HomeMy WebLinkAbout2002-09-10; City Council; Resolution 2002-265I
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RESOLUTION NO. 2002-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF STREET RIGHT-OF-WAY AT 218 PINE AVENUE, STV 01-08.
WHEREAS, a request has been made to vacate a portion of Pine Avenue; and
WHEREAS, Pine Avenue along the portion of the street proposed to be vacated is a local
dreet requiring an atypical right-of-way width of 7060 feet rather than feet due to the configuration
bf the existing public improvements on the south side of Pine Avenue; and
WHEREAS, Pine Avenue presently has a right-of-way width of 80 feet along the portion of
he street proposed to be vacated; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
Dr 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 815 square
eet of land being returned to the tax rolls.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cadsbad,
: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
If clarity 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 a portion of the vacation.
4. The City Clerk is directed to record this resolution in the Office of the County
tecorder of San Diego County.
Y
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5. From the date the resolution is recorded in the County Recorder's office, the area
racated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 10th day of SEPTEMBER , 2002 by the following vote, to wit:
AYES: Council Members Lewis Kulchin, Finnila, Hall
4TTEST:
.OIW&I)dE M. WOOD, City Clerk
'age 2 of 2 of Resolution No. 2002-265
(SEAL)
EXHIBIT A
Legal Description:
THAT PORTION OF TRACT ONE HUNDRED OF CARLSBAD LANDS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY MARCH 1,1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID
TRACT 100 WHICH IS A POINT ALONG THE NORTHERLY RIGHT
OF WAY OF PINE STREET, WHICH POINT IS THE POINT OF
BEGINNING (P.O.B.);
THENCE SOUTH 55'26'54" WEST 181.50 FEET TO A POINT ALONG
THE SOUTHERLY LINE OF SAID TRACT 100, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING (T.P.O.B.);
THENCE SOUTH 34"31'18" EAST ALONG THE EAST LINE OF SAID
LAND A DISTANCE OF 10.00 FEET TO A POINT;
THENCE NORTH 55'26'54'' EAST A DISTANCE OF 81.50 FEET TO A
POINT,
THENCE NORTH 34'31'18'' WEST 10.00 FEET TO A POINT;
THENCE SOUTH 55'26'54" WEST 81.50 FEET TO THE POINT OF
BEGINNING.
SAID AREA CONSISTS OF 815.00 SQUARE FEET, MORE OR LESS.
WITHIN THE ABOVE DESCRIBED PARCEL THE FOLLOWING WILL
BE RESERVED FOR UTILITY PURPOSES:
THE SOUTHEASTERLY 5.00 FEET AND THE SOUTHWESTERLY 5.00
FEET OF SAID VACATION..
FXHIBIT B I, 11
/
LEGEND
\ 815.00 SQ. FT. INDICATES SREET VACP
ASSESSOR'S PARCEL NO,
203-250-11-00
BASIS OF BEARINGS:
THE NORTHWESERLY
OF PINE AVENUE
N55*26'54"W v;
& A.P.N.: \., 203-250-10
/
\ /
LOT
MAP 166 1
SCALE: 1"=30' NORTH
A.P.N.:
203-250-25
LEGAL DESCRIPTION:
THE SOUTHERLY loo' OF THE
WESTERLY 81.5' OF THE EASTERLY
181.5' OF TRACT 100 OF TRACT MAP 1661.
ILPHA & OMEA DEVELOPMENTS
"C"
WPLICANT: SLIM AYWB 4335 WNNWIIU DRM 3 UNm PPARTMEMS
RECORDING REQUESTED BY:
City of Carlsbad
Carlsbad, CA 92008
WHEN RECORDED SEND TO:
-@, 1200 Carlsbad Village Drive
SEF 209 ZOO2 4~29 p~
OFFICIAL RECOKDS 9% DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SWITH, COUNTY RECORDER
FEES: 0.00
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CITY OF CARLSBAD CITY COUNCIL RESOLUTION NO.
2002-265 SUMMARILY VACATING A PORTION OF
STREET RIGHT-OF-WAY AT 218 PINE AVENUE, STV 01-
08.
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RESOLUTION NO. 2002-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF STREET RIGHT-OF-WAY AT 218 PINE AVENUE, STV 01-08.
WHEREAS, a request has been made to vacate a portion of Pine Avenue; and
WHEREAS, Pine Avenue along the portion of the street proposed to be vacated is a local
street requiring an atypical right-of-way width of 7060 feet rather than feet due to the configuration
If the existing public improvements on the south side of Pine Avenue; and
WHEREAS, Pine Avenue presently has a right-of-way width of 80 feet along the portion of
he 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
9s 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 815 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.
2.
That the above recitations are true and correct.
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
if clarity 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 a portion of the vacation.
4. The City Clerk is directed to record this resolution in the Office of the County
tecorder of San Diego County.
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5. From the date the resolution is 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 10 th day of SWI’EMBER , 2002 by the following vote, to wit:
hin, Finnila, Hall
CLAUDEA. LEWl§&lWt% - c/L’
ATTEST
LOkf6llJdE M. WOOD, City Clerk
?age 2 of 2 of Resolution No. 2002-265
(SEAL)
EXHIBIT A
Legal Description:
THAT PORTION OF TRACT ONE HUNDRED OF CARLSBAD LANDS,
!N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 1, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY MARCH 1,1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID
TRACT 100 WHICH IS A POINT ALONG THE NORTHERLY RIGHT
OF WAY OF PINE STREET, WHICH POINT IS THE POINT OF
BEGINNING (P.O.B.);
THENCE SOUTH 55Y26'54" WEST 18 1 SO FEET TO A POINT ALONG
THE SOUTHERLY LINE OF SAID TRACT 100, SAID POJNT ALSO
BEING THE TRUE POINT OF BEGINNING (T.P.O.B.);
THENCE SOUTH 34"3 1'1 8" EAST ALONG THE EAST LINE OF SAID
LAND A DISTANCE OF 10.00 FEET TO A POINT;
THENCE NORTH 5.526'54" EAST A DISTANCE OF 8 1 SO FEET TO A
POINT;
THENCE NORTH 34'3 1'1 8" WEST 10.00 FEET TO A POINT;
THENCE SOUTH 5596'54" WEST 81 SO FEET TO THE POINT OF
BEGINNING.
SAID AREA CONSISTS OF 815.00 SQUARE FEET, MORE OR LESS.
WITHIN THE ABOVE DESCRIBED PARCEL THE FOLLOWING WILL
BE RESERVED FOR UTILITY PURPOSES:
THE SOUTHEASTERLY 5.00 FEET AND THE SOUTHWESTERLY 5.00
FEET OF SAID VACATION,.
d
NORTH
STREET VACATION CITY OF CARLSBAD
PREPARED BY PROJECT NO.
NICK SERVIN STV 01-08 APPLICANT: SALIM AYOUB 4335 SUNNYHILL DRIVE CARlSSnD, CA 92008 /d& %%i 3 UNlT APARTMENTS
RCE. 3353 , MP 6/30/06
SCALE:
SHEET 1 OF 1
APN: 203-250-11
DATE: 8/6/02
(,;
\
\ \ \
LOT
MAP 1661
LEGEND pg~ INDICATES STREET VACATI 815.00 SQ. FL
ASSESSOR'S PARCEL NO.
203-250-11-00 \ . \% BASIS OF BEARINGS: \G
ME NORMWESITRLY LINE
OF PINE AVENUE '\J < \,&* N55O26'54W - '+ Q A.P.N.: ',, 203-250-10
\
0 0
1"=30'
A.P.N.:
203-250-25
LEGAL DESCRIFTION:
THE SOUTHERLY 100' OF THE
WESERLY 81.5' OF THE EASERLY
181.5' OF TRACT 100 OF TRACT MAP 1661.
//'
LPHA & OMEGA DEVELOPMENTS
--
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Isabelle Paulsen, Deputy 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 City Council Resolution No. 2002-265 now on file in the Office of
the City Clerk: 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 16th day of
September, 2002.
ISABELLE PAULSEN
DEPUTYCLERK
(SEAL)