HomeMy WebLinkAbout1990-09-04; City Council; 10812; RESOLUTION TO SUMMARILY VACATE A PORTION OF SWIFT PLACE PR 6.102RESOLUTION TO SUMMARILY VACATE
RECOMMENDED ACTION:
Adopt Resolution No.9O -3j%ummarily vacating a portion of Swift Place easterly of
Palomar Oaks Way.
ITEM EXPLANATION:
On June 21, 1990 the City received a letter of request to vacate a portion of Swift Place
at the terminus of Swift Place, easterly from Palomar Oaks Way. The applicant was BHA
Inc. on behalf of California Communities, Inc.
On July 24, 1985 a portion of Swift Place consisting of a cul-de-sac bulb was recorded
as a public road easement. The recording was a dedication connected with the Airport
Business Centre Tract, Unit Ill of CT 81 -46. No public facilities have been constructed on
No public utilities utilizes the portion to be vacated. Public utilities have been notified and
have not expressed any objection to the proposed vacation.
The application for the proposed vacation was made pursuant to the applicant filing for
a Tentative Parcel Map, MS 824. The Tentative Parcel Map proposes a continuing of Swift
Place and therefor excess right of way would be created because the continuation would
eliminate the need for a CUI de sac bulb at this location.
Staff has reviewed the application for the vacation and has concluded that since all
adjacent property will have adequate access from the new proposed Swift Place, the
excess right of way is not needed for any present or future public street needs. Therefor
staff recommends that this portion of Swift Place be summarily vacated, on the condition
that the vacation not be recorded until the final map for MS 824 containing the new Swift
Place dedication is recorded.
This vacation would be in substantial conformance with the General Plan and Growth
Management policies. This vacation is categorically exempt from environmental review.
FISCAL IMPACT:
!i E 2
Approval of this vacation will result in approximately 11,233 square feet of land to be
returned to the tax rolls.
.. z 0 1. Letter requesting street vacation.
2. Location Map.
3. Resolution No.% -33-1 to summarily vacate a portion of Swift Place easterly
E a e of Palomar Oaks Way. z 3 0 0
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ROD BRADLEY, Urban Planner
RONALD L. HOLLOWAY, Civil Engineer
b k A, Inc.
land planning, civil engineering, surveying
May 25, 1990
W.O. NO. 248-0439-600
Mr. Lloyd Hubbs City Engineer CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: STREET VACATION FOR A PORTION OF SWIFT PLACE, MS 824
Dear Mr. Hubbs:
BHA, Inc., on behalf of our client, California Communities, request a street vacation for a portion of Swift Place, as shown on MS 824.
Very truly yours, 7*9- Armand L.S. 5941 A. Ma ois
AAM:klb
138 Escondido Avenue, Suite 209 c Vista, California 92084 o (619) 941-1881
1615 Murray Canyon Road, Suite 910 0 San Diego, California 92108 o (619) 298-8861
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AREA OF STREET’ VACATION
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LOCATION MAP
NTS
bkA, Inc.
land planning, civi I engineering, surveying
(619) 298.8861 (619) 941-1881 1615 Murray Canyon Road 138 Escondido Avenue
San Diego California 92108 Vista, Caltfornla 92084 Suite 910 Suite 209
APL WU 248- 0439 - 600 5/30/90
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RESOLUTION NO. 90-334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUM MAR1 LY VACATl N G AN
EASEMENT OVER A PORTION OF SWIFT PLACE EASTERLY OF
PALOMAR OAKS WAY.
WHEREAS, a request has been made to vacate a portion of Swift Pace at its terminus,
easterly from Palomar Oaks Way, and
WHEREAS, the area proposed to be vacated is a cul-de-sac turn around area, and
WHEREAS, the applicant has filed an application for Minor Subdivision No. 824 which
proposes to continue Swift Place to a new terminus and turn around area, and
WHEREAS, no public facilities have been constructed on the area to be vacated, anc
WHEREAS, the area to be vacated has not been used as a public road, and
WHEREAS, the area to be vacated has not been used for access to adjaceni
properties, and
WHEREAS, no public utilities utilize the area to be vacated, and
WHEREAS, the new alignment of Swift Place will provide adequate access to thc
adjacent properties, and
WHEREAS, the City Council finds that the area to be vacated is not needed for presen
or future street needs, and
WHEREAS, the City Council finds that this vacation would be in substantia
conformance with the General Plan, and
WHEREAS the City Council finds that this vacation would be in substantial conformana
with Growth Management Program;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
California, as follows:
1.
2.
That the above recitations are true and correct.
That pursuant to Chapter 1050 of the California Street and Highways Code saic
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excess right-of-way more particularly described as Exhibit A, and shown for the sake of clarity
on Exhibit B, be summarily vacated.
3. The City Clerk is instructed to record this resolution in the office of the County
Recorder of San Diego County, concurrently with or after the recordation of the final map for
Minor Subdivision No. 824.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 4th day of Septa , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Larson, Mamaux and Pettine
NOES: None
ABSENT:
ATTEST:
ALETHA L. RAUTENKRANZ, city Cieri’
(SEAL)
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EXHIBIT A
STREET VACATION
All that portion lying within Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 more particularly
described as follows:
Beginning at the southeasterly corner of Lot 65 of Map 11811,
Recorded May 19, 1987, in the Office of the County Recorder of San Diego County, as File Page No. 87-276653: thence along the easterly
line of said Lot 65, North 25°31104'1 East, 40.00 feet to the TRUE
POINT OF BEGINNING, said point also being the beginning of a
tangent 60.00 foot radius curve concave southwesterly: thence
easterly and southerly along said curve, through a central angle
of 211°2313011, an arc distance of 221.37 feet; thence tangent to said curve, South 56'54'34" West, 37.10 feet to the north line of
Lot 54 of Map 11289, Recorded July 16, 1985, in the Office of the County Recorder of San Diego County, as File Page No. 85-252984;
thence along said north line, North 50°2813911 West, 91.59 feet, to a point on a non-tangent 336.00 foot radius curve, concave southeasterly, a radial bearing to said point bears North 56"4615411 West: thence northerly along said curve, through a central angle
of 00°5811111, an arc distance of 5.69 feet: thence tangent to said
curve, North 34°1111711 East, 35.53 feet; thence North 64"2815611
West, 9.20 feet to the TRUE POINT OF BEGINNING.
Said portion contains 11,232.80 square feet.
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STREET VACATION PLAT
EXHIBIT B
Ns6 OSw’34’‘E
and I JV\-I~.I
land planning, civil engineering, surveying
1619) 298-8861 (6191 941 1881
Suite 910 Suite 209 138 Esconaiao Avenue
Vista Calltornla 92084
1615 Murray Canyon Road
AROlS L.S. 5941 San Diego Calltornla 92108
A - - __
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y& "-pa kkr co paw of gf CACIFflRN1A 0 1973 CITY OF CARLSBAD
ATN: ENGINEERING DEPT.
1200 ELM RESOLUTION NO. 9 0 - 3 0 1
CARLSBAD, CA 90028
//&24y5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING
EASEMENTS OVER PORTIONS OF TERN PLACE AND
STARLING COURT.
WHEREAS, a request has been made to vacate portions of Tern Place and Starlini
Court, and
WHEREAS, the easements previously dedicated contains no public facilities 01
appurtenances, and
WHEREAS, the easements previously dedicated provide no useable
adjoining property, and;
WHEREAS, the proposed easements to be vacated will be consistent with thc
circulation element of the General Plan upon the dedication of additional road easement
required pursuant to the conditions of approval for Minor Subdivision No. 839
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
California, as follows:
1.
2.
That the above recitations are true and correct.
That, pursuant to Chapter 1050 of the California Street and Highway
Code, said easement, more particularly described in Exhibit A and shown for the sake c
clarity on Exhibit B, be summarily vacated.
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1974
3. The City Clerk is authorized to record this resolution concurrently with c
after the recordation of Minor Subdivision No. 839 in the office of the County Recordc
of San Diego County.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
Council held on the 21st day of August 3 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettir
NOES: None
ABSENT: None
ATTEST:
d.Aa& 2.4-
ALETHA L. RAUTENKRANZ, City Cle
(SEAL)
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dd3,11*SV TPVACl 1975 0
4/20/90** (js)
LEGAL DESCRIPTION
STREET VACATION TERN PLACE AND STARLING COURT
Being a portion of Tern Place and Starling Court as shown and
dedicated on City of Carlsbad Tract 85-35, Phase I Unit "AI*,
in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12409 filed in the
Office of the County Recorder of San Diego County June 29,
1989 as File No. 89-345850, being more particularly described as follows:
PARCEL A - TERN PLACE
BEGINNING at the Southeast corner of Lot 31 of said Map No.
12409 said corner being on the Westerly right of way line of
said Tern Place: thence along said Westerly right of way line
North 11'24'00" West, 17.72 feet, to the beginning of a tangent 328.00 foot radius curve concave to the East: thence
Northerly along the arc of said curve through a central angle
of 23"16'001' a distance of 133.19 feet; thence North
11°52'0011 East, 345.71 feet, to the beginning of a tangent
172.00 foot radius curve concave to the West; thence Northerly along the arc of said curve through a central angle of O6"06'3Ott a distance of 18.34 feet, to the beginning of a compound 90.00 foot radius curve concave to the West, a radial line to said point bears South 84'14'3Ott East: thence
Northerly along the arc of said curve through a central angle
of 21'01'50'~ a distance of 33.03 feet, to a point of cusp
with a 90.00 foot radius curve concave to the West, said point hereinafter referred to as Point *SAt*, a radial line to
said point bears North 68'40'32'* East; thence leaving said Westerly right of way line Southerly along the arc of said curve through a central angle of 18"28'23*l a distance of
29.02 feet, to the beginning of a conpound 172.00 foot radius curve concave to the. West, a radial line to said point bears North 87'08'55" Zast; thence Southerly along the arc of said curve through a central angle of 14"43'05" a distance of
44.18 feet: thence South 11"52'0Ot8 West, 341.67 feet, to the beginning of a tangent 328.00 foot radius curve concave to the East; thence Southerly along the arc of said curve through a central angle of 23"16'001f a distance of 133.19
feet to the POINT OF BEGINNING.
PARCEL B - TERN PLACE
Commencing at the hereinabove described Point *IAtt said point
being on the Westerly right of way line of Tern Place said
point also being on the arc of a 90.00 foot radius curve
concave Westerly, a radial to said point bears North
74"43'4Ott East: thence Northerly along said Westerly right of way line and the arc of said curve through a central angle
of 9"48'35" a distance of 15.41 feet: thence North 2S004'5411
EXHIBI'
a 0 1976
West, 50.00 feet to the beginning of a tangent 48,oo foot
radius curve concave to the East: thence Northerly <%long th
arc of said curve through a central angle of 36'c)8'2481 c.
distance of 30.28 feet to the TRUE POINT OF BEGINNING , rc
radial line to said point bears North 87°34/4711 West; thenct
Easterly along the Westerly and Northerly right of way lint
of said Tern Place and the arc of said 48.00 foo' radius curve through a central angle of 184'16'5OW a distanco of 154.38 feet: thence South 06"42'0311 West, 2.67 feet, to r point of cusp with a 48.00 foot radius curve concave to the South, a radial line to said point bears South 86'49'16';
East; thence leaving the Northerly right of way line of saic
Tern Place Westerly along the arc of said curve through T
central angle of 174'02'52" a distance of 145.81 feet 'io thL
TRUE POINT OF BEGINNING.
PARCEL C - STARLING COURT
Commencing at the Southeast corner of Lot 62 of said Map No.
12409 said point being on the Northerly right of way line o said Starling Court, said point also being on the arc of i-
48.00 foot radius curve concave to the South, a radial line
to said point bears North 00'13'08" West: thence Easterll-
along said Northerly right of way line and the arc of saic curve through a central angle of 15'10'191t a distance 01
12.71 feet to the TRUE POINT OF BEGINNING, a radial line tc said point bears North 14"57811*1 East: thence Southeasterly, Southerly and Southwesterly along the Easterly right of way line of said Starling Court and the arc of said 48.00 foor radius curve through a central angle of 183'27'49" a distant:.
of 153.70 feet: thence North 71'35'0011 West, 5.80 feet, to a point of cusp with a 48.00 foot radius curve concave to th: West: thence leaving said Southeasterly right of way line Northerly along the arc of said curve through z central anglr of 176°32'1011 a distance of 147.89 feet to the TRUE POINT 01- BEGINNING.
PLD Technologies k/& &fiqo
Dale A. Davis L.S.5894
License Expires 12/31/92
EXHIBIT
CWVE TABLE
C3 9'48'35:; 90 00' 15 41 C4 18'28'23 90 00: 29 02 C5 24'09'27'' 90 00 37 95 C6 14O43'05:: 172 00' 44 18 C7 36'08 :24 48 00' 30 28 C8 184O16 50" 48 00' 154 38 / c9 174002 '52" 48 00 J 145 ai
SCALE: 1*=50'
INDICA TES STffET VACA TIGN
PctD Technologies
TERN PLACE srREEr VACA TroN
PROJECT NAME :
STARLING COURT STREET VACATION
PROJECT NO. EXHIBIT
PR 6.101 B
* 0 .1 b
I.
1979
STATE OF CALIFORNIA, )
COUNTY OF SAN DlEGO ) ss.
KAREN R. KUNDTZ, Assistant I. ... ./ , (;it! (:lcrli of tiit. (;ity of (:arIsl)ad, (:oiitity of S:w IIicsgo, Stat(, of (hlifortliii.
il(ar(>~)>, cxbrtify tilat I iiavc. c.oitll)ar(.cl tllr foregoing copy wzitl] tlic, origiiiai .ResolutiO.n~~90-301 I):lss(b(1 arlt~
adoptrd 1)); said (:it!. (:oiincil. at ..... a..regular.... ........ iiitvting thcwof, at tlic tiiiw :uid I)y tlw votc tiicw.iii
stiitcd. wIiic.Ii origilial . .R e.So1UtiO.n ........ ..... is itow on fiI(, in riiy ofI3c.r.: tirat thc S~IIW contains ;I hill. triic.
:\iitl cwrrc1c.t tt-ailscl-ipt tlic.rc+rortt and of ttw whole tliewof.
\\‘itrirsss ili!’ iiaiitl an(1 tlica sc.al of said (:it)i of (;arlsI)ad, tilis -4th.. (lay of .___. S.~ptember.,...l99!? __..__._ ..___.
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