HomeMy WebLinkAbout1985-01-22; City Council; 8012-1; Street Vacation: Elm Ave & Appian RdCITY- F CARLSBAD - AGENDP -ILL
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TITLE: STREET VACATION ON A
PORTION OF ELM AVENUE AND A
PORTION OF APPIAN ROAD -_ CITY MOR. 4 '
RECOMMENDED ACTION:
Adopt Resolution No. 7p73 vacating a portion of Elm Avenue
and a portion of Appian Road.
ITEM EXPLANATION:
The City Council on January 8, 1985, adopted Resolution No.
7869, a resolution of intention to vacate a portion of Elm Avenue and a portion of Appian Road. The City Council set
January 22, 1985, at the hour of 6:OO P.M. as the time and the
City Council Chambers, 1200 Elm Avenue, as the place for a public
hearing for all persons interested in or objecting to said
proposed vacation. The utility companies were notified. Street
improvements are in place and no conditions need be imposed.
It was the developer's intent to vaLate portions of Elm Avenue
and Appian Road as part of the minor subdivision approved for
these properties. Because approval of a minor subdivision does
not include a formal public hearing and because a public hearing
is required by state law as part of the process for vacating
future right-of-way, this action is being taken. All necessary
right-of-ways for Appian Road and Elm Avenue were dedicated as
part of the minor subdivision. The vacation of the old right-of-
way is necessary to remove any cloud from the titles of the lots
in this area.
FISCAL IMPACT:
Approval of this vacation will result in approximately 21,000
square feet of land to be returned to the tax rolls.
EXHIBITS:
I./ Vicinity Map.
2.v Map showing right of way dedication and portion to be
abandoned.
3. Resolution No. 7R 93 vacating a portion of Elm Avenue and a portion of Appian Road.
LOCATION MAP
ITV YAP BOOK PAOI
MOIIICT WAYC pRodo IX HI6 I T MOO 11 STREET VACATION - Elm Avenue & Appian Road
LOCATION MAP
ZITV YAP BOOK PAOE
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&cording ~iec
City Clerk
1200 "A?, Aver mlsbad, CA
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1855
RESOLUTION NO. . 7893 32008
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, VACATING A PORTION
OF ELM AVENUE AND A PORTION OF APPIAN ROAD.
The City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That all publication and posting notices regarding the proposed
vacation of a portion of Elm Avenue and a portion of Appian Road pursuant to
Resolution of Intention No. 7869 have been given as required by law.
2. That the City Council did hear the evidence offered by all persons
interested in said proposed vacation and does find from all the evidence
submitted that a portion Elm Avenue and a portion of Appian Road in the City
of Carlsbad, State of California, particularly described on Exhibit "A",
attached :,ereto and by tnis reference incorporated herein, is unnecessary
for present or prospective street purposes and does hereby make this order
vacating said portion of Elm Avenue and portion of Appian Road.
3. The City Clerk is instructed to record this Resolution of
Vacation .
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held the a day of ~azltl;lrv I
1985, by the following vote, to wit:
AYES: Wuncil Members Casler, Imis, Kulchin, Chick and Fettine
NOES: me
ABSENT: NO-
ATTEST : MARY H. C#ER, Mayor
ALETHA L. RAUTE
(SEAL 1
4
1856
Ex h i b i t "A"
Those portion of Parcels 1, 2 and 3 in the City of Carlsbad,
County of San Diego, State of California, as shown at Page 10978 of
Parcel Maps, filed in the Office of the County Recorded of San Diego
County, February 11, 1981, defined as follows:
Beginning at the most Easterly corner of said Parcel 3 being
also a point on the Southeasterly line of Road Survey 745 also known
as Elm Avenue also known as Appian Road lying Northwesterly and
adjoining lot 39 of Carlsbad Tract 76-2, according to Map thereof
No. 8581, filed in the Office of the County Recorder of San Diego
County, May 24, 1977; Thence along the Northwesterly line of said
Map No. 8581, South 59'43'16" West to the Westerly boundary of said
Parcel 1; Thence Northerly along the Westerly boundary of said Parcels
1 and 2 to the Southeasterly line of Parcel 4 as shown at Page 7990
of Parcel Maps; filedin tho, Office of the County Recorder of San Diego
County, October 27, 1978; Thence along said Southeasterly line of
Parcel 4 North 59'43'16'' East ( Record North 58O52'47" East) to the
Northerly boundary of said Parcel 3; Thence Easterly along said
Northerly boundary to the Point of Beginning.
1837 85-04349
1985 FEB -6 ?# 2: 06
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