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HomeMy WebLinkAbout2008-02-12; City Council; Resolution 2008-038RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DQC# 2008-0083860 FEB19, 2008 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2008-038 SUMMARILY VACATING A PORTION OF MADISON STREET AND OAK AVENUE, STV 06-07 1 RESOLUTION NO. 2008-038 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 OF MADISON STREET AND OAK AVENUE. STV 06-07. 4 WHEREAS, Russell Lee Bennett, a single man, has submitted a request to vacate a 5 portion of Madison Street and Oak Avenue over a portion of lots 11 through 16, Block 47 of the 6 Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to 7 /Exhibit CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 8 1894; and WHEREAS, Madison Street and Oak Avenue are defined as a "street" per Section 8308 of the California Streets and Highways Code; and WHEREAS, the portion of street to be vacated is excess right-of-way not required for street or highway purposes; and WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets g 10 11 12 13 and Highways Code; and WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 15 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 16 interest to vacate said easement. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 18 California, as follows: 19 1. That the above recitations are true and correct. 20 2. Easements and rights necessary to maintain, operate, replace, remove or renew 21 in-place public utility facilities are reserved and excepted from the vacation. 22 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 23 Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 4. The City Clerk is directed to record this resolution, the attached legal description 25 and plat in the Office of the County Recorder of San Diego County. 26 5. That upon recordation of this Resolution at the County Recorders, this easement 27 no longer constitutes a public street. 28 ^, 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Council Member Hall. -EWI6, Mayi ATTEST: EXHIBIT A Public Street Vacation STY 06- 07 Parcel 1: Oak Avenue That portion of Oak Avenue in Block 47 of THE AMENDED MAP OF THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894, described as follows: BEGINNING at the most northerly corner of Lot 16 of said Map; thence South 55°27' West 140.00 feet along the northerly boundary of Lot 16 to the most westerly corner of Lot 16; thence North 10°27' East 7.07 feet to a line parallel with and 5.00 feet northerly measured at right angles from said northerly boundary; thence along said parallel line North 55°27' East 135.00 feet to the northerly extension of the easterly line of Lot 16; thence along said extension South 34°33' East 5.00 feet to the POINT OF BEGINNING. Easements and rights necessary to maintain, operate, replace, remove, or renew in place public utility facilities are reserved and excepted from the vacation. Parcel 2: Madison Street That portion of Madison Street (formerly Third Street) in Block 47 of THE AMENDED MAP OF THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894, described as follows: BEGINNING at the most Southerly corner of Lot 11 of said Map; thence North 34°33' West 150.00 feet along the westerly boundaries of Lots 11, 12, 13, 14, 15, and 16 to the most westerly corner of Lot 16; thence South 10°27' West 7.07 feet to a line parallel with and 5.00 feet westerly measured at right angles from said westerly boundary; thence along said parallel line South 34°33' East 145.00 feet to the westerly extension of the southerly line of Lot 11; thence along said extension North 55°27' East 5.00 feet to the POINT OF BEGINNING. Easements and rights necessary to maintain, operate, replace, remove, or renew in place public utility facilities are reserved and excepted from the vacation. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. //•iW" ^VoVP/Q ?y\ * EXPIRES 12-31-08 |*| Signature: V_O*_^(^_ \l \ff fo\ Dan Hooper, LS 7249 VV No 72^ License Expires 12/31/08 N^toF-M*^ Date: January 28, 2008 ^ C ^ EXHIBIT B (STV 06- 07) PUBLIC STREET VACATION 0 20 40 SCALE: 1 "=40' VICINITY MAP NO SCALE CITY OF CARLSBAD Portion of street to be vacated and reserved for public utility facilities Location: Madison Street & Oak Avenue, Carlsbad Owner. Russell Bennett Type of Survey: Public Street Vacation APN: 204-031-01, 02, 03 & 04 FOB Point of Beginning Parcel 1 = 687.5 s.f. Parcel 2 = 737.5 s.f. Conway & Associates, Inc.753-1453 2525 Pio Pico Drive • Suite 102 • Carlsbad, CA 92008 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, 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 RESOLUTION NO. 2008-038, SUMMARILY VACATING A PORTION OF MADISON STREET AND OAK AVENUE. STV 06-07. 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 13th day of February, 2008. 7 1 RESOLUTION NO. 2008-038 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF MADISON STREET AND OAK AVENUE. STV 06-07. 4 WHEREAS, Russell Lee Bennett, a single man, has submitted a request to vacate a 5 portion of Madison Street and Oak Avenue over a portion of lots 11 through 16, Block 47 of the 6 Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to 8 1894; and c( map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, WHEREAS, Madison Street and Oak Avenue are defined as a "street" per Section 8308 of the California Streets and Highways Code; and WHEREAS, the portion of street to be vacated is excess right-of-way not required for street or highway purposes; and WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets 9 10 11 12 13 and Highways Code; and14 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 15 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 16 interest to vacate said easement. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 18 California, as follows: 1. That the above recitations are true and correct. 20 2. Easements and rights necessary to maintain, operate, replace, remove or renew 21 in-place public utility facilities are reserved and excepted from the vacation. 22 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 23 Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the sake of clarity in Exhibit B, shall be summarily vacated. 4. The City Clerk is directed to record this resolution, the attached legal description 25 and plat in the Office of the County Recorder of San Diego County. 26 5. That upon recordation of this Resolution at the County Recorders, this easement 27 no longer constitutes a public street. 28 " 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Council Member Hall. LEWIS, Maytfr ATTEST: sj£ M. W£)0D, City Clerk EXHIBIT A Public Street Vacation STV06- 07 Parcel 1: Oak Avenue That portion of Oak Avenue in Block 47 of THE AMENDED MAP OF THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894, described as follows: BEGINNING at the most northerly corner of Lot 16 of said Map; thence South 55°27' West 140.00 feet along the northerly boundary of Lot 16 to the most westerly corner of Lot 16; thence North 10°27' East 7.07 feet to a line parallel with and 5.00 feet northerly measured at right angles from said northerly boundary; thence along said parallel line North 55°27' East 135.00 feet to the northerly extension of the easterly line of Lot 16; thence along said extension South 34°33' East 5.00 feet to the POINT OF BEGINNING. Easements and rights necessary to maintain, operate, replace, remove, or renew in place public utility facilities are reserved and excepted from the vacation. Parcel 2: Madison Street That portion of Madison Street (formerly Third Street) in Block 47 of THE AMENDED MAP OF THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894, described as follows: BEGINNING at the most Southerly corner of Lot 11 of said Map; thence North 34°33' West 150.00 feet along the westerly boundaries of Lots 11, 12, 13, 14, 15, and 16 to the most westerly corner of Lot 16; thence South 10°27' West 7.07 feet to a line parallel with and 5.00 feet westerly measured at right angles from said westerly boundary; thence along said parallel line South 34°33' East 145.00 feet to the westerly extension of the southerly line of Lot 11; thence along said extension North 55"27' East 5.00 feet to the POINT OF BEGINNING. Easements and rights necessary to maintain, operate, replace, remove, or renew in place public utility facilities are reserved and excepted from the vacation. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. Signature: Dan Hooper, LS 7249 License Expires 12/31/08 Date: January 28, 2008 EXHIBIT B (STV 06- 07) PUBLIC STREET VACATION 0 20 _40 SCALE: 1 "=40' VICINITY MAP NO SCALE CITY OF CARLSBAD Portion of street to be vacated and reserved for public utility facilities Location: Madison Street & Oak Avenue, Carlsbad Owner Russell Bennett Type of Survey: Public Street Vacation APN: 204-031-01, 02, 03 A 04 POB Point of Beginning Parcel 1 = 687.5 s.f. Parcel 2 - 737.5 s.f. Conway & Associates, Inc.753^453 2525 Pio Pico Drive • Suite 102 • Carlsbad, CA 9200B