HomeMy WebLinkAbout2002-05-14; City Council; 16739; Summarily Vacate Portion Of Oak AvenueCITY OF CARLSBAD -AGENDA BILL
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RESOLUTION TO SUMMARILY VACATE
A PORTION OF OAK AVENUE CITY ATTY
(STVOI-11) CITY MGI3.a -
RECOMMENDED ACTION:
Adopt Resolution No. 2002-132 to summarily vacate a portion of Oak Avenue (STV 01-1 1)
subject to certain reservations.
ITEM EXPLANATION:
On December 13, 2001, the City received an application for the vacation of a portion of Oak
Avenue between Lincoln Street and Washington Street. The applicant requested the vacation of a
IO-foot strip of right-of-way along the southerly side of Oak Avenue adjacent to County Assessor
Parcel Numbers 203-260-04 and 203-260-05.
The existing Oak Avenue right-of-way is 80 feet wide. The current standard right-of-way width for
local streets is 60 feet, No roadway improvements exist in the southerly 10 of the existing 80 foot
right-of-way on Oak Avenue. The southerly 10 feet of right-of-way is not needed to accommodate
future improvements to Oak Avenue.
The utility companies have been notified and no objections have been received. 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 1,600 square feet of land being returned to the
tax rolls.
EXHIBITS:
1. Location Map.
2. Resolution No. 2002-132 to summarily vacate a portion of Oak Avenue.
I LOCATION MAP
NOT TO SCALE
PROJECT NAME STREET VACATION OF A PORTION OF OAK AVENUE
PROJECT EXHIBIT
NUMBER
SNO1-11 1
DRAW BY: SCOT EVANS, CARl3M ENGINEERLNG DEPT. 4/15/02 ci\DEMzoPUENr FRO.EClS\S~l-lll.OW
DOC r) 2002-0445744 -
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
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RESOLUTION NO. - 177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A
PORTION OF OAK AVENUE (SN 01-1 1).
WHEREAS, a request has been made to vacate a portion of Oak Avenue
SN 01-1 1); and
WHEREAS, the standard right-of-way width for local roads is 60 feet; and
WHEREAS, this portion of Oak Avenue currently exists as an 80 foot right-of-way; 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 1,600
quare 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
on-motorized transportation facility or provide usable access to adjoining properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
alifornia, as follows:
1. That the above recitations are true and correct.
2. Easements and rights necessary to maintain, operate, replace, remove or renew
-place public utility facilities are reserved and excepted from the vacation.
3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
ighways Code, said excess right-of-way more particularly described in Exhibit A and shown for
arity on Exhibit B, be summarily vacated.
4. That the City Clerk is directed to record this resolution in the office of the County
ecorder of San Diego County.
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5. From the date the resolution is recorded in the County Recorder's office, the area
.acated no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 14th day of MAY , 2002 by the following vote, to
At:
AYES: Council Members Lewis, Kulchin. Finnila, Nygaard
NOES: None
,TEST:
Page 2 of 2 of Resolution No. 2002-132
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION
STREET VACATION
THAT PORTION OF OAK AVENUE ADJACENT TO THE NOf?THWESTERLY BOUNDARY OF
TRACT 99 OF CARLSBAD LANDS, IN THE CrrY OF CARISBAD, COUNTY OF SAN DIEGO,
=ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 1661, FILED IN THE
OFFICE OF THE alUNlY RECORDER OF SAN DIEGO COUNIY, MARCH 1, 1915,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOSr NORTHERLY CORNER OF SAID TRACT 99; THENCE
SOUTH 55"27' WEST 160.00 FEET ALONG THE NORTHWESIERLY LINE OF SAID TRACT
POINT OF BEGINNING; THENCE CONTfNUING SOUTH 55O27' WEST ALONG SAID
AND THE SOUTHEASFERLY RIGHT-OF-WAY LINE OF SAID OAK AVENUE TO THE TRUE
RIGHT-OF-WAY LINE 160.00 FEET; THENCE NORTH 34"33' WEST AT RIGHT ANGLES
TO SAID RIGHT-OF-WAY UNE 10.00 FEET; THENCE NORTH 55"27' EAST PARALLEL TO
SAID RIGHT-OF-WAY LINE 160.00 FEET; THENCE S0cm-l 34"33' EAST AT RIGHT
ANGLES TO SAID RIGHT-OF-WAY UNE 10.00 FEET TO THE TRUE POINT OF
BEGINNING.
THIS LEGAL DESCRIPTION WAS PREPARED BY BRIAN DONALD, RCE 26175, AS PART
OF A STREET VACATION REQUEST. - Brian Donald. R 261 5
License Expik 3/31/02
EXHIBIT "6 i- i i i i i i i i i i
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I SHEET 1 OF 1 SHEETS I STREET VACATION PLAT
A PORTION OF OAK AVENUE CARLSBAD, CALIFORNIA
I 914 N. MAsl HIGHWAY 101
VICINITY MAP
,NO SWE
CERTIFICATION
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO
] ss. I
I, Janice Breitenfeld, DeDutv Citv 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 Carlsbad Citv Council Resolution No. 2002-132 dated Mav 14, 2002, which
original is now on file in my office: 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 24th day of Mav 2002.
(-/Janice Breitenfeld
Deputy City Clerk
CITY OF CARLSBAD