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HomeMy WebLinkAbout1990-05-08; City Council; 10615; VACATION OF A PORTION OF BLACK RAIL COURTVACATION OF A PORTION OF RECOMMENDED ACTION: Adopt Resolution No. '@-/3/ to summarily vacate a portion of Black Rail Court. ITEM EXPLANATION: Aviara Land Associates has requested the vacation of a portion of Black Rail Court. The portion requested to be vacated lies southeasterly of the proposed Alga Road extension, within the Aviara Project. Black Rail Court is dedicated but as yet unconstructed. The applicant proposes to dedicate a realigned Black Rail Court by a Parcel Map, which is being processed as Minor Subdivision No. 834. If approved, the vacation would allow the Aviara Project developers to adjust lot lines and re-align Black Rail Court to achieve a better project design. This action meets the requirements of a summary vacation because the street has not been constructed. The proposed vacation is in substantial conformance with the tentative map and master plan for the Aviara Project. Utility companies have been notified. No opposition to this request has been received. * \ \ 49 FISCAL IMPACT. Approval of this vacation will result in approximately .43 acres of land to be returned to the 1. Vicinity Map. Q LeJ 2. Letter of Request L.T a 3. Resolution No. @43/ to summarily vacate a portion of Black Rail Court. ~ 6 3 .. z 0 E 5 a z 3 0 0 PROJECT SITE BLACKRAIL DEDICATION 4 BATlQUlTOS LAGOON BLACK RAIL COURT STREET VACATION 0 0 January 22, 1990 Clyde Wickham City of Carlsbad 2075 La P;ilrr.as Drive Carlsbad, CA 92009 Subject: Dear Clyde: In connection with our construction at Aviara, we are realigning a portion of Black Rail Court. We are currently processing a tentative parcel map reflecting this change. We hereby request that the right-of-way in the old alignment be vacated by the City, as it is no longer needed. Submitted herewith is a package of documents detailing the requested vacation. Thank you for your assistance. Please feel free to call me if you have questions or Black Rail Court - Street Vacation discuss this matter further. CRN/lao EXHIBIT 2 blkrail.aco 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 90-1 3 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN EASEMENT OVER A PORTION OF BLACK RAIL COURT. WHEREAS, a request has been made to vacate a portion of Black Rail Court, and WHEREAS, that easement previously dedicated contains no public facilities 01 appurtenances, and WHEREAS, the easement previously dedicated provides no useable access to the adjoining property, and WHEREAS, no street improvements have been constructed on the easement previous11 dedicated; 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 Chapter 1050 of the California Street and Highways Code, saic easement, more particularly described in Exhibit A and shown for the sake of clarity on Exhibit B be summarily vacated. /// /// /I/ /// /// /// /// /// /// /// 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 0 m 3. The City Clerk is authorized to record this resolution concurrently with or after the recordation of Minor Subdivision No, 834 in the office of the County Recorder of San Diego County. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of fiy , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: None ABSENT: Council Member Pettine &/[dl ATTEST: CLAUDE A. LE S, Mayor - ALETHA L. MUTE (sw) I 3OJECT NAME: PROJECT NO.. EXHlSlT A I ,. .. CITY OF CARLSBAD TRACT 85-35 UNIT E MAP NO. 12413 LEGEND r-.-) rmrcA TES s TREE r VA CA rroN 0.4275 ACRES CURVE TABLE C5 16'31 '19" 90.00' 25.95' C6 59'55 '27; 330.00 ' 345. 14 ' C7 8'40 '16 300.00 ' 45.40 ' C8 40'14'43; 380.00' 266.92' C9 111 '43 '10 50.000 ' 97.49 ' C10 72'38'19'' 50.00' 63.39: C11 5'13:56: 380.00' 34.70 C1Z 15'13 41 380.00' 101.00' C13 10'43'14" 380.00' 71.10' C14 16'31 136 : 380.00 ; 109.61 ' C15 23'43,07 ll 380.00 157.31 ; C16 112'32 42 50.00' 98.21 C17 21'47'12.; 200.00' 76.05: C18 28'41'11 50.00 ' 25.03 .. .. .. .. .. .. .. .. . .... Pa f.~logf.s 401 Yest *A* S:r*d. SUltr 2500 SM DlrOO CollfOrnl8 92101 Td: (619) 232-4466 % I/ 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Carlsbad Carlsbad, CA 92008 RESOLUTION NO. '1268 Elm Avenue 90-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN EASEMENT - OVER A PORTION OF BLACK RAIL COURT. WHEREAS, a request has been made to vacate a portion of Black Rail Court, and WHEREAS, that easement previously dedicated contains no public facilities o appurtenances, and WHEREAS, the easement previously dedicated provides no useable access to the adjoinin1 property, and WHEREAS, no street improvements have been constructed on the easement previous1 dedicated; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbac California, as follows: 1. 2. That the above recitations are true and correct. That, pursuant to Chapter 1050 of the California Street and Highways Code, sai easement, more particularly described in Exhibit A and shown for the sake of clarity on Exhibit I be summarily vacated. /// /// /// /// /// /// /// /// /// /// \ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 a 0 590 3. The City Clerk is authorized to record this resolution concurrently with or after the recordation of Minor Subdivision No. 834 in the office of the County Recorder of San Diego county. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of May , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: None ABSENT: Council Member Pet t ine &L[L ATI'EST: CLAUDE A. LE S, Mayor ALETHA L. MUTE (sm) I PROJECT NO.. ~ROJECT NAME BLACKRAIL COURT STREET VACATION PR 6.96 EXHlelT A I il24 CITY OF CARLSBAD TRACT 85-35 UNIT E MAP NO. 12413 LEGEND VI INDICA TES STREET VACA rroN .O. 4275 ACRES 16'31 '19" 90.00; 59°55t27u 330.00 3 8'40 :I6 :: 300.00 ' 40°14 43 380.00: 2 72'30'19; 50.00' 5'13 '56 380.00 ' 15'13 ;4lu 380.00' 1 10'43 14" 380.00' 111 O4.3 '40'' 50.080 ,. .. .. .. .. . ... pi0 TOW~O#;*S 401 &st *A' Stree: &!(e 2500 SM ~iep caiirornh moi 1.1: (629) 232-4464 0 593 a 1 , STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. I. Karen Kundtz Ass is t an- . . (,It? (fvrk of tlie (;it\.. of (:tt~kl)atl, (:oltiity of Sati I)icyy), Stat(% of (:aIifortii;i. Ii(~(~1)~~ c.c,r-tify tliat I Ii;ivci coitipiircd the fort,goirig copy with tlw origitiiii Resolu.tion.. 90-131 Ixisscd anti a(1optc1c1 i)>. saic] (:it>. (;otiitciI. at ..... .~e.~l?r...... .... itiwting tIi(wvf, at tlw tiitic iirict ~)y tile vote tlrcwbiri 5tatc.d. wliich origiiial .. Re.Sol~t.iOn ............ is iiow on filc in iti?. otFiccb: tltat thr sitiiw r.ontairis a fiill, trii(b :it iti cwxbc.t tr;itisc.ript tiicwh)iri ;iid of tfw wholt~ tltc.reof. \Vitiws iii>’ It;tiid ;iid tlic. scd of snit1 City of (:arlsl)ad, tliis ...... 9%. tLiy ot ............... d$&&-/ ..~ ........................... /79/ ...... .& ............................ ( Sf...\l, I is/& Ass ‘st ant :it Clc