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Home My WebLink About1992-07-28; City Council; 11806; RESOLUTION TO SUMMARILY VACATE PORTIONS OF DEL MAR AVENUE PR.6.110*% a 0 Q PC 2 9 z o a =1 0 2 3 5 00 *’ CIT&& BILL ybT 0 d DEPT. HD. & CITY AT& DEPT. ENC CITY MGR.e RECOMMENDED ACTION: AB # Il:so6 MTG. ma192 TITLE. RESOLUTION TO SUMMARILY VACATE ----+ORTIONS OF DEL MAR AVENUE PR.~ 1 o 1 Adopt Resolution No. 92-235 summarily vacating portions of Del Mar Avenue between Garfield Street and Ocean Street. ITEM EXPLANATION: On April 2,1992 the Army and Navy Academy made an application to vacate two portions of Del Mar Avenue. The proposed use of one of the areas to be vacated is to demolish an existing building and construct a new building structure. The proposed use for the other vacation portion is to return property not needed for public street purposes to private use. There is a traveled roadway adjacent to the areas to be vacated that functions in lieu of Del Mar Avenue and is now known as Cypress Avenue. The areas proposed to be vacated have not been used by the public and have not been maintained as a public right-of-way in the last five years and would not furnish usable access to adjacent property. The areas meet the criteria for a summary vacation in these regards. Part of the traveled roadway of Cypress Avenue is on private property. The applicant has agreed to obtain a grant of easement from the property owner for Cypress Avenue. The owner of this property will be the beneficiary of the second area to be vacated mentioned above. The resolution of vacation is conditioned to not record until this grant of easement has been accepted by the Council and recorded. Upon the recordation of this easement the areas to be vacated will not be needed for any present or future street purposes. On July 7, 1992 The Housing and Redevelopment Commission granted a variance from City Standards for Cypress Avenue to have a right-of-way width of 40 feet. The areas to be vacated and the grant of easement mentioned above are based on the 40 foot right-of- way width. The public utility companies were contacted and none expressed objections or concerns about the proposed vacation. The Resolution of Vacation reserves an easement for all existing utilities for any unknown facility which may exist in the area proposed for vacation. FISCAL IMPACT: Approval of this vacation will result in approximately 99 square feet of land being returned to the tax rolls and approximately 9,240 square feet of land being returned to a private school and this also provides some public benefit. EXHIBITS: 1. Application 2. Location Map 3. Resolution No. 92-235 Summarily Vacating Portions of Del Mar Avenue. CITY OF CARLSBAD (North, South, East, West) (NAME OF STREET) BETWEEN Ocean Street AND Garfield Street (NAME OF STREET) 203-041 -001, 203-1 41 -001 PRESENT USE OF AREA TO BE VACATED: Miscellaneous structures and facilities for the Army and Navy Academy Army and Navy Academy APPLICANT NAME (PRINT OR TYPE) MAILING ADDRESS CITY AND STATE Army and Navy Academy 2605 Carlsbad Blvd. Carlsbad, CA 92008 Douglas 6J. Bender/Agent-Civil Enqineer .................................................. FOR CITY USE ONLY TOTAL FEE REQUIRED DP,TE FEE PAID RECEIVED BY: DEL MAR AVENUE VACATION 2 PR6.110 0 RESOLUTION NO. 92-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR LS BAD, CALI FOR N I A S U M MAR I LY VACATl N G P 0 RTI 0 N S OF DEL MAR AVENUE FROM OCEAN STREET TO ITS TERMINUS NORTHEASTERLY OF GARFIELD STREET WHEREAS, an application has been filed to vacate for public street purposes portions of Del Mar Avenue from Ocean street to its terminus northeasterly of Garfield Street and, WHEREAS, these portions of Del Mar Avenue have not been used by the public for public street purposes in the last five years and, WHEREAS, no public right-of-way has been maintained over these portions of Del Mar Avenue in the last five years and, WHEREAS, public improvements have not been constructed on these portions of Del Mar Avenue and, WHEREAS, the portions of Del Mar Avenue proposed to be vacated have been superseded by a traveled street known as Cypress Avenue and, WHEREAS, the applicant has agreed to obtain a grant to the City of an easement for public street purposes for the right-of-way needed for Cypress Avenue and, WHEREAS, this Resolution to Summarily Vacate is conditioned to not be recorded until said grant of easement has been recorded and, WHEREAS, the Housing and Redevelopment Commission on July 7, 1992 granted a variance from City standards for Cypress Avenue to have a right-of-way width of 40 feet and, WHEREAS, the public utility companies have been contacted and have not expressed objections to this vacation and, WHEREAS, an easement for all existing public utilities is reserved from this vacation and, WHEREAS, the excess right-of-way being vacated is not needed for any present or prospective public street purposes and, 1 2 3 4 5 6 7 a 9 10 l1 X? 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m WHEREAS, the excess right-of-way being vacated is not needed for accec .a adjacent property and, WHEREAS, the vacation will result in approximately 99 square feet of property being returned to the tax rolls; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. 2. That the above recitations are true and correct. Easements and rights necessary to maintain, operate, remove, replace, and renew in-place public utility facilities are hereby reserved and excepted from the Jacation. 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highway!; Code said excess right-of-way more particularly described as Exhibit A and shown for the sake of clarity on Exhibit B, be summarily vacated. 4. The City Clerk is directed to not record this resolution in the office of the County Recorder of San Diego County until a grant deed of easement for public street purposes for Cypress Avenue has been accepted by the City Council and can record concurrently or has been recorded. Ill Ill Ill 111 Ill Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 a 9 10 I.x 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 a 5. From the date this resolution is recorded in the County Recorder’s office the areas vacated shall no longer constitute a public street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 28thday of JULY , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton NOES: None ABSENT: Council Member Nygaard ATEST: ,u- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) - \ 0 e Job No. 118.141 March 18, 1992 EXHIBIT "A" Legal Description Street Vacation Del Mar Avenue Being a portion of Del Mar Avenue in the City of Carlsbad, County of San Diego, State of California, as shown on a map of Record of Suirvey Map No. 12348 in the office of the County Recorder of said County, described as follows: Parcel 1 Beginning at the Northwesterly terminus of that certain course shown as "North 33°13t00tt West 40.04 feett1 on Record of Survey Map No. 12348 in the office of said County Recorder for a portion of the northeasterly line of Del Mar Avenue; thence following the northeasterly line of said Del Mar Avenue the following courses; South 33°13t0011 East 40.04 feet; thence South 54°22t00tr West 17.51 feet to a beginning of a tangent curve concave easterly and having a radius of 35.61 feet; thence southwesterly and southeasterly through a central angle of 144°401008t a distance of 89.91 feet to a point of cusp; thence leaving said northeasterly line and tangent to said curve South 89°42r00t1 West 98.05 feet to a beginning of a tangent curve concave southerly and having a radius of 290.00 feet; thence westerly along said curve through a central angle of 19°49t0411 a distance of 100.31 feet to a beginning of a reverse curve concave northeasterly and having a radius of 20.00 feet, a radial line to said beginning bears South '07f04tt East; thence northwesterly along said curve through a cer. 1 angle of 46O44'01" a distance of 16.31 feet to a point G. the curve concave northwesterlty and having a radius of 20.00 feet, a radial line to said point bears South 04°42112tt West; said curve also being a northwesterly line of said Del Mar Avenue; thence northeasterly following the northwesterly line of said Del Mar Avenue and said curve through a central angle of 40°20r12t1 a distance of 14.08 feet; thence tangent to said curve North 54°221001g East 209.18 feet to the point of Beginning. Contains 9,240 square feet, more or less Parcel 2 Beginning at a point on the southeasterly line of Del Mar Avenue as described in the deed to the City of Carlsbad per deed recorded March 19, 1.981 :s instrument No. 81-08; 3 of Official Records, records of said County of San Diego, s point North 54O22'OOt1 East 15.84 feet from the southwesterly .minus of that certain course show:n as having a bearing and a dismnce of #'North 54°2210011 East 7.93 feettf, thence southwesterly following along said southeasterly line South 54°22t00tt West 15.84 feet to a beginning of a tangent curve concave southeasterly and having a radius of e I 'L 0 e 20.00 feet; thence southwesterly along said curve through a central angle of 75OOO14ltt a distance of 26.18 feet to a point on a curve concave westerly and having a radius of 345.00 feet, a radial line to said curve bears North 69°21'19t1 East; thence leaving said southeasterly line and northerly along said curve through a central angle of 0°3814011 a distance of 3.88 feet to a beginning of a reverse curve concave southeasterly and having a radius of 20.00 feet; a radial line to said beginning bears South 68O42'39I1 West; thence northeasterly along said curve through a central angle of 93°4515411 a distance of 32.73 feet to a beginning of a compound curve concave southerly and having a radius of 250.00 feet, a radial line to said beginning bears North 15O26'29*' West; thence easterly along said curve through a central angle of 02°0415811 a distance of 9.09 feet to the Point of Beginning. Contains 99 square feet more or less. , 2; z,//"L pp, Ddglas W. Bender, R.C.E. 28946 Expires 3/31/95 PROJECT NAME: PROJECT NO. EXHIBIT