOT 16, BLOCK 41 OF SAID MAP NO. 775. CONTAINS 1,400 SQUARE FEET MORE OR LESS. • 4-' ¥•( CHRIS CIREMELE, LS 5267 n/0 No. LS 5267 Exp. 12-31-09 BEST COPY SHEET 1 OF 2 VICINITY MAP INDICATES PORTION OF PINE AVENUE TO BE VACATED AREA = 1,400 SO. FT. PROPERTY BOUNDARY STREET VACATION BOUNDARY STREET CENTERLINE 40.00' EXISTING ROW PINE 30.00' PROPOSED ROW 20.00' 5.: - 10.00' D=r L PINE STREET SECTION AND PROPOSED ROW PROPOSED VACATION VACATION PLAT CITY OF CARLSBAD APPLICANT: THOMAS E. AND JENNIFER J. VOGEL PREPARED BY: CHRIS D. CIREMELE DATE L.S. NO. 5267 EXP. 12/31/09 PROJECT: 635 PINE AVENUE CARLSBAD, CA. 92008 APN 204-082-01 EXHIBIT B SHEET 2 OF 2 6681 STREELTROOS_ £ PINE AVENUE N55'26'56"E ^PROPOSED ROW § 40.00'— PROPOSED 10' ROW VACATION § 740.00' EXISTING ROW^fl 140.00' CL LOT 14 CM y/ BEST COPY 1 INCH = 40' FEET AREA OF PROPOSED VACATION BASIS OF BEARING: CENTERLINE OF PINE AVENUE BEARING N.55* 26' 56"E. ' VACATION PLAT CITY OF CARLSBAD APPLICANT: THOMAS E. AND JENNIFER J. VOGEL PREPARED BY: / /V.x... V- CHRIS D. CIREMELE DATE LS. NO. 5267 EXP. 12/31/09 PROJECT: 635 PINE AVENUE CARLSBAD, CA. 92008 APN 204-082-01 EXHIBIT B /f 6682 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Karen R. Kundtz, Assistant 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. 2008-226 - Summarily Vacating a Portion of Pine Avenue (STV 08-01) , with the original now on file in the Office of the City Clerk of the City of Carlsbad; and 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 6th day of August, 2008. KAfcEN>R. ASSISTANT CITY CLE (SEAL)