HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-0631
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RESOLUTION NO. 2004-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF STREET RIGHT-OF-WAY FRONTING 31 77 LINCOLN
STREET, STV 03-04.
WHEREAS, Lincoln Street is designated as a local street, which requires a right-of-way
Nidth of 60 feet; and
WHEREAS, Lincoln Street presently has a right-of-way width of 80-feet along the portion
Df 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 street purpose and would not be
Jseful as a non-motorized transportation, facility, and
WHEREAS, the proposed vacation is consistent with the General Plan of the City of
Sarlsbad; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 750 square
'eet of land being returned to the tax rolls; and
WHEREAS, SBC Pacific Bell has facilities within the area to be vacated and have
*equested reservation of a public utility easement as part of this street vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia, 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
Sode, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of
Aarity 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.
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4. The City Clerk is directed to record this resolution, the attached legal description
ind plat in the Office of the County Recorder 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 2nd day of March , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
ATTEST 1
Resolution No. 2004-063 page 2
(SEAL)
STV 03004
EXHIBIT “A”
STREET VACATION
LEGAL DESCRIPTION AS FOLLOWS
THE PORTION OF LINCOLN STREET, 80.00 FEET IN WIDTH, BEING A PART OF
CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AS SHOWN ON MAP 1661 , FILED IN THE OFFICE OF SAID COUNTY
RECORDER MARCH 1,1915 DESCRIBED AS FOLLOWS.
THE SOUTHWESTERLY 10.00 FEET OF LINCOLN STREET LYING SOUTHEASTERLY
OF THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF
DIEGO COUNTY RECORDER, NOVEMBER 18,1996, AND LYING NORTHWESTERLY
OF THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF
THAT LAND DESCRIBED PER DOC. 1996-0583714, FILED IN THE OFFICE OF THE SAN
THAT LAND DESCRIBED PER SAID DOC. 1996-0583714.
AS SHOWN ON PLAT ATTACHED HERETO AS EXHIBIT “By’ AND BY THIS
REFERENCE THERETO MADE A PART HEREON.
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STREET VACATION PLAT
E XH I B 1 T ” B ”
203-250-08 N55’27’00”E \
10.00’
203-250-09 ?- DOC. 1996-0583714 I NOVEMBER 18, 1996
OFFICIAL RECORDS I
N 55’27’00” E
100.00’
30.00’ N 55’2 7’ 0O”E
10.00’ w
203-250-10
I
- --I 9 0 i‘: +i -
I
PINE AVENUE
1 -------
INDICATES AREA OF STREET VACATION y//////n 750.00 S.F.
203-250-09 INDICATES ASSESSOR’S PARCEL NUMBER
GRAPHIC SCALE 1”=40’
0 40 80 120 STV 03004
PREPARED By: GOLD COAST SURVEYING, IN(
P.O. BOX 1876 - WSTA CA 920~~876
(760) 758- 7732 FM (760) 758- 7733
1 10 EsCaNDlDO AKNUE SUITE #208 V/STA, CA 92084 gcsi@mpo werc0m.n
DRAWN BY: R.L.K.
DATE: 11 /25/2003
DWG. NO.: 200360.DWG
CHECKED BY: C.N.W.