HomeMy WebLinkAbout2004-03-23; City Council; Resolution 2004-091RESOLUTION NO. 2004-091
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, SUMMARILY VACATING
APPROXIMATELY 247 SQUARE FEET OF PUBLIC STREET
RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF
LAGUNA DRIVE AND ROOSEVELT STREET. STV 03-01.
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WHEREAS, a request has been made to vacate a portion of public right-of-way at the
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southwest corner of Laguna Drive and Roosevelt Street; and
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WHEREAS, the centerline of Roosevelt Street was realigned to a position east of the
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original road alignment creating an excess area of right-of-way; and
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WHEREAS, the City Engineer has determined that the excess right-of-way is not required
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for present or future street purposes; and
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WHEREAS, the excess right-of-way provides no public street purpose and would not be
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useful as a non-motorized transportation facility; and
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WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
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WHEREAS, the vacation of this excess right-of-way will result in approximately 247 square
feet of land being returned to the tax rolls; and
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WHEREAS, none of the utility companies have facilities within the area to be vacated and
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therefore have no objection to this vacation.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:20
1. That the above recitations are true and correct.
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2. That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways22
Code, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of23
clarity in Exhibit B, be summarily vacated.
3. The City Clerk is directed to record this resolution in the Office of the County25 '
Recorder of San Diego County.
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4. 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 23rd day of March , 2004 by the following vote, to wit:
AYES: Council Members Lewis,^innila, Hall and Packard.
NOES: None,
ABSENT
CLAUDE A. LE
ATTEST:
Mayi
(SEAL)
Resolution No. 2004-091 Page 2
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"2--
February 26, 2004
J.N. 152.10
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR STREET VACATION
BEING A PORTION OF ROOSEVELT STREET AS DEDICATED ON SEASIDE
LANDS ACCORDING TO MAP THEREOF NO. 1722, ON FILE IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID MAP NO. 1722;
THENCE ALONG THE EASTERLY BOUNDARY LINE THEREOF
1. SOUTH 33°59'52" EAST 12.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
2. SOUTH 89°24'08" EAST 1.14 FEET TO THE BEGINNING OF A 20 FOOT
RADIUS CURVE CONCAVE
WESTERLY: THENCE ALONG THE
ARC OF SAID CURVE
3. SOUTHERLY 28.34 FEET THROUGH A CENTRAL ANGLE OF
81 °11'09"; THENCE
4. SOUTH 08°12'59" EAST 17.46 FEET TO A POINT ON THE EASTERLY
BOUNDARY LINE OF SAID LOT 20;
THENCE ALONG THE EASTERLY
BOUNDARY THEREOF
5. NORTH 33°59'52" WEST 41.53 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 247 SQUARE FEET, MORE OR LESS.
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYORS ACT.
MIGUEL^. MARTINEZ P.L.S. 7443 /DATE
Page 1 of 1
EXHIBIT'S'
LEGEND
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NO SCALE
PORTION LOT 20
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CITY OF CARLSBAD STREET VACATION
APPLICANT:
WAVECREST, LLC
BILL CANEPA
PREPARED BY:
MIGUEL A. MARTINEZ P.LS.
APN:
203-101-30 SHEET 1 OF 1 SHEET
VAC-ESM.dwo 2-26-04 5i59>52 DM
RERECORDED
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC :• 2004-0434774
MAY 13, 20O4 8=32 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Wo.
Document # 2004-0300288, recorded April 8, 2004, was recorded without the
exhibits attached to the original resolution, and needs to be re-recorded with the
referenced exhibits, A and B, attached.
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
14 2004-0300288
APR OB, 2QQ4 4=47 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 2004-091
SUMMARILY VACATING APPROXIMATELY 247 SQUARE
FEET OF PUBLIC STREET RIGHT-OF-WAY AT THE
SOUTHWEST CORNER OF LAGUNA DRIVE AND
ROOSEVELT STREET (STV 03-01)
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RESOLUTION NO. 2004-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING
APPROXIMATELY 247 SQUARE FEET OF PUBLIC STREET
RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF
LAGUNA DRIVE AND ROOSEVELT STREET. STV 03-01.
WHEREAS, a request has been made to-vacate a portion of public right-of-way at the
southwest corner of Laguna Drive and Roosevelt Street; and
WHEREAS, the centerline of Roosevelt Street was realigned to a position east of the
original road alignment creating an excess area of right-of-way; 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 247 square
feet of land being returned to the tax rolls; and
WHEREAS, none of the utility companies have facilities within the area to be vacated and
therefore have no objection to this 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. The City Clerk is directed to record this resolution in the Office of the County
Recorder of San Diego County.
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4. 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 23rd day of March , 2004 by the following vote, to wit:
AYES: Council Members Lewis,^innila, Hall and Packard.
NOES: N0ne_ABSENT
CLAUDE A. L
ATTEST:
(SEAL)
Resolution No. 2004-091 Page 2
7
February 26, 2004
J.N. 152.10
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR STREET VACATION
BEING A PORTION OF ROOSEVELT STREET AS DEDICATED ON SEASIDE
LANDS ACCORDING TO MAP THEREOF NO. 1722, ON FILE IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID MAP NO. 1722;
THENCE ALONG THE EASTERLY BOUNDARY LINE THEREOF
1. SOUTH 33°59'52" EAST 12.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
2. SOUTH 89°24'08" EAST 1.14 FEET TO THE BEGINNING OF A 20 FOOT
RADIUS CURVE CONCAVE
WESTERLY: THENCE ALONG THE
ARC OF SAID CURVE
3. SOUTHERLY 28.34 FEET THROUGH A CENTRAL ANGLE OF
81°11'09"; THENCE
4. SOUTH 08°12'59" EAST 17.46 FEET TO A POINT ON THE EASTERLY
BOUNDARY LINE OF SAID LOT 20;
THENCE ALONG THE EASTERLY
BOUNDARY THEREOF
5. NORTH 33°59'52" WEST 41.53 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 247 SQUARE FEET, MORE OR LESS.
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYORS ACT.
MIGUELK MARTINEZ P.L.S. 7443
Page 1 of 1 -V5££*u>^
EXHBfT V
LEGEND
;*S*^$N INDICATES STREET VACATIONt-:-v.-.vv--^-:v-v.-.v1 AREA _ 247 $.F.
MONTY MAP
NO SCALE
PORTION LOT 20
N33W52"W 78.04
g^
N0812'59"W 19.80'
CITY OF CARLSBAD STREET VACATION
APPLICANT:
WAVECREST, LLC
BILL CANEPA
PREPARED BY:
MIGUEL A. MARTINEZ P.LS.
APN:
203-101-30 SHEET 1 OF 1 SHEET
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Karen R. Kundtz, Assistant City 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 RESOLUTION NO. 2004-091 SUMMARILY VACATING A
PORTION OF LAGUNA DRIVE AND ROOSEVELT STREET (STV 03-01) with the
original now on file in the Office of the City Clerk of the City of Carlsbad: 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 26th day of
March. 2004.
CN
ASSISTANT CITY
(SEAL)