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HomeMy WebLinkAbout2005-04-26; City Council; 18088; Summarily Vacate Portion Jefferson StreetCITY OF CARLSBAD - AGENDA BILL &,?C ~. \B# 18,088 ATG. 4/26/05 IEPT. ENG DEPT-HD- s TITLE: RESOLUTION TO SUMMARILY VACATE A PORTION OF JEFFERSON STREET STV 04-03 (ADJ 03-1 4) CITY ATTY. CITY MGRa RECOMMENDED ACTION: Adopt Resolution No. 2005-123 summarily vacating a portion of Jefferson Street, STV 04-03 (ADJ 03-14). ITEM EXPLANATION: An application has been filed by Stuart Montgomery to vacate a portion of Jefferson Street right-of-way. The owners of the adjacent properties are currently processing an adjustment plat to resolve property and access issues, including a portion of Jefferson Street right-of-way that was realigned as a result of I-5/Jefferson Street bridge construction. The adjustment plat will be complete and the appropriate documents will be recorded concurrently with recording a resolution vacating the right-of-way. Utility companies have been notified of the proposed vacations; no objections have been received. FISCAL IMPACT: The street was granted to the City for a no fee cost acquisition and the City will vacate the street for a no fee cost return to the property owner. The owner has paid the standard fee for processing this vacation. Approval of this vacation will result in .289 acres of land to be returned to the tax rolls. EXHIBITS: 1. Location Map. 2. Resolution No. 2005-123 summarily vacating a portion of Jefferson Street, STV 04-03 (ADJ 03-1 4). DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwickQci.carlsbad.ca.us 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 RESOLUTION NO. 2005-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF JEFFERSON STREET, STV 04-03 (ADJ 03-14). WHEREAS, Stuart Montgomery has submitted an application to vacate a portion of Jefferson Street; and WHEREAS, an adjustment plat for ADJ 03-14 is currently being processed and all qecessary documents will be completed or secured prior to recordation of a resolution of vacation; and WHEREAS, Jefferson Street presently has excess right-of-way because it has been realigned; and WHEREAS, the City Engineer has determined that this portion of Jefferson Street is not ieeded for present or future street purposes; and WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City. 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 Division 9, Part 3, Chapter 4 of the California Street and Highways Code, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of clarity in Exhibit B, be summarily vacated. 3. The City Clerk is directed to concurrently record this resolution and the certificates of compliance for ADJ 03-14 in the Office of the County Recorder of San Diego County. Ill Ill Ill I!! Ill Ill Ill 3 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 4. From the date the resolution and the certificates of compliance are recorded in the County Recorder's office, the area vacated no longer constitutes a public street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 26th day of *pril , 2005 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis r\jl CLAUDE A. LE\larlS, Mhyor ' MATT HALL, Mayor Pro-Tern ATTEST: \I& 'U, LORRAINE M. WOOD, City Clerk (SEAL) Y EXHIBIT "A" JEFFERSON STREET VACATION A PORTION OF TRACT 2, OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20 1921, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY SIDELINE OF THE 60 FOOT WIDE ROAD EASEMENT FOR COUNTY HIGHWAY CONVEYED TO THE COUNTY OF SAN DIEGO, BY DEED RECORDED FEBRUARY 5,1941 IN BOOK 1 135, PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID ROAD EASEMENT IS SHOWN ON COUNTY ROAD SURVEY NO. 843 WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY, SAID POINT IS AT ENGINEERS STATION 8+88.65 PER CALTRANS LO PLAT NO. 3787; THENCE ALONG SAID WESTERLY SIDELINE, NORTH 17'43'00'' WEST, (RECORD NORTH 17'41'00" WEST 0262 186 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY) 160.35 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE CONTINUING ALONG SAID WESTERLY SIDELINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 17' 19'24'', AN ARC DISTANCE OF 130.0 1 FEET (RECORD CENTRAL ANGLE OF 17'18'50'', AN ARC DISTANCE OF 129.94 FEET PER RECORD OF SURVEY NO. 149 1 1) TO THE NORTHERLY ANGLE POINT OF PARCEL 1 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 2, 1995 AS DIEGO COUNTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY SIDELINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 28'22'32'', AN ARC DISTANCE OF 212.96 FEET TO AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 4,1968 AS FILE NO. 36135 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE AND A PORTION OF THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 7,1967 AS FILE NO. 80766 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SOUTH 30°09'09" EAST, (RECORD SOUTH 29'42'39" FOOT RADIUS CURVE, CONCAVE EASTERLY AND THE EASTERLY SIDELINE OF SAID 60 FOOT WIDE ROAD EASEMENT FOR COUNTY HIGHWAY, A RADIAL BEARTNG TO SAID CURVE BEARS NORTH 67'59'52'' WEST; THENCE SOUTHERLY ALONG SAID CURVE AND EASTERLY SIDELINE, THROUGH A CENTRAL ANGLE OF 20'55'17", AN CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID CURVE BEARS NORTH 75'52'49" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A PER RECORD OF SURVEY NO. 1491 1, RECORDED JUNE 22, 1995 AS FILE NO. 1995- DOCUMENT NO. 1995-0090296 IN THE OFFICE OF THE COUNTY RECORDER OF SAN EAST PER SAID DEEDS), 73.02 FEET TO THE BEGINNING OF A NON-TANGENT 370.00 ARC DISTANCE OF 135.10 FEET TO A POINT ON A NON-TANGENT 530.00 FOOT RADIUS K\Survey\DATA\0906\Street-Vacations\Revised St-vacation.wpd Page 1 of2 W.O. 677-0906-100 5 CENTRAL ANGLE OF 2"22'35", AN ARC DISTANCE OF 2 1.98 FEET TO NORTHEASTERLY CORNER OF SAID PARCEL 1 PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 2,1995; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 78"13'38" WEST, 56.32 FEET TO THE TRUE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION WAND A. MAR@S DATE WAND A. MARflS / DATE &LS 5941 K\Survey\DATA\0906\Street-VacationsRevised St-vacation.wpd Page 2 of 2 W.O. 677-0906-100 ( ) RECORD DATA PER ROS 1491 1 < > RECORD DATA PER DEED RECORDED 6/7/1967 AS FILE NO. 80766 AND DEED RECORDED 3/4/68 AS FILE NO. 36135 BOTH OF O.R. 155-1 80-02 !363 JEFFERSON ST 155-1 80-28 'z