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HomeMy WebLinkAbout2004-04-27; City Council; 17609; Street Vacation: Corintia StAB# 17,609 ATG. 04/27/04 IEPT. ENG CITY OF CARLSBAD -AGENDA BILL TITLE: RESOLUTION TO VACATE A PORTION OF CITY ATTY. CORlNTlA STREET (SW 04-02) CT 99-04-02 RECOMMENDED ACTION: Adopt Resolution No. 2004-140 vacating a portion of Corintia Street. ITEM EXP LAN AT1 0 N : An application has been filed by Real Estate Collateral Management Company to vacate a portion of the Corintia Street right-of-way. On April 13, 2004, The City Council adopted Resolution No. 2004- 115, a Resolution of Intention to vacate a portion Corintia Street. The Resolution of Intention set April 27, 2002, at 6:OO pm, as the time for the public hearing to hear all persons interested in or objecting to the proposed vacation. Utility Companies have been notified of the vacation. There are existing underground facilities within the portion of roadway being vacated therefore a general utility and access easement is being reserved from the vacation. FISCAL IMPACT: Approval of this vacation will result in approximately .67 acres of land to be returned to the tax rolls. The right-of-way was granted to the City for a no fee cost acquisition and the City will vacate the right-of-way for a no fee cost return to the property owner. The owner has paid the standard fee for processing this street vacation. EXHIBITS: I. Location Map. 2. Resolution No. 2004-140 vacating a portion of Corintia Street. DEPARTMENT CONTACT: JOHN MAASHOFF, (760) 602-2747, jmaas@ci.carlsbad.ca.us I LOCATION MAP 'RCNECT NAME PUBLIC STREET AND PUBUC UTlLlN EASEMENT VACAnON PROJECT # EXHIBIT I sw ki-g& RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC # 2004-0434777 MAY 13- 2004 8~32 ClMi OFFIGIFIL F!Em W DIEGO COUNTY KWR'S OFFICE GREGORY J. SNITHY COUNTY REGIRDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 2004-140 SUMMARILY VACATING A PORTION OF CORlNTlA STREET (STV 04-02) .I 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, VACATING A PORTION OF CORlNTlA STREET. WHEREAS, the City Council of the City of Carlsbad on April 13, 2004, did adopt Resolution of Intention No. 2004-1 15 declaring their intention to vacate a portion of Corintia Street; and WHEREAS, the City Council did find in said Resolution that the proposed vacation was in accordance with the Growth Management policies and consistent with the General Plan; and WHEREAS, all publication and posting of notices regarding the proposed vacation of portions of Corintia Street, pursuant to said Resolution have been given as required by law; and WHEREAS, 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 the portion of Corintia Street proposed to be vacated are unnecessary for present or prospective street purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code the portion of Corintia Street as described in Exhibit A and shown for the sake of clarity on Exhibit B are hereby vacated, closed up and abandoned for public street purposes. 3. That a general utility and access easement and rights necessary to maintain, operate, replace, remove or renew in-place public facilities are reserved and excepted from the vacation. Ill Ill Ill Ill Ill Ill SI L \. 4 C \. e 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. From the date the resolution is recorded in the County Recorder’s Office, the area being vacated no longer constitutes a street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 27th day of April , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ATTEST T/ORlGd4INE M. WOOD, City Clerk Resolution No. 2004-140 page 2 (SEAL) , EXHIBIT “A” LEGAL DESCRIPTION STREET VACATION PARCEL “A”: A PORTION OF CORlNTlA STREET. A 30.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF CORlNTlA STREET DEDICATED TO THE PUBLIC.BY CARLSBAD TRACT NO. 84-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11241, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MAY 22, 1985, SAID STRIP OF LAND BEING PARALLEL, CONCENTRIC, AND 30.00 FEET SOUTHEASTERLY OF THE NORTHWESTERLY RIGHT-OF-WAY OF SAID CORlNTlA STREET, SAID RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 224 AS DEPICTED ON SAID MAP NO. 11 241, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY OF SAID CORlNTlA STREET, SAID POINT ALSO BE THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 470.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 33’15’58” EAST (SOUTH 33”15’05” EAST, RECORD PER SAID MAP NO. 11241); THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND CURVE THROUGH A CENTRAL ANGLE OF 32’49’02” A DISTANCE OF 269.20 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE WESTERLY BOUNDARY OF SAID MAP NO. 11241 AND TERMINATES NORTHEASTERLY IN A RADIAL LINE THROUGH THE POINT OF TERMINUS TO THE CENTERLINE OF SAID CORlNTlA STREET HAVING A BEARING OF SOUTH 66’05’00” EAST. PAGE 1 OF 4 :G M:\2352\21\Legal DescriptionsM13 City St Vac Corintia.dm WO 2352-0021 2/24/04 CONTAINS 0.193 ACRE MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 4 :G M:\2352\2i\Legal DescriptionsMl3 City St Vac Corintia.doc WO 2352-0021 2/24/04 6 * LEGAL DESCRIPTION STREET EASEMENT VACATION PARCEL "B": A PORTION OF CORlNTlA STREET. A 60.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF A GRANT OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES PER GRANT DEEDS RECORDED JULY 11,1981 AS FILE N0.S 81-126304 AND JULY 11,1981 AS FILE NO. 81-126307, BOTH OF OFFICIAL RECORDS, LYING WITHIN PARCELS 2 AND 4 OF PARCEL MAP NO. 10179, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER IN JUNE 27,1980, AND SAID STREET AS DEPICTED ON CARLSBAD TRACT NO. 84-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11241, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MAY 22, 1985; SAID STRIP OF LAND BEING PARALLEL, CONCENTRIC, AND 60.00 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED NORTHWESTERLY LINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 224 AS DEPICTED ON SAID MAP NO. 11241, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY OF CORlNTlA STREET, SAID POINT ALSO BE THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 470.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 33'15'58" EAST (SOUTH 33"15'05" EAST, RECORD PER SAID MAP NO. 11241); THENCE SOUTHWESTERLY ALONG THE CONTINUATION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07"19'48" A DISTANCE OF 60.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'19'48" A DISTANCE OF 60.13 FEET TO THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'49'0T A DISTANCE OF 269.20 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN A RADIAL LINE THROUGH THE TRUE POINT OF BEGINNING HAVING A BEARING OF SOUTH 25'56'1 1" EAST AND TERMINATES NORTHEASTERLY IN A RADIAL LINE THROUGH THE POINT OF TERMINUS HAVING A BEARING OF SOUTH 66"OSOO EAST. PAGE 3 OF 4 :G M:\2352\21\Legal Desaiptions\A14 Deeds St Vac CorinUa.doc WO 2352-0021 2/24/04 CONTAINS 0.483 ACRE MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 4OF 4 :G M:\2352\21\Legal DescriptionsL414 Deeds St Vac Corintia.doc WO 2352-flO21 2/24/04 e BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE NAD '83 CALIFORNIA 3085 AS SAID COORDINATES ARE PUBLISHED IN RECORD OF SURVEY MAP NO. 15376. LE. N 04'55'38" W ' COORDINATES SYSTEM ZONE 6 GRID BEARINGS BETWEEN STATION 3075 AND STATION THE COMBINED SCALE FACTOR AT STATION 3085 IS 0.99993993. GRID DISTANCE = 1 GROUND DISTANCE X COMBINED SCALE FACTOR. LEGEND INDICATES 60.00 FOOT WIDE EASEMENTS FOR STREET AND HIGHWAY GRANTED TO CITY OF CARLSbMD BY DOCUMENTS RECORDED APRIL 21, 1981 AS FILE NO. 81-126304 AND APRIL 11, OFFICML RECORDS. .. 4r I INDICATES A 30.00 FOOT WIDE EASEMENT FOR ROAD PURPOSES GRANTED TO AETNA CAPITAL COMPANY BY DOCUMENT RECORDED JULY 11, 1980 AS FILE NO. 80-217365, OF OFFICML RECORDS. SEE QUITCLAIM DEED RECORDED JULY 11, 2002, FILE NO. 2002-0583192, OF OFFICAL RECORDS. 1981 AS FILE NO. 81-126307, BOTH OF @m 10 INDICATES A PORTION OF CORlNTlA STREET DEDICATED PER MAP NO. 11241. INDICATES A 50.00 WIDE LANDSCAPE EASEMENT PER DOCUMENT RECORDED (HATCHED AREA TO BE VACATED). ' OCTOBER 16, 2000 AS FILE NO. 2000-0553639, OF OFICAL RECORDS. PLANNING 10179 Huemekens Street I ENGINEERING San Mgq Ca 92U1 BEARING PER MP NO. 13891. ClN OF ENClNlTAS \ El3RING PER MAP NO l.W.91 i \ VICINITY MAP 223-720-0 1 COLLATERAL -0 '- SCALE 1 "= 100 ' a 'PUCANT: PREPARED BY: 1L ESTATE COLLATERAL WGEMENT 13 WRIGHT PLACE SE. 180 ILSBAD, CA 92008 1.929.270 1 DAVID W. AMBLER L.S. 7322 EXP. 12/31/05 SHEET 2 OF 2 PROJECT: A.P.N.: CT 99-04-02 223-720-01 EXHIBIT "B " PLANNING 10179 Mnmekms Street ENQNnRlNC San DRgq G 92Ql SURVMNC F'H(8S8)SSMSOO. FX(858)5581414 CERTIFICATION STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 } ss. I, Ronna Stickrod, Deputy City 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 City Council Resolution No. 2004-140 dated April 27. 2004, 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 29th day of April 2004. RONNA STICKROD Deputy City Clerk CITY OF CARLSBAD (SEAL) NOTICE OF STREET VACATION NOTICE OF PROPOSED VACATION, CLOSING UP, AND ABANDONMENT OF A PORTION OF CORlNTlA STREET NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad did on April 13, 2004, pass a Resolution of Intention to vacate, close up, and abandon a portion of Corintia Street. The portions of said streets proposed to vacated, closed up and abandoned are described as follows: A portion of Corintia Street lying within a portion of Corintia Street dedicated to the Public by Carlsbad Tract No. 84-23, according to Map Thereof No. I1241 together with a portions of the grant of easement for street and highway purposes per grant deeds recorded July 11 , 1981 as file no. 81-126304 and July 11, 1981 as file no. 81-126307. Please see legal description attached to Resolution of Intention to Vacate said Street on file with the City Clerk of the City of Carlsbad for a complete legal description. REFERENCE IS HEREBY MADE to a map showing the portions of said streets proposed to be abandoned for particulars and details. Said map is on file in the office of the City Clerk of the City of Carlsbad. NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Carlsbad has set April 27. 2004, at the hour of 6 p.m., as the time and the Council Chambers of the City Council of the City of Carlsbad as the place for the hearing of all persons interested in or objecting to the proposed vacation of said portions of said streets, and the said City Council at the said time and place will hear the evidence offered by any person interested in the vacation of said portions of said streets heretofore described. DATED: April 14,2004 City Clerk City of Carlsbad PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California aoe- This Day of April, 2004 NOTICE OF STREET VACATION NOTICE OF PROPOSED VACATION CLOSING UP, AND ABANDONMENT OF A PdRflON OF CORlNTlA STREET NOTICE IS HEREbY.GlVEN that the City Council of the Ci of Carlsbad did on April 13 2004 pass a Resolution of%tention to vacate, close up, and 'abandon a portion I of Corintia Street The portions of said streets DroDosed to vacated, closed up and abandoned are described as follows: A portion of Corintia Street I ing within a ortion of Cor- intia Street dedicated to the 6ublic b CarEbad Tract No. 84-23, according to Map Thereof ho. 11241 together with a portions of the grant of easement for street and hi hway urposes er rant deeds recorded Jul 11 1831 as #e no. 81-fi6384 and July 1,1,,1981 as fii no: 81-126307. Please see legal description attached to Reso!ution of Intention to Vacate said Street on file with the Citv Clerk of the Citv of Carlsbad for a complete leaal descri .tion REFEiENCE IS HEREBY MADE to a map showing the portjons of said streets proposed to be abandoned for articulars and details. Said map IS on file in the office of P he Ci Clerk of the-Ci of Carlsbad. NOTI& IS FURTHEZGIVEN HEREBY that the City Council 01 the City of Carlsbad has set April 27 2004 at the hour of 6 Em., as the time and the Counkil Cham- bers of the Ci Council of the Citv of Carlsbad as the place for the hkaring of all person6 interested in or ob- jecting to the roposed vacation of said portions of said streets, and tie said City Council at the said time and nlace will hear the evidence offered Ij;Gy persin tnt&e3edGthe VaCG tion of said portions of said streets heretofore described DATED APRIL 13,2004 Ctty Clerk Cit of Carlsbad APhL 17,2004 NCT-C-1629175 Signature NORTH COUNTY TIMES Legal Advertising CorintiaCorintiaStreet VacationStreet VacationCT 99CT 99--0404--02 02 (STV 04(STV 04--02)02) ALGA RDEL FUERTE STM ELROSE Corintia Corintia Street VacationStreet VacationProcessProcesszStreets and Highways Code–Notification and posting of proposed vacation–Public Hearings–Recordation of approved resolution vacating Corintia Street CorintiaCorintiaStreet VacationStreet VacationHistoryHistoryzA portion of Corintia was dedicated in 1981zA portion of Corintia dedicated per CT 84-23zVacation of Corintiawas proposed inVillagesof La Costa Master Plan MP 98-01 and Tentative Map CT 99-04.zResolution No. 2004-115 , Intent to Vacate CorintiaStreet, was adopted by City Council April 13, 2004. CorintiaCorintiaStreet VacationStreet VacationzStaff Recommends adoption of Resolution 2004-140 vacating a portion of Corintia Street.