HomeMy WebLinkAbout2003-02-11; City Council; Resolution 2003-0431
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RESOLUTION NO. 2003-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF STREET RIGHT-OF-WAY AT 3112 LINCOLN STREET AND
325 OAK AVENUE, STV 02-01.
WHEREAS, a request has been made to vacate a portion of Oak Avenue and
Lincoln Street; and
WHEREAS, Oak Avenue and Lincoln Street along the portion of the street proposed to be
vacated is designated as a local street which requires a right-of-way width of 60 feet; and
WHEREAS, Oak Avenue and Lincoln Street presently has a right-of-way width of 80 feet
along the portion of the street proposed to be vacated; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
for present or future street purposes; and
WHEREAS, the excess right-of-way provides no public street purpose and would not be
useful as 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 2,600
square feet of land being returned to the tax rolls; and
WHEREAS, several utility companies have facilities within the area to be vacated and
have requested reservation of a utility easement and exception from the vacation.
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 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. That the easement and rights necessary to maintain, operate, replace, remove, or
renew in-place public facilities are reserved and excepted from the vacation.
Ill
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4. The City Clerk is directed to record this resolution in the Office of the County
3ecorder of San Diego County.
5. From the date the resolution is recorded in the County Recorder's office, the area
lacated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the llTH day of FEBRUARY , 2003 by the following vote, to wit:
AYES: Council Member Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None.
ABSENT: None.
(SEAL)
Resolution No. 2003-043
EXHIBIT “A”
Legal Description
STV 02-01
Parcel 1
The southerly 10.00 feet of Oak Avenue adjoining Parcel lof Parcel Map No. 11077, in
the City of Carlsbad, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 10, 1981 as file no. 81-072875 of official
record together with the easterly 10.00 feet of Lincoln Street adjoining said Parcel 1 and
prolongating to the southerly 10.00 feet of Oak Avenue adjoining Parcel 1 of said map.
Excepting therefrom that portion lying westerly of a tangent 20.00 foot radius curve
between the easterly 10.00 feet of Lincoln Street and the southerly 10.00 feet of Oak
Avenue.
Area 1,767 sq. ft.
Parcel 1
This legal description was prepared by me or under my direction
S:\Snipes\CAll IX\LegalWarcel I
EXHIBIT “A”
Legal Description
Parcel 2
STV 02-01
The southerly 10.00 feet of Oak Avenue adjoining Parcel 2 of Parcel Map No, 11077, in
the City of Carlsbad, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 10, 1981 as file no. 81-072875 of official
record.
Area 750 sq. ft.
Parcel 2
This legal description was prepared by me or under my direction
S:\Snipes\CAl 1 lX\Legal\Parcel 2
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CITY OF CARLSBAD
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