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HomeMy WebLinkAbout2008-03-04; City Council; Resolution 2008-059RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2008-0123767 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 2008-059 SUMMARILY VACATING A PORTION OF CHESTNUT AVENUE STV 07-07 Map No. 1681 1 RESOLUTION NO. 2008-059 2 3 21 22 23 24 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION OF CHESTNUT AVENUE. STV 07-07. 4 WHEREAS, Mark E. Gardner and Marita Gardner, husband and wife, have submitted a 5 request to vacate a portion of Chestnut Avenue over a portion of the Southwesterly half of the 6 following described parcel of land: All of Tract 221 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of rt0 the County Recorder of San Diego County, December 9, 1915. Excepting from said Tract 221; the Southwest 100 feet. Also excepting the Northeast 10 feet thereof; and 10 WHEREAS, Chestnut Avenue is defined as a "street" per Section 8308 of the California 11 Streets and Highways Code; and 12 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 be14 useful as a non-motorized transportation facility; and 10 WHEREAS, the vacation of this excess right-of-way will result in approximately 16 550 square feet of land being returned to the tax rolls; and 17 WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets 18 and Highways Code; and 19 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 20 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 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. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the26 sake of clarity in Exhibit B, shall be summarily vacated. 28 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 3. 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. 4. That upon recordation of this Resolution at the Office of the County Recorder, this easement no longer constitutes a public street. 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, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: , CiTy Clerk EXHIBIT "A" CHESTNUT AVENUE STREET VACATION (srv 01-0-7) THAT PORTION OF CHESTNUT AVENUE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY POINT OF TRACT 221 OF THUM LANDS, ACCORDING TO SAID MAP NO. 1681, SAID POINT BEING A POINT ON THE NORTHWESTERLY LINE OF SAID CHESTNUT AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55°27'00" EAST, 100.00 FEET TO THE MOST SOUTHERLY POINT OF LAND DESCRIBED IN DEED TO MARK E. GARDNER AND MARITA GARDNER, IN DOCUMENT RECORDED SEPTEMBER 14, 2006 AS FILE NO. 2006-0656368, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF CHESTNUT AVENUE NORTH 55°27'00" EAST, 55.00 FEET MORE OR LESS TO THE MOST EASTERLY CORNER OF SAID GARDNER LAND; THENCE LEAVING SAID NORTHWESTERLY LINE OF CHESTNUT AVENUE SOUTH 34°33'00" EAST, 10.00 FEET; THENCE SOUTH 55°27'00" WEST, 55.00 FEET MORE OR LESS TO A POINT THAT IS SOUTH 34°33'00" EAST, 10.00 FEET FROM SAID TRUE POINT OF BEGINNING. AREA = 550 SQUARE FEET MORE OR LESS LEGEND:rnAcr NO, 224 STREET VACATION AREA= 550 SF • PROPERTY LINE LOT LINE THACT NO, 220 PORTION OF CHESTNUT AVENUE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFOmHA, ACCOKOm TO MAP THEREOF NO. 1681, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. OTY OF OCEANSDE SITE QTY OF BKMTAS VICINITY MAP NO SCALE BASIS Of BEARINGS THE BASIS OF BEARING FOR THIS PLAT IS THE NORTHWESTERLY UNE OF CHESTNUT AVEHUE AS SHOm ON MAP 1681, I.E. N55'27'00"E CONS 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odaycorfsultants.corn Civil Engineering Planning Processing Surveying EXHIBIT 'B'SHT. 1 STV 07-07 OF 2 SHTS. CITY OF CARLSBAD: STREET VACATION REQUESTED BY: GARDNER CONSTRUCTON & DEVELOPMENT 490 ALABAMA ST. SUITE 101 REOLANOS, CA 92373 R.€.E. 272f4 EXP. 3/31/09 A.p.N. 204-132-06 DATE 10-09-07 G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10:41am Xrefs: 0712MAP \ \ \\ \ GARDNER LAND \ APN 204-132-06 \ EASEMENT DATA TABLE DELTA/BEARING N 55'2700 E S 34'JJ'OO" E S 55'2700 W 4 N 34-33'QQ RADIUS LENGM 55.00' 10.00' 55.00' 10.00' \\221 MAP \ \1881 \ \ CONSULT A^N T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931 -7700 Fax: 760-931-8680 www.odayconSuttants.com Civil Engineering Planning Processing Surveying EXHIBIT 'B' SCALE: 1" = 40' STV 07-07 SHT. 2 OF 2 SHTS. CITY OF CARLSBAD: STREET VACATION REQUESTED BY: GARDNER C0NSTRUCTON & DEVELOPMENT 490 ALABAMA ST. SUITE 101 REDLANDS, CA 92373 PREPARED BY: PATR1C 27214 EXP. 3/31/09 A.P.N. 204-132-06 DATE 10-09-07 G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10:41am Xrefs: 0712MAP 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. 2008-059. SUMMARILY VACATING A PORTION OF CHESTNUT AVENUE. STV 07-07. 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 5th day of March, 2008. SZ1ERPEP (SEAL) 1 RESOLUTION NO. 2008-059 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 9 10 11 12 21 22 23 24 25 OF CHESTNUT AVENUE. STV 07-07. 4 WHEREAS, Mark E. Gardner and Marita Gardner, husband and wife, have submitted a 5 request to vacate a portion of Chestnut Avenue over a portion of the Southwesterly half of the 6 following described parcel of land: All of Tract 221 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of 8 the County Recorder of San Diego County, December 9, 1915. Excepting from said Tract 221; the CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION Southwest 100 feet. Also excepting the Northeast 10 feet thereof; and WHEREAS, Chestnut 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 be14 useful as a non-motorized transportation facility; and 15 WHEREAS, the vacation of this excess right-of-way will result in approximately 16 550 square feet of land being returned to the tax rolls; and 17 WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets 18 and Highways Code; and 19 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and 20 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 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. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the26 sake of clarity in Exhibit B, shall be summarily vacated. 28 1 3. The City Clerk is directed to record this resolution, the attached legal description 2 and plat in the Office of the County Recorder of San Diego County. 4. That upon recordation of this Resolution at the Office of the County Recorder, this easement no longer constitutes a public street. 5 6 8 /// 9 /// 10 /// 11 /// 12 /// 13 14 '" 15 '" III 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 '" 25 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, Hall, Packard and Nygaard. NOES: None. ABSENT: None. TLAUDEW ATTEST: D, City Clerk EXHIBIT "A" CHESTNUT AVENUE STREET VACATION (srv THAT PORTION OF CHESTNUT AVENUE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, MORE PARTICULARLY DESCRIBED AS FOLLOWS:' BEGINNING AT THE MOST SOUTHERLY POINT OF TRACT 221 OF THUM LANDS, ACCORDING TO SAID MAP NO. 1681, SAID POINT BEING A POINT ON THE NORTHWESTERLY LINE OF SAID CHESTNUT AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55°27'00" EAST, 100.00 FEET TO THE MOST SOUTHERLY POINT OF LAND DESCRIBED IN DEED TO MARK E. GARDNER AND MARITA GARDNER, IN DOCUMENT RECORDED SEPTEMBER 14, 2006 AS FILE NO. 2006-0656368, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF CHESTNUT AVENUE NORTH 55°27'00" EAST, 55.00 FEET MORE OR LESS TO THE MOST EASTERLY CORNER OF SAID GARDNER LAND; THENCE LEAVING SAID NORTHWESTERLY LINE OF CHESTNUT AVENUE SOUTH 34°33'00" EAST, 10.00 FEET; THENCE SOUTH 55°27'00" WEST, -55.00 FEET MORE OR LESS TO A POINT THAT IS SOUTH 34°33'00" EAST, 10.00 FEET FROM SAID TRUE POINT OF BEGINNING. AREA = 550 SQUARE FEET MORE OR LESS LEGEND: STREET VACATION AREA= 550 SF PROPERTY LINE — LOT LINE v NO, 224 THtiM TXACT NO, 220 1681 TRACT NO, 225 PORTION OF CHESTNUT AVENUE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. an OF SITE NOT T0\\ SCALE \ PACIFIC OCEAN an OF SAN IMKCOS VICINITY MAP BASIS OF BEARINGS: THE BASIS OF BEARING FOR THIS PLAT IS THE NORTHWESTERLY LINE OF CHESTNUT AVENUE AS SHOWN ON MAP 1681, I.E. N55m27'00'E NO SCALE C 0 N S U 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying EXHIBIT 'B'SHT. 1 SJV 07-07 OF 2 SHTS. CITY OF CARLSBAD: STREET VACATION REQUESTED BY: GARDNER CONSTRUCTON & DEVELOPMENT 490 ALABAMA ST. SUITE 101 REOLANDS, CA 92373 PREPARED BY: PATRI R.C.E. 272T4 EXP. 3/31/09' A.P.N. 204-132-06 DATE 10-09-07 G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10: 41 am Xrefs: 0712MAP EASEMENT DATA TABLE DELTA/BEARING N 55'2700 E S 34'3300" E S 55'2700 WGARDNER LAND \ APN 204-132-06 \ N J4'J3W W CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying 40 SCALE: 1" = 40' STV 07-07 SHT. 2 OF 2 SHTS.EXHIBIT 'B CITY OF CARLSBAD: STREET VACATION PREPARED BY: PATRIOT REQUESTED BY: GARDNER CONSTRUCTON & DEVELOPMENT 490 ALABAMA ST. SUITE 101 REDLANDS, CA 92373 A.P.N. 204-132-06 DATE 10-09-07R.C.E. 27214 EXP. 3/31/09 G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10:41am Xrefs: 0712MAP 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. 2008-059. SUMMARILY VACATING A PORTION OF CHESTNUT AVENUE. STV 07-07. 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 5th day of March, 2008. SHERR/FREISINGER f&PUT^ (SEAL) '"t,,,*^