HomeMy WebLinkAbout1993-11-16; City Council; 12474; RESOLUTION TO SUMMARILY VACATE A PORTION OF CRESSA COURT - PR 6.1099 0 E a a
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1. Location Map.
2. Resolution No.93-3’3 to summarily vacate a portion of Cressa Court in Planning
Area 14 of Aviara.
3. Application
NOT TO SCALE
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RESOLUTION NO. 93-31 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SUMMARILY VACATING AN EASEMENT OVER A PORTION
OF CRESSA COURT IN PLANNING AREA 14 OF AVIARA
WHEREAS, a request has been made to vacate a portion of Cressa Court in Planning
Area 14 of Aviara; and
WHEREAS, the cul-de-sac of Cressa Court was realigned to a position west of the original
road alignment and,
WHEREAS, the realignment created a surplus area of right- of-way along the easterly end
of Cressa Court in excess of that required pursuant to current or future needs and,
WHEREAS, all public road improvements will be made adjacent to the excess right-of-way
in conformance with City standards and the requirements of the Growth Management Program
and,
WHEREAS, the vacation of this area is consistent with the General Plan, and
WHEREAS, the vacation of this excess right-of-way will result in approximately 479 square
feet of land being returned to the tax rolls and,
WHEREAS, the excess right-of-way provides no public purpose, would not be useful as
a non-motorized transportation facility or provide usable access to adjoining properties and,
WHEREAS, the excess right-of-way has not been maintained as a public right-of-way for
a period of five years or more;
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.
Easements and rights necessary to maintain, operate, replace, remove 01
renew in-place public utility facilities are reserved and excepted from the vacation.
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3. . That, pursuant to Division 9, Part 3, Chapter 4 of the California Street and
Highways Code said excess right-of-way more particularly described as Exhibit A, and shown for
the sake of clarity on Exhibit B, be summarily vacated.
4. The City Clerk is directed to record this resolution in the office of the
County Recorder of San Diego County.
5. From the date the resolution is recorded in the County Recorder’s office,
the area vacated no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 16th day of NOVEMBER , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
Ai-eiiN
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EXHIBIT "A"
STREET VACATION
CRESSA COURT
BEING A PORTION OF CRESSA COURT AS SHOWN ON PARCEL MAP NO. 16541,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED JULY 11, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL NO. 41 OF SAID
PARCEL MAP NO. 16541; SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT
OF WAY LINE OF CRESSA COURT; THENCE ALONG SAID RIGHT OF WAY LINE,
SOUTH 61O 00" 00" WEST, 5.00 FEET TO A POINT ON A TANGENT 48.00
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE, LEAVING SAID RIGHT OF
WAY LINE, EASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 177O 00' 52" AND AN ARC LENGTH OF 148.30 FEET TO
A POINT OF A NON-TANGENT 48.00 FOOT RADIUS CURVE CONCAVE WESTERLY,
THE CENTER OF SAID CURVE BEARS SOUTH 31O 59' 08" EAST FROM SAID
POINT, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF
CRESSA COURT; THENCE EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID
CURVE AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 182O 59' 08"
AND AN ARC LENGTH OF 153.30 FEET TO A TANGENT POINT, SAID TANGENT
POINT BEING THE POINT OF BEGINNING.
VACATED AREA = 0.011 AC
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EXHIBIT "A"
STREET VACATION
CRESSA COURT
BEING A PORTION OF CRESSA COURT AS SHOWN ON PARCEL MAP NO. 16541, .
IN THE CITY OF CARLSBAD, COU"I'Y 0F'SA.N DIEGO, STATE OF CALIFORNIA,
RECORDED JULY 11, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL NO. 41 OF SAID
PARCEL MAP NO. 16541; SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT
OF WAY LINE OF CRESSA COURT; THENCE ALONG SAID RIGHT OF WAY LINE,
SOUTH 61° 00" 00" WEST, 5.00 FEET TO A POINT ON A TANGENT 48.00
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE, LEAVING SAID RIGHT OF
WAY LINE, EASTERLY, NORTHERLY AND WESTERLYALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 177' 00 ' 52 I' AND AN ARC LENGTH OF 148.30 FEET TO
A POINT OF A NON-TANGENT 48.00 FOOT RADIUS CURVE CONCAVE WESTERLY,
THE CENTER OF SAID CURVE BEARS SOUTH 31O 59' 08" EAST FROM SAID
POINT, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF
CRESSA COURT; THENCE EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID
CURVE AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 182O 59' 08"
AND AN ARC LENGTH OF 153.30 FEET TO A TANGENT POINT, SAID TANGENT
POINT BEING THE POINT OF BEGINNING.
VACATED AREA = 0.011 AC
Jdm<k* L -f .$ /cw/ KrnMr/u/9 97 3 R.C.E. 32014 Date
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CITY OF CARLSBAD e-- - ENGINEERING DEPARTMENT APPLICATION FOR A STREET VACATION
LOCATION OF AREA TO BE VACATED: ON THEPISIDE oF[cdd DE SHc
(North, South, East, West) (NAME OF STREET)
BETWEEN [I AND 71
(NAME OF STREET) (NAME OF STREET)
/ PUBL/C 5ZE&/ PRESENT USE OF AREA TO BE VACATED:
RiuHZ FF< ;pc-wc:F- PROPOSED USE OF AREA TO BE VACATED: p /
DATE /3 ~22 /BFz
FOR CITY USE ONLY
TOTAL FEE REQUIRED~~J
RECEIVED BY:
PROJECT NO. PR 6. 107
&WL,dU p/? &I*
November 23, 1993
Annette J. Evans
San Diego County Recorder
Post Office Box 1750
San Diego, CA 92101-2422
Enclosed for recordation is the following described document:
Resolution No. 93-315
Summarily vacating an easement over a portion of
Cressa Court in Planning Area 14 of Aviara
Also enclosed are instructions on how the City is to be billed for
the recordation fees incurred.
Thank you for your assistance in this matter.
ALETHA &.QALQe L. RAUTENKRANZ, g- CMC
City Clerk
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Enclosures
@ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808