HomeMy WebLinkAbout2008-12-16; City Council; Resolution 2008-335F6
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RECORDED AT THE REQUEST Of
' CHICAGO TITLE COMPANY
SUBDIVISION DEPT.
10350
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DQC# 2009-0044494
JAN 29, 2009 4:34 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 24.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
City of Carlsbad
CERTIFIED COPY OF RESOLUTION NO. 2008-335
Summarily Vacating Approximately 0.705 Acres of Public
Street Right-of-Way Located West of Rancho Santa Fe
Road, South of Melrose Drive, and South and East of
Corintia Street, STV 07-02
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RESOLUTION NO. 2008-335
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
10351
CARLSBAD, CALIFORNIA, SUMMARILY VACATING
APPROXIMATELY 0.705 ACRES OF PUBLIC STREET RIGHT-OF-
WAY LOCATED WEST OF RANCHO SANTA FE ROAD, SOUTH OF
MELROSE DRIVE, AND SOUTH AND EAST OF CORINTIA
STREET. STV 07-02.
WHEREAS, a request has been made to vacate a portion of public street right-of-way
located west of Rancho Santa Fe Road, south of Melrose Drive, and south and east of Corintia
Street; and
WHEREAS, the centerline of Melrose Drive was realigned to a position northerly of the
' ' original road alignment; and
12 WHEREAS, the realignment created a surplus area of right-of-way in excess of that
required for current or future needs; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not
required for present or future street purposes; and
WHEREAS, the excess right-of-way provides no public street purposes and would not
be useful as a non-motorized transportation facility; and
1R WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
19 WHEREAS, the vacation of this excess right-of-way will result in approximately 0.705
20 acres of land being returned to the tax rolls; and
21 WHEREAS, the City Engineer has determined that the portion of Melrose Drive to be
22 vacated will be reserved as an easement for general utility and access purposes as shown on
23 the final map known as CT 05-13, La Costa Ridge Neighborhood 2.6, on file with the City
24 Engineer.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:
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1. That the above recitations are true and correct.
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10352
1 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
2 Highway Code, said portion of Melrose Drive, an Easement for County Highway, more
3 particularly described in the attached Exhibit "A", as shown on the final map for Carlsbad Tract
4 CT 05-13, be summarily vacated.
5 3. That the general utility and access easement over said Easement for County
6 Highway be reserved and excepted from said vacation as described in the attached Exhibit "A",
7 as shown on the final map for Carlsbad Tract CT 05-13.
8 4. The City Clerk is directed to record this resolution in the Office of the County
9 Recorder of San Diego County.
1 o 5. From the date the resolution is recorded in the County Recorder's office, the area
1 -| vacated 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 16th day of December, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
City Clerk
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EXHIBIT "A"
MELROSE DRIVE STREET VACATION
STV 07-02
THAT EASEMENT FOR COUNTY HIGHWAY WITHIN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE EASEMENT FOR COUNTY HIGHWAY PER DEED RECORDED
MARCH 1, 1982 AS DOCUMENT NO. 82-054926 LYING WITHIN LOT 9 OF CARLSBAD
TRACT CT 05-13, LA COSTA RIDGE NEIGHBORHOOD 2.6, PER MAP NO.
RECORDED JM 25, . 2008.
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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. 2008-335. Summarily Vacating Approximately 0.705 Acres of Public
Street Right-of-Wav Located West of Rancho Santa Fe Road, South of Melrose Drive,
and South and East of Corintia Street, STV 07-02, 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 8th day of
January, 2009
INGER, DEPUTY CLERK
\\vw/,
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RESOLUTION NO. 2008-335
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, SUMMARILY VACATING
APPROXIMATELY 0.705 ACRES OF PUBLIC STREET RIGHT-OF-
WAY LOCATED WEST OF RANCHO SANTA FE ROAD, SOUTH OF
MELROSE DRIVE, AND SOUTH AND EAST OF CORINTIA
STREET, STV 07-02.
WHEREAS, a request has been made to vacate a portion of public street right-of-way
located west of Rancho Santa Fe Road, south of Melrose Drive, and south and east of Corintia
Street; and
WHEREAS, the centerline of Melrose Drive was realigned to a position northerly of the
11 original road alignment; and
WHEREAS, the realignment created a surplus area of right-of-way in excess of that
-10 required for current or future needs; and
14 WHEREAS, the City Engineer has determined that the excess right-of-way is not
15 required for present or future street purposes; and
ifi WHEREAS, the excess right-of-way provides no public street purposes and would not
be useful as a non-motorized transportation facility; and
18 WHEREAS, the proposed vacation is consistent with the General Plan of the City; and
19 WHEREAS, the vacation of this excess right-of-way will result in approximately 0.705
20 acres of land being returned to the tax rolls; and
21 WHEREAS, the City Engineer has determined that the portion of Melrose Drive to be
22 vacated will be reserved as an easement for general utility and access purposes as shown on
23 the final map known as CT 05-13, La Costa Ridge Neighborhood 2.6, on file with the City
24 Engineer.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
26 California, as follows:
27 1. That the above recitations are true and correct.
28 "
1 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
2 Highway Code, said portion of Melrose Drive, an Easement for County Highway, more
3 particularly described in the attached Exhibit "A", as shown on the final map for Carlsbad Tract
4 CT 05-13, be summarily vacated.
5 3. That the general utility and access easement over said Easement for County
6 Highway be reserved and excepted from said vacation as described in the attached Exhibit "A",
7 as shown on the final map for Carlsbad Tract CT 05-13.
8 4. The City Clerk is directed to record this resolution in the Office of the County
9 Recorder of San Diego County.
10 5. From the date the resolution is recorded in the County Recorder's office, the area
1 1 vacated 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 16th day of December, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
. WdQj), City Clerk
EXHIBIT "A"
MELROSE DRIVE STREET VACATION
STV 07-02
THAT EASEMENT FOR COUNTY HIGHWAY WITHIN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE EASEMENT FOR COUNTY HIGHWAY PER DEED RECORDED
MARCH 1, 1982 AS DOCUMENT NO. 82-054926 LYING WITHIN LOT 9 OF CARLSBAD
TRACT CT 05-13, LA COSTA RIDGE NEIGHBORHOOD 2.6, PER MAP NO. _____
RECORDED , 2008.
To be filled in by the Title Co. after Final Map for Project (CT 05-13)records, saf, Deputy Clerk