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HomeMy WebLinkAbout2002-01-22; City Council; Resolution 2002-0331 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 28 27 28 RESOLUTION NO. 2002-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF STREET RIGHT-OF-WAY AT 442 CHESTNUT AVENUE, STV 01-01. WHEREAS, a request has been made to vacate a portion of Chestnut Avenue; and WHEREAS, Chestnut Avenue along the portion of the street proposed to be vacated is lesignated as a local street which requires a right-of-way width of 60 feet; and WHEREAS, Chestnut Avenue presently has a right-of-way width of 80 feet along the )ortion of the street proposed to be vacated; and WHEREAS, the City Engineer has determined that the excess right-of-way is not required or present or future street purposes; and WHEREAS, the excess right-of-way provides no public purpose and would not be useful IS a non-motorized transportation facility, and WHEREAS, the proposed vacation is consistent with the General Plan of the City, and WHEREAS, the vacation of this excess right-of-way will result in approximately 500 square eet of land being returned to the tax rolls. 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. That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways :ode, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of :larity in Exhibit B, be summarily vacated. 3. That the easement and rights necessary to maintain, operate, replace, remove, or enew in-place public facilities are reserved and excepted from the vacation. 4. The City Clerk is directed to record this resolution in the Office of the County tecorder of San Diego County. 11 I/ 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 5. From the date the resolution is recorded in the County Recorder's office, the area ,acated no longer constitutes a public street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 22nd day of JANUARY , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: Non iTTEST: A 4 c EXHIBIT "A" STV 01-01 LEGAL DESCRIPTION FOR VACATION OF A PORTION OF CHESTNUT AVENUE THAT PORTION OF LOT 11, INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DESCRIPTION IN QUITCLAIM DEED RECORDED OCTOBER 17,1984 AS FILE NO. 84-392394 DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE INTERSECTION OF THE CENTER LINE OF CHESTNUT AVENUE AND THE CENTER LINE OF FIRST STREET; THENCE SOUTH 55" 27' WEST ALONG THE CENTER LINE OF CHESTNUT AVENUE, A DISTANCE OF 189.8 FEET; THENCE NORTH 34" 33' WEST 30.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 34" 33' WEST 10.0 FEET; THENCE SOUTH 55" 27' WEST 50.0 FEET; THENCE SOUTH 34" 33' OF BEGINNING. EAST 10.0 FEET; THENCE NORTH 55" 27' EAST 50.0 FEET TO THE TRUE POINT . .. EXHlBlT'B' I I STREET VACATION PLAT - CITY OF CARLSBAD I SME~ I or A.P.N. 204-070-18 28062 3-31 -02 R.C.E. EXP. DATE