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HomeMy WebLinkAbout1994-12-06; City Council; 12938; RESOLUTION TO SUMMARILY VACATE A PORTION OF JEFFERSON STREET PR 6.118A PORTION OF JEFFERSON STREET PR 6.118 Mop1 Re8olution NO, 7 Y - 3 I 7 westerly of interstate 5. summarily vaeatihg a pedian 61 JeHerson gtreet ITEM EXPLANATION: On April 8, 1994, the City received an application from Daniel Muhe and Patricia Mahy for the vacation of a portion of Jefferson Street along the northwest side of the road west of the Interstate 5 overcrossing. Presently the land is not being utilized as a public road. In 1969 CALTRANS realigned Jefferson Street as part of the Interstate 5 overpass construction. This realignment created a triangular shaped piece of excess right-of-way. The vacated portions will be granted to the underlying property owner. The applicants have a real estate agreement to obtain the property from the underlying owner. This property will be granted to the adjacent property owners and new lot lines recorded through the adjustment plat process. There will be sufficient right of way for any future road widenings to a controlled collector (68 feet) after the vacation is completed. The utility companies have been notified and no objections have been received and the Street Vacation Resolution specifies that the area being vacated will be retained as a utility easement. FISCAL IMPACT: Approval of this vacation will result in approximately 6,184 square feet of land to be returned to the tax rolls. 1. Location Map. 2. 3. Resolution No. 9 q -3 I ? westerly of Interstate 5 with attachments. Letter requesting vacation dated April 5, 1994. to summarily vacate a portion of Jefferson Street 0 0 NOT TO SCALE 1 2 3 4 i5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 Exhibit 2 0 0 RESOLUTION NO. 9 4 - 3 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SUMMARILY VACATING AN EASEMENT OVER A PORTION OF JEFFERSON STREET WESTERLY OF INTERSTATE 5 WHEREAS, a request has been made to vacate a portion of Jefferson Street westerly o Interstate 5; and WHEREAS, the center line of Jefferson Street was realigned to a position east of thc original road alignment and, WHEREAS, the realignment created a surplus area of right-of-way along the westerly side of Jefferson Street in excess of that required pursuant to current or future needs, and, WHEREAS, all public road improvements have been made adjacent to the excess right of-way in conformance with Clty standards and the requirements of the Growth Managemen, 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 resutt in approximately 6,1& 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 foi 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 or renew in-place public utility facilities are reserved and excepted from the vacation. ll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I’ 20 21 22 23 24 25 26 21 28 0 0 3. That, pursuant to Division 9, Part 3, Chapter 4 of the California Street anc Highways Code said excess right-of-way more particularly described as Exhibit A, and shown fo the sake of clarrty on Exhibit B, be summarily vacated. 4. The Ci Clerk is directed to record this resolution in the office of the Count) Recorder of San Diego County. 5. From the date the resolution is recorded in the County Recorder’s office, the arec vacated no longer constitutes a street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci held on the 6 th day of DECEMBER , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: AE$W$ (SEAL) 2 a 0 "EXHIBIT A" PR6.118 JEFFERSON STREET VACATION THAT PORTION OF TRACT 2, LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1719, ON FILE WITH THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, TOGETHER WITH A PORTION OF JEFFERSON STREET, PER COUNTY ROAD SURVEY NO. 843, ON FILE WITH THE OFFICE OF THE SURVEYOR OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CARLSBAD ROAD, AS SHOWN ON COUNTY ROAD SURVEY NO. 135 (CLOSED) ON FILE WITH THE OFFICE OF THE SURVEYOR OF SAID COUNTY AND WITH THE WESTERLY LINE OF JEFFERSON STREET, 60 FEET WIDE, AS SHOWN ON SAID ROAD SURVEY MAP NO. 843; THENCE ALONG SAID SIDELINE NORTH 17°41'00*r WEST 25.85 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT SHOWN AS SURVEYORS STATION 8+88.65 AS SHOWN ON SAID ROAD SURVEY 843 AND CALTRANS RIGHT OF WAY MAP LO 3783 SAID POINT ALSO THE BEGINNING OF A TANGENT 530 FOOT RADIUS CURVE CONCAVE EASTERLY AS SHOWN ON SAID MAP LO 3787; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29O27'22" A DISTANCE OF 272.48 FEET TO A POINT, A RADIAL LINE TO SAID CURVE BEARS NORTH 78°13t38" WEST; THENCE LEAVING SAID SIDE LINE NORTH 78O13'38" WEST 56.31 FEET TO A POINT ON A 430 FOOT RADIUS CURVE CONCAVE EASTERLY AS SHOWN ON SAID ROAD SURVEY 843, A RADIAL LINE TO SAID CURVE BEARS NORTH 89O37'50" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°18'50'1 A DISTANCE OF 129.94 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SIDE LINE SOUTH 17°41'00" EAST 160.35 TO SAID STATION 8+88.56 AND THE TRUE POINT OF BEGINNING AND COMPRISING AN AREA OF 0.14 ACRES MORE OR LESS. EXCEPT RESERVED THEREFROM THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID TRUE POINT OF BEGINNING; NORTH 17°41'00" WEST 160.35 FEET ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD SURVEY 843 TO A POINT ON THE ARC OF A 430 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°56'32" 7.07 FEET TO A POINT ON SAID RIGHT OF WAY: THENCE LEAVING SAID CURVE ON A RADIAL BEARING NORTH 73°15'321t EAST 11.00 TO A POINT ON THE ARC OF A 419 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGHACENTRAL ANGLE OF 16°02'52'1 117.36 FEET TO A POINT ON THE NORTHERLY LINE OF THE ABOVE DESCRIBED STREET VACATION SAID CURVE IS ALSO 11.00 FEET EAST OF THE WESTERLY LINE OF JEFFERSON STREET AS SHOWN ON SAID ROAD SURVEY 843 FOR UTILITY PURPOSES FOR THE EXISTING SAN DIEGO GAS AND ELECTRIC HIGH PRESSURE GAS LINE AND OVER HEAD POWER LINES, THE EXISTING CITY OF VISTA 24 INCH FORCE SEWER MAIN AND THE EXISTING CITY OF CARLSBAD 6 INCH GRAVITY SEWER MAIN. 1044LGL.TXT NO. e e April 5, 1994 Patricia Mahy and Daniel Muhe 4014 Aguila Street #I Carlsbad, CA 92008 Carlsbad City Engineer 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Dear Engineering Department: We are writing regarding parcel #155-180-17 on north Jefferson Street in Carlsbad. In order to develop a single family residence on this parcel we are required to apply for a Street Vacation for a city street right-of-way that went unused when the 1-5 overpass was put in. We are also submitting and asking for a lot line adjustment and certificate of compliance and hillside development review concurrent with the street vacation. All necessary plats, applications, plans and fees are being submitted with this letter. We are acquiring fee title ownership to the land underlying the street vacation from two different adjacent property owners(E1sey and King) and need to finalize this process as soon as possible. processing of these applications and let us know at 434-7850 if anything else is needed. S$qerely, Please expedite your W4-kiDl-t- 5 - 4 0 k - IL~z;,' d-3MPLETE THIS INFBRXATI tECC&lNC REQUESTED BY: City Clerk City of Carlsbad WD WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ---I_-- -- ----- 1983 %y-9Ez---'ia i, nn rrcc ; I ir-, c. : > ! Till:? SPACE FOR RECORDER'S USE ONtY --e--- --- --.-" -RU --_- ~-, ~-- .- I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 I’ 20 21 22 23 24 25 26 27 28 txnim1 L 1981 e a % RESOLUTION NO. 94-317 A RESOLUTION OF THE CIW COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SUMMARILY VACATING AN EASEMENT OVER A PORTION OF JEFFERSON STREET WESTERLY OF INTERSTATE 5 WHEREAS, a request has been made to vacate a portion of Jefferson Street westerly Interstate 5: and WHEREAS, the center line of Jefferson Street was realigned to a position east of 1 original road alignment and, WiEREAS, iiie reaiignmeni: created a surpius area oi right-of-way along the westeriy SI of Jefferson Street in excess of that required pursuant to current or future needs, and, WHEREAS, all public road improvements have been made adjacent to the excess rig of-way in conformance with City standards and the requirements of the Growth Managem6 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 6,l 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 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 1 a period of five years or more; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of CarlsbE 1 California, as foIlows: 1. 2. That the above recitations are true and correct. Easements and rights necessary to maintain, operate, replace, remove or renc in-place public utility facilities are reserved and excepted from the vacation. /I t, ..-. r" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 29 21 22 23 24 25 26 27 28 e e I91 3. That, pursuant to Division 9, Part 3, Chapter 4 of the California Street a Highways Code said excess right-of-way more particularly described as Exhibit A, and shown 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 Coui Recorder of San Diego County, 5. From the date the resolution is recorded in the County Recorder's office, the ai vacated no longer constitutes a street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Coun held on the 6th day of DECEMBER , 1994 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila i ATTEST: *L!!iiEc*$ (SERF) ' 2 91 .e "EXHIBIT A" PR6.118 JEFFERSON STREET VACATION THAT PORTION OF TRACT 2, LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1719, ON FILE WITH THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, TOGETHER WITH A PORTION OF JEFFERSON STREET, PER COUNTY ROAD SURVEY NO. 843, ON FILE WITH THE OFFICE OF THE SURVEYOR OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CARLSBAD ROAD, AS SHOWN ON COUNTY ROAD SURVEY NO. 135 (CLOSED) ON FILE WITH THE OFFICE OF THE SURVEYOR OF SAID COUNTY AND WITH THE WESTERLY LINE OF JEFFERSON STREET, 60 FEET WIDE, AS SHOWN ON SAID ROAD SURVEY MAP NO. 843; THENCE ALONG SAID SIDELINE NORTH 17°41p0011 WEST 25.85 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT SHOWN AS SURVEYORS STATION 8+88.65 AS SHOWN ON SAID ROAD SURVEY 843 AND CALTRANS RIGHT OF WAY MAP LO 3783 SAID POINT ALSO THE BEGINNING OF A TANGENT 530 FOOT RADIUS CURVE CONCAVE EASTERLY AS SHOWN ON SAID MAP LO 3787; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29O27'22" A DISTANCE OF 272.48 FEET TO A POINT, A RADIAL LINE TO SAID CURVE BEARS NORTH 78°13'3811 WEST; THENCE LEAVING SAID SIDE LINE NORTH 78°13'3811 WEST 56.31 FEET TO A POINT ON A 430 FOOT RADIUS CURVE CONCAVE EASTERLY AS SHOWN ON SAID ROAD SURVEY 843, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°37'50" EAST; THENCE SOUTHERLY ALONG SAID CVWE THROUGH A CENTRAL ANGLE OF 17°18'50t1 A DISTANCE OF 129.94 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID SIDE LINE SOUTH 17°41'0011 EAST 160,35 TO SAID STATION 8+88.56 AND THE TRUE POINT OF BEGINNING AND COMPRISING AN AREA OF 0.14 ACRES MORE OR LESS. EXCEPT RESERVED THEREFROM THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID TRUE POINT OF BEGINNING; NORTH 17°41'001t WEST 160.35 FEET ALONG THE WESTERLY RIGHT OF WAY OF SAID ROAD SURVEY 843 TO A POINT ON THE ARC OF A 430 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Q0°56'32tt 7.07 FEET TO A POINT ON SAID RIGHT OF WAY; THENCE LEAVING SAID CURVE ON A RADIAL BEARING NORTH 73O15'32" EAST 11.00 TO A POINT ON THE ARC OF A 419 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16O02'52" 117.36 FEET TO A POINT ON THE NORTHERLY LINE OF THE ABOVE DESCRIBED STREET VACATION SAID CURVE IS ALSO 11.00 FEET EAST OF THE WESTERLY LINE OF JEFFERSON STREET AS SHOWN ON SAID ROAD SURVEY 843 FOR UTILITY PURPOSES FOR THE EXISTING SAN DIEGO GAS AND ELECTRIC HIGH PRESSURE GAS LINE AND OVER HEAD POWER LINES, THE EXISTING CITY OF VISTA 24 INCH FORCE SEWER MAIN AND THE EXISTING CITY OF CARLSBAD 6 INCH GRAVITY SEWER MAIN. 1044LGL.TXT NO.