HomeMy WebLinkAbout2006-03-28; City Council; Resolution 2006-0741
RESOLUTION NO. 2006-074
2
3
4
5
6
7
8
g
10
11
12
13
14
15
16
22
23
24
25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA. TO VACATE LOCUST STREET.
WHEREAS, Anastasi Development Company, LLC has submitted an application to vacate
Locust Street; and
WHEREAS, the City Council did on June 15, 2004, adopt Resolution No. 2004-194
approving tentative map CT 02-18, The Bluffs; and
WHEREAS, the tentative map of Carlsbad Tract CT 02-18 contemplated the vacation of
Locust Street and the Developer is conditioned to vacate Locust Street as part of the CT 02-18;
and
WHEREAS, on February 21, 2006 City Council approved Resolution no. 2006-042
declaring the intention to vacate Locust Street and setting a public hearing for March 28, 2006;
and
WHEREAS, in order to maintain existing underground sewer and water mains, a portion
will be reserved as an easement for general utility and access purposes as shown on the attached
plat; and
WHEREAS, the final map for CT 02-18 provides all other public easements necessary to
encompass public facilities within the subdivision boundary and is approved by the City Engineer;
and
18
WHEREAS, the excess right-of-way for Locust Street provides no public purpose and
19
would not be useful as a non-motorized transportation facility, therefore, the City Engineer has
20 determined Locust Street is not needed for present or future street purposes; and
21 WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
Locust Street have been performed as required by law; and
WHEREAS, no objections were received by public utility agencies notified as part of this
_. vacation; and26
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said vacation and does hereby find that this portion of Locust Street is unnecessary for present or
28
prospective street purposes.
1
2
3
4
5
6
7
8
g
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 3 of the California Street and
Highways Code, that Locust Street, as described in Exhibit A and shown for the sake of clarity on
Exhibit B, is hereby vacated, closed up, and abandoned for public street purposes.
3. That an easement for general utility and access purposes is hereby reserved over
a portion of Locust Street as shown in Exhibit A and shown for the sake of clarity on Exhibit B.
4. That the City Clerk is directed to record this resolution, the attached legal
description and plat in the office of the County Recorder of San Diego County.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 28th day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Couj*ftil Member Hall
CLAUDE A. LEV
ATTEST:
layor
^C_,
(SEAL)
_ v a
~y *-•- ^_ \«^as.5aj j
U* v ^">!* 1^.-*>»*.i
J.N. 011022-03
REVISED: AUGUST 18, 2005
OCTOBER 26,2004
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF LOCUST STREET (FORMERLY CLEVELAND STREET)
THE BLUFFS CT 02-18
STV 04-06
THOSE PORTIONS OF LOCUST STREET (FORMERLY CLEVELAND STREET)
BETWEEN HARRISON STREET AND ADAMS STREET SHOWN AS DEDICATED
FOR PUBLIC USE HIGHWAYS ON RE-SUBDIVISION OF PORTIONS OF TRACTS
238 AND 243, THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2103,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 3, 1928.
RESERVING THEREFROM THE NORTHERLY 97.62 FEET OF THE WESTERLY
20 FEET AND THE NORTHERLY 110.03 FEET OF THE EASTERLY 20 FEET,
4,153 S.F. (0.10 ACRES MORE OR LESS) FOR A GENERAL UTILITY AND
ACCESS EASEMENT.
AREA = 19,523 SQ. FT. OR 0.45 ACRES MORE OR LESS
/8
GEORGEj^TDAY RC^32014EXP! 12/31/06
O'DAY CONSULTANCYS U
O:\Legal_Descriptions\011 ()22\Streei Vacation.I
fntEXHIBIT 'B
10
206-120-11
9
206-120-10
3
206-120-9
7 I
206-120-8 206-120-7
'LOCUST STREET (FORMERL Y CLEVELAND STREET)
VACATED
LEGEND:
AREA OF VACATION:
19,519 S.F. (0.45 AC±)
AREA OF RESERVED GENERAL
UTILITY & ACCESS EASEMENT:
4,153 S.F. (0.10 AC±)
PROPOSED VACATION OF
LOCUST STREET
PROPOSED RESERVATION
OF GENERAL UTILITY
& ACCESS EASEMENT
LEGAL DESCRIPTION:
A PORTION OF LOCUST STREET (FORMERLY
CLEVELAND STREET) OF RESUBDMSION OF
PORTIONS OF TRACT 258 AND 243 OF THUM
LANDS, PER MAP 2103, RECORDED APRIL 13,
1928.
STREET VACATION PLAT
QuAY / / '
32014 fop. 12/31/06
STV 04-06
VICINITY MAP
NOSCUE
SHT. 1 OF 1 SHTS.
CONSULT T S
2710 Loker Ave. W.
Suite 100
Carlsbad, CA
92010
760-931-7700
Fax:
760-931-8680
G:\011022\0122PVAC01.dwg Aug 18, 2005 10:27am /
Xrefs: 0122MAP
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# 2006-0244422......,.,, >LIM ,1,,, ,,,11 ..I
APR 10, 2006 8:30 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES: 6
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
Resolution No. 2006-074
March 28. 2006
tjlACounty RecorderXRecorder Cover Sheetdoc
RESOLUTION NO. 2006-074
2
3
4
5
6
7
8
g
10
11
12
13
14
15
16
22
23
24
25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA. TO VACATE LOCUST STREET.
WHEREAS, Anastasi Development Company, LLC has submitted an application to vacate
Locust Street; and
WHEREAS, the City Council did on June 15, 2004, adopt Resolution No. 2004-194
approving tentative map CT 02-18, The Bluffs; and
WHEREAS, the tentative map of Carlsbad Tract CT 02-18 contemplated the vacation of
Locust Street and the Developer is conditioned to vacate Locust Street as part of the CT 02-18;
and
WHEREAS, on February 21, 2006 City Council approved Resolution no. 2006-042
declaring the intention to vacate Locust Street and setting a public hearing for March 28, 2006;
and
WHEREAS, in order to maintain existing underground sewer and water mains, a portion
will be reserved as an easement for general utility and access purposes as shown on the attached
plat; and
WHEREAS, the final map for CT 02-18 provides all other public easements necessary to
encompass public facilities within the subdivision boundary and is approved by the City Engineer;
and
18
WHEREAS, the excess right-of-way for Locust Street provides no public purpose and
19
would not be useful as a non-motorized transportation facility, therefore, the City Engineer has
20 determined Locust Street is not needed for present or future street purposes; and
21 WHEREAS, the proposed vacation is in accordance with the Growth Management Policies
and is consistent with the General Plan of the City; and
WHEREAS, all publication and posting of notices regarding the proposed vacation of
Locust Street have been performed as required by law; and
WHEREAS, no objections were received by public utility agencies notified as part of this
„_ vacation; and26
WHEREAS, the City Council did hear the evidence offered by all persons interested in
said vacation and does hereby find that this portion of Locust Street is unnecessary for present or
28
prospective street purposes.
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
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 3 of the California Street and
Highways Code, that Locust Street, as described in Exhibit A and shown for the sake of clarity on
Exhibit B, is hereby vacated, closed up, and abandoned for public street purposes.
3. That an easement for general utility and access purposes is hereby reserved over
a portion of Locust Street as shown in Exhibit A and shown for the sake of clarity on Exhibit B.
4. That the City Clerk is directed to record this resolution, the attached legal
description and plat in the office of the County Recorder of San Diego County.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 28th day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: C,oiy*til Member Hall
CLAUDE A. LEV
ATTEST:
flayor
LO (SEAL)
J.N. 011022-03
REVISED: AUGUST 18, 2005
OCTOBER 26, 2004
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF LOCUST STREET (FORMERLY CLEVELAND STREET)
THE BLUFFS CT 02-18
STV 04-06
THOSE PORTIONS OF LOCUST STREET (FORMERLY CLEVELAND STREET)
BETWEEN HARRISON STREET AND ADAMS STREET SHOWN AS DEDICATED
FOR PUBLIC USE HIGHWAYS ON RE-SUBDIVISION OF PORTIONS OF TRACTS
238 AND 243, THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2103,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
APRIL 3, 1928.
RESERVING THEREFROM THE NORTHERLY 97.62 FEET OF THE WESTERLY
20 FEET AND THE NORTHERLY 110.03 FEET OF THE EASTERLY 20 FEET,
4,153 S.F. (0.10 ACRES MORE OR LESS) FOR A GENERAL UTILITY AND
ACCESS EASEMENT.
AREA = 19,523 SQ. FT. OR 0.45 ACRES MORE OR LESS
GEORGEP'DAY R
O'DAY CONSULTAN
32014EX^. 12/31/06
O:\Usgal_tJoscriptions\OI K)22\Strcet Vacation.Igl.iloc
EXHIBIT 'B'
I
JO'
10
206-120-11
9
206-120-10
B
206-120-9
7
206-120-8
6
206-120-7
LOCUST STREET (FORMERL Y CLEVELAND STREET)
4
206-120-13
CT 02-18
BOUNDARY-
LEGEND:
AREA OF VACATION:
19,519 S.F. (0.45 AC±)
AREA OF RESERVED GENERAL
UTILITY & ACCESS EASEMENT:
4,153 S.F. (0.10 AC±)
PROPOSED VACATION OF
LOCUST STREET
PROPOSED RESERVATION
OF GENERAL UTILITY
<k ACCESS EASEMENT
LEGAL DESCRIPTION:
A PORTION OF LOCUST STREET (FORMERLY
CLEVELAND STREET) OF RESUBDMSION OF
PORTIONS OF TRACT 238 AND 243 OF THUU
LANDS, PER MAP 2103, RECORDED APRIL 13,
1928.
STREET VACATION PLAT
~
.. .3
O'DAT
2014 'EXP.12/31/06
STV 04-06
VICINITY MAP
NOSCME
SHT. 1 OF 1 SHTS.
CONSULT ~S
2710 Loker Ave. W.
Suite 100
Carlsbad, CA
92010
760-931-7700
Fax:
760-931-8680
S:\011022\0122PVAC01.dwg Aug 18, 2005 10:27am
Xrefs: 0122MAP
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. 2006-074. TO VACATE LOCUST STREET. STV 04-06.
with the original now on file in the Office of the City Clerk of the City of Carlsbad; and
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 30th day of March,
2006.
R. KJJ
/«°' " *°T vi X^- ASSISTANT CITY CLERKV
zo --»^r *,--> -n= (SEAL)