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HomeMy WebLinkAbout2008-03-04; City Council; Resolution 2008-056RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2008-0123766 MAR 10, 2008 10:32 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO 2008-056 SUMMARILY VACATING A PORTION OF OAK AVENUE STV 07-04 Map No. 1661 1 RESOLUTION NO. 2008-056 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 7 24 25 26 27 28 OF OAK AVENUE. STV 07-04. 4 WHEREAS, Robert L. Nielsen, Trustee under Declaration of Trust dated November 15, 5 1985, has submitted a request to vacate a portion of Oak Avenue over a portion of Tract 99 of 6 Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to the 8 lying within Oak Avenue as dedicated per said Map; and CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION Official Map thereof No. 1661, filed in the Office of San Diego County Recorder on March 1, 1915, WHEREAS, Oak Avenue is 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, the excess right-of-way provides no public street purpose and would not be 9 10 11 12 13 ii useful as a non-motorized transportation facility; and14 WHEREAS, the vacation of this excess right-of-way will result in approximately 15 797 square feet of land being returned to the tax rolls; and 16 WHEREAS, Time Warner Cable has facilities within the area to be vacated and has 17 requested reservation of a public utility easement as part of this street vacation; and 18 WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets19 and Highways Code; and 20 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 21 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 22 interest to vacate said easement. 23 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. Easements and rights necessary to maintain, operate, replace, remove or renew in-place public utility facilities are reserved and excepted from the vacation. 1 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 2 Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the 3 sake of clarity in Exhibit B, shall be summarily vacated. 4. 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. 3 5. That upon recordation of this Resolution at the Office of the County Recorder, 6 this easement no longer constitutes a public street. 8 /// 9 /// 10 /// 11 /// 12 /// 13 '" 14 '" III15 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 '" 25 '" III 26 27 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 4th day of March, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Council Member Hall. ATTEST: >< W0f©6, City Cleric CT ->- ••;.71- EXHIBIT "A" LEGAL DESCRIPTION STV 07-04 THAT PORTION OF TRACT 99 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MARCH 1,1915, LYING WITHIN OAK AVENUE AS DEDICATED PER SAID MAP DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE ADJOINING THAT LAND AS CONVEYED BY DEED TO ROBERT L. NIELSEN AS TRUSTEE RECORDED JANUARY 13, 1989 AS FILE NO. 89-021270 OF OFFICIAL RECORDS CONTAINS 797 SQUARE FEET MORE OR LESS. SEAN C. ENtjLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS SHEET 1 OF 2 VICINITY MAP NOT TO SCALE LEGEND n INDICATES PORTION OF OAK AVENUE TO BE VACATED AREA = 797 SQUARE FEET STREET CENTERLINE EXISTING STREET R.O.W. SUBJECT PROPERTY BOUNDARY STREET VACATION BOUNDARY INDICATES RECORD DATA PER DEED TO NIELSEN RECORDED ON JANUARY 13, 1989 AS F\N 89-021270, OF OFFICIAL RECORDS. CLS#490VAC - COASTAL LAND SOLUTIONS, INC 573 SECOND STREET ENCINITAS. CA 92024 PH (760) 230-6025 FAX (760) 230-6026 STV 07-04 VACATION PLAT - CITY OF CARLSBAD APPLICANT: ROBERT NIELSEN PREPARED BY: SEAN C\£NGLERT DATE L.S. 7959 EXP. 3/31/08 PROJECT: NIELSEN RESIDENCE 381 S 391 OAK AVENUE CARLSBAD, CA 92008 A.P.N.: 203-260-07 S 12 EXHIBIT "B GRAPHIC SCALE SHEET 2 OF 2 0 50 100 150 N55°57'18"E OAK AVENUE DEDICATED PER MAP NO. 1661 ^-79.69' __ L L ___ OAK AVENUE .28' 119.71' N55°57' 18 "E 79.69'm [80'^ 119.69 N55°57' 18" ooru CD CO cncn oT 40. [40 00' '] CVJ OJo 79.69' [80'] N55°54'23"E 319.41' n CLS#490VAC COASTAL LAND SOLUTIONS, INC 573 SECOND STREET ENCINITAS. CA 92024 PH (760) 230-5025 FAX (760) 230-6026 Q< O in on 1LvD + I- STV 07-04 VACATION PLAT - CITY OF CARLSBAD APPLICANT: ROBERT NIELSEN PREPARED BY: SEAN C.rWGLEflT DATE L.S. 7959 EXP. 3/31/08 PROJECT: NIELSEN RESIDENCE 381 S 391 OAK AVENUE CARLSBAD. CA 92008 A.P.N.: 203-260-07 S 12 EXHIBIT "B" 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. 208-0056. SUMMARILY VACATING A PORTION OF OAK AVENUE. STV 07-04. 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 5th day of March, 2008. EISINGER CLERK 1 RESOLUTION NO. 2008-056 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 7 9 10 11 12 OF OAK AVENUE. STV 07-04. 4 WHEREAS, Robert L. Nielsen, Trustee under Declaration of Trust dated November 15, 5 1985, has submitted a request to vacate a portion of Oak Avenue over a portion of Tract 99 of 6 Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to the 8 lying within Oak Avenue as dedicated per said Map; and 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION Official Map thereof No. 1661, filed in the Office of San Diego County Recorder on March 1, 1915, WHEREAS, Oak Avenue is 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 ,0 WHEREAS, the excess right-of-way provides no public street purpose and would not be useful as a non-motorized transportation facility; and14 WHEREAS, the vacation of this excess right-of-way will result in approximately 15 797 square feet of land being returned to the tax rolls; and 16 WHEREAS, Time Warner Cable has facilities within the area to be vacated and has 17 requested reservation of a public utility easement as part of this street vacation; and 18 WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets 19 and Highways Code; and 20 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 21 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 22 I interest to vacate said easement. 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. Easements and rights necessary to maintain, operate, replace, remove or renew in-place public utility facilities are reserved and excepted from the vacation. 1 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and 2 Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the 3 sake of clarity in Exhibit B, shall be summarily vacated. 4. 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. 5 5. That upon recordation of this Resolution at the Office of the County Recorder, 6 this easement no longer constitutes a public street. 8 /// 9 /// 10 /// 11 /// 12 /// 13 14 '" III 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 '" III 26 27 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 4th day of March, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Council Member Hall. ATTEST: Wd©6, City Clerk EXHIBIT "A" LEGAL DESCRIPTION STV 07-04 THAT PORTION OF TRACT 99 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MARCH 1,1915, LYING WITHIN OAK AVENUE AS DEDICATED PER SAID MAP DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 10.00 FEET OF OAK AVENUE ADJOINING THAT LAND AS CONVEYED BY DEED TO ROBERT L. NIELSEN AS TRUSTEE RECORDED JANUARY 13, 1989 AS FILE NO. 89-021270 OF OFFICIAL RECORDS CONTAINS 797 SQUARE FEET MORE OR LESS. _ SEAN C. ENjjLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS SHEET 1 OF 2 VICINITY MAP NOT TO SCALE LEGEND /v/J INDICATES PORTION OF OAK AVENUE TO BE VACATED AREA = 797 SQUARE FEET STREET CENTERLINE EXISTING STREET R.O.W. SUBJECT PROPERTY BOUNDARY STREET VACATION BOUNDARY INDICATES RECORD DATA PER DEED TO NIELSEN RECORDED ON JANUARY 13, 1989 AS F\N 89-021270. OF OFFICIAL RECORDS. CLS#490VAC COASTAL LAND SOLUTIONS, INC 573 SECOND STREET ENCMTAS, CA 92024 PH (760) 230-6025 FAX (760) 230-6026 STV 07-04 VACATION PLAT - CITY OF CARLSBAD APPLICANT: ROBERT NIELSEN PREPARED BY: SEAN C \JNGLERT DATE L.S. 7959 EXP. 3/3i/OB PROJECT: NIELSEN RESIDENCE381 S 391 OAK AVENUE CARLSBAD, CA 92008 A.P.N.: 203-260-07 & 12 EXHIBIT "B" 0 GRAPHIC SCALE 50 1"=50'SHEET 2 OF 2 100 150 n N55°57' 18"E OAK AVENUE DEDICATED PER MAP NO. 1661 N-79.691 OAK AVENUE 119.71' b N55°57'18"E 79.69' [80' 119.69' N55°57' 18 "E 40.00 [40'] CD CO 01m OJT OJo CD <J>cn 79.69'[80'] N55°54'23"E 319.41' CLS#490VAC COASTAL LAND SOLUTIONS, INC 573 SECOND STREET ENCINITAS. CA 92024 PH (760) 230-6025 FAX (760) 230-6026 STV 07~04 Q O vft I- VACATION PLAT - CITY OF CARLSBAD APPLICANT: ROBERT NIELSEN PREPARED BY: SEAN C. ^EhGLERT DATE L.S. 7959 EXP. 3/31/08 PROJECT: 381 S 391 OAK AVENUE CARLSBAD, CA 92008 A.P.N.: 203-260-07 S 12 EXHIBIT "B" 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. 208-0056. SUMMARILY VACATING A PORTION OF OAK AVENUE. STV 07-04. 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 5th day of March, 2008. •> — •*?}&!&• f. '""tntl^