HomeMy WebLinkAbout2008-08-05; City Council; Resolution 2008-226RE-RECORDED DQC# 2008-0504689
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SEP 24, 2008 9:07 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,!. SMITH COUNTY RECORDER
FEES: 48.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RE-RECORDED City of Carlsbad
CERTIFIED COPY OF RESOLUTION NO. 2008-226
Summarily Vacating a Portion of Pine Avenue (STV 08-01)
Re-record to correct Document No. 2008-0425728 of
August 8, 2008
In the Resolution Portion of Document No. 2008-0425728,
no Council Members are reflected as absent.
The corrected Resolution reflects
Council Member Hall as absent.
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RESOLUTION NO. 2008-226
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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OF PINE AVENUE. STV 08-01.
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WHEREAS, Thomas and Jennifer Vogel, have submitted a request to vacate a portion of
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Pine Avenue over a portion of Lot 16, Block 41 of the Amended Map of The Town of Carlsbad, in
6 the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 775,
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8 WHEREAS, Pine Avenue is defined as a "street" per Section 8308 of the California
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
filed in the Office of the County Recorder of San Diego County, February 15,1894; and
WHEREAS, Pine Aven
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
and Highways Code; and
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WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
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WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
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interest to vacate said easement.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
18 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 the
sake of clarity in Exhibit B, shall be summarily vacated.
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 County Recorders, this easement
no longer constitutes a public street.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5™ day of August, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Hall.
MIDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, CrtyClerk7
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION
STREET VACATION (STV 08-01)
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
THAT PORTION OF PINE AVENUE AS SHOWN ON AMENDED MAP OF THE TOWN
OF CARLSBAD, MAP NO. 775, SAID MAP RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10.00 FEET OF PINE AVENUE ADJOINING LOT 16, BLOCK 41
OF SAID MAP NO. 775.
CONTAINS 1,400 SQUARE FEET MORE OR LESS.
CHRIS CIREMELE, LS 5267
BEST
COPY
VICINITY MAP
INDICATES PORTION OF PINE AVENUE
TO BE VACATED
AREA = 1,400 SO. FT.
PROPERTY BOUNDARY
STREET VACATION BOUNDARY
STREET CENTERLINE
40.00'
EXISTING ROW
PINE
JO. 00'
PROPOSED ROW
20.00'
STREET 5.50'
- 10.00'
D=r L
SHEET 1 OF 2
p/0 No. LS 5267?
1*1 Exp. 12-31-09 y*
/ ss s
COPY PINE STREET SECTION
AND PROPOSED ROW
•PROPOSED
VACATION
VACATION PLAT CITY OF CARLSBAD
APPLICANT:
THOMAS E.
AND
JENNIFER J.
VOGEL
PREPARED BY:
CHRIS D. CIREMELE DATE
LS. NO. 5267 EXP. 12/31/09
PROJECT:
635 PINE AVENUE
CARLSBAD, CA. 92008
APN
204-082-01
EXHIBIT B
UJ
LU
Oo
40.00'-
SHEET 2 OF 2
-£
PINE AVENUE
N55'26'56"E ^^PROPOSED ROW
PROPOSED 10' ROW
VACATION
. , , N55'26'56"E
J ^~ //J "0.00'
•N55'26'56*E\ 140.00' —~^
EXISTINGLOT 16
LOT 15
N55'26'56"E 140.00' Q_
LOT 14 20.00
LOTS 17 & 18
BEST
COPY
120'
1 INCH = 40' FEET
AREA OF PROPOSED VACATION
BASIS OF BEARING: CENTERLINE OF PINE
AVENUE BEARING N.55' 26' 56"E.
VACATION PLAT CITY OF CARLSBAD
APPLICANT:
THOMAS E.
AND
JENNIFER J.
VOGEL
PREPARED BY:
CHRIS D. CIREMELE DATE
L.S. NO. 5267 EXP. 12/31/09
PROJECT:
635 PINE AVENUE
CARLSBAD, CA. 92008
APN
204-082-01
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. 2008-226. SUMMARILY VACATING A PORTION OF
PINE AVENUE (STV 08-01). 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 18th day of
September, 2008.
CRRY:
DEPUTY
(SEAL)
JEISINGER
,ERK u
6676 DGC#
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
AUG 08, 2008 2:57 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ SMITH COUNTY RECORDER
FEES: 27.00
PAGES:
111
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
Certified Copy of Resolution No. 2008-226
Summarily Vacating a Portion of Pine Avenue
(STV 08-01)
COPY
6677
RESOLUTION NO.2008-226
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
OF PINE AVENUE. STV 08-01.
WHEREAS, Thomas and Jennifer Vogel, have submitted a request to vacate a portion of
Pine Avenue over a portion of Lot 16, Block 41 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; and
WHEREAS, Pine 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, this vacation is made pursuant to Section 8334(a) of the California Streets
and Highways Code; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
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 the
sake of clarity in Exhibit B, shall be summarily vacated.
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 County Recorders, this easement
no longer constitutes a public street.
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6678PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5th day of August. 2008, by the following vote to
wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
ATTEST:
"-
EXHIBIT "A"
LEGAL DESCRIPTION
STREET VACATION (STV 08-01)
6679
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
THAT PORTION OF PINE AVENUE AS SHOWN ON AMENDED MAP OF THE TOWN
OF CARLSBAD, MAP NO. 775, SAID MAP RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10.00 FEET OF PINE AVENUE ADJOINING LOT 16, BLOCK 41
OF SAID MAP NO. 775.
CONTAINS 1,400 SQUARE FEET MORE OR LESS.
• 4-' ¥•(
CHRIS CIREMELE, LS 5267
n/0 No. LS 5267
Exp. 12-31-09
BEST
COPY
SHEET 1 OF 2
VICINITY MAP
INDICATES PORTION OF PINE AVENUE
TO BE VACATED
AREA = 1,400 SO. FT.
PROPERTY BOUNDARY
STREET VACATION BOUNDARY
STREET CENTERLINE
40.00'
EXISTING ROW
PINE
30.00'
PROPOSED ROW
20.00'
5.:
- 10.00'
D=r L
PINE STREET SECTION
AND PROPOSED ROW
PROPOSED
VACATION
VACATION PLAT CITY OF CARLSBAD
APPLICANT:
THOMAS E.
AND
JENNIFER J.
VOGEL
PREPARED BY:
CHRIS D. CIREMELE DATE
L.S. NO. 5267 EXP. 12/31/09
PROJECT:
635 PINE AVENUE
CARLSBAD, CA. 92008
APN
204-082-01
EXHIBIT B
SHEET 2 OF 2
6681
STREELTROOS_ £
PINE AVENUE
N55'26'56"E ^PROPOSED ROW
§
40.00'—
PROPOSED 10' ROW
VACATION
§
740.00'
EXISTING ROW^fl
140.00' CL
LOT 14
CM
y/
BEST
COPY
1 INCH = 40' FEET
AREA OF PROPOSED VACATION
BASIS OF BEARING: CENTERLINE OF PINE
AVENUE BEARING N.55* 26' 56"E. '
VACATION PLAT CITY OF CARLSBAD
APPLICANT:
THOMAS E.
AND
JENNIFER J.
VOGEL
PREPARED BY:
/ /V.x... V-
CHRIS D. CIREMELE DATE
LS. NO. 5267 EXP. 12/31/09
PROJECT:
635 PINE AVENUE
CARLSBAD, CA. 92008
APN
204-082-01
EXHIBIT B
/f
6682
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. 2008-226 - Summarily Vacating a Portion of Pine Avenue
(STV 08-01) , 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 6th day of
August, 2008.
KAfcEN>R.
ASSISTANT CITY CLE
(SEAL)
1
RESOLUTION NO. 2008-226
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
OF PINE AVENUE. STV 08-01.
4
WHEREAS, Thomas and Jennifer Vogel, have submitted a request to vacate a portion of
5
Pine Avenue over a portion of Lot 16, Block 41 of the Amended Map of The Town of Carlsbad, in
6 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; and
8 WHEREAS, Pine Avenue is defined as a "street" per Section 8308 of the California
9 Streets and Highways Code; and
10 WHEREAS, the portion of street to be vacated is excess right-of-way not required for
11 street or highway purposes; and
12 WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets
13 and Highways Code; and
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and14
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
15
interest to vacate said easement.
16
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
18 1. That the above recitations are true and correct.
19 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
20 Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the
21 sake of clarity in Exhibit B, shall be summarily vacated.
22 3. The City Clerk is directed to record this resolution, the attached legal description
23 and plat in the Office of the County Recorder of San Diego County.
4. That upon recordation of this Resolution at the County Recorders, this easement
no longer constitutes a public street.
^.O
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5™ day of August, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Hall.
UJDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk7
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION
STREET VACATION (STV 08-01)
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
THAT PORTION OF PINE AVENUE AS SHOWN ON AMENDED MAP OF THE TOWN
OF CARLSBAD, MAP NO. 775, SAID MAP RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10.00 FEET OF PINE AVENUE ADJOINING LOT 16, BLOCK 41
OF SAID MAP NO. 775.
CONTAINS 1,400 SQUARE FEET MORE OR LESS.
CHRIS CIREMELE, LS 5267
SHEET 1 OF 2
D=r
VICINITY MAP
INDICATES PORT/ON OF PINE AVENUE
TO BE VACATED
AREA = 1,400 SO. FT.
PROPERTY BOUNDARY
STREET VACATION BOUNDARY
STREET CENTERLINE
40.00'
EXISTING ROW
PINE
JO. 00'
PROPOSED ROW
20.00' - -
STREET 5.50'
10.00'
L
SITE
PINE STREET SECTION
AND PROPOSED ROW
• PROPOSED
VACATION
VACATION PLAT CITY OF CARLSBAD
APPLICANT:
THOMAS E.
AND
JENNIFER J.
VOGEL
PREPARED BY:
CHRIS D. CIREMELE DATE
LS. NO. 5267 EXP. 12/31/09
PROJECT:
635 PINE AVENUE
CARLSBAD, CA. 92008
APN
204-082-01
EXHIBIT B
STRESHEET 2 OF 2
PINE AVENUE
N55'26'56"E PROPOSED ROW
|
PROPOSED 10' ROW
VACATION
140.00'
EXISTING ROW s *!
w >\ r>|
/
7.00]
1 INCH = 40' FEET
AREA OF PROPOSED VACATION
BASIS OF BEARING: CENTERLINE OF PINE
AVENUE BEARING N.55' 26' 56"E.
VACATION PLAT CITY OF CARLSBAD
APPLICANT:
THOMAS E.
AND
JENNIFER J.
VOGEL
PREPARED BY:
CHRIS D. CIREMELE DATE
LS. NO. 5267 EXP. 12/31/09
PROJECT:
635 PINE AVENUE
CARLSBAD,
APN
204-082-01
EXHIBIT B