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HomeMy WebLinkAbout1995-12-05; City Council; 13428; RESOLUTION OF INTENTION TO VACATE A PORTION OF CHRISTIANSEN WAY BETWEEN CARLSBAD BOULEVARD AND OCEAN STREET PR 6.119z 0 F 0 e s 2 3 0 u underground parking facility within the Lutheran Home project. In addition, the Lutheran Home developer will upgrade and enhance the existing parking facilities located along Grand Avenue between Ocean Street and Carlsbad Boulevard. Staff believes that with the addition of new public and private parking facilities and the construction of new or enhanced streetscape improvements along Grand Avenue and Christiansen Way the City Council will be able to make the findings that the proposed area of street vacation represents excess right-of-way not needed for existing or future public use by the City of Carlsbad. Staff is recommending that the vacation be conditional upon the approval of the Carlsbad by the Sea Lutheran Home project and upon the construction of the Garfield Street, Christiansen Way and Grand Avenue improvements described within the Lutheran Home conditions of project approval. I 0 * Page 2 of Agenda Bill No. j3. qd!8 On September 6, 1995, the Planning Commission determined General Plan Consistency (GPC/PCD 95-03) for the proposed partial street vacation. The environmental impacts were considered with the underlying project. FISCAL IMPACT: Approval of this partial street vacation would result in approximately 11,605 square feet of land to be returned to the tax rolls. However, due to the non-profit status of the Lutheran Home, no additional property tax will be returned to the City. EXHIBITS: 1. Location map. 2. Resolution No. 95’-3YQ declaring the intention to vacate a portion of Christiansen Way between Carlsbad Boulevard and Ocean Street and setting 6:OO p.m. as the date for a public hearing. 1/ 9 / 95 >ROJECT NAME CHRISTIANSEIN WAY STREET VACATION PROJECT EXHIBIT NUMBER 1 pR 6.119 1 2 3 4 5 6 7 a 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 0 0 RESOLUTION NO. 95-346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CHRISTIANSEN WAY BETWEEN CARLSBAD BOULEVARD AND OCEAN STREET. WHEREAS, a request has been made to vacate for public street purposes a portion oi Christiansen Way between Carlsbad Boulevard and Ocean Street; and WHEREAS, the area proposed to be vacated is part of a redevelopment project; and WHEREAS, the remaining portion of the partial street vacation will be improved as pari of said redevelopment project; and WHEREAS, the remaining improved street will serve present and future circulation needs of the area; and WHEREAS, the public utilities utilizing the area have not expressed opposition to the stree vacation if provisions are made to resolve any conflicts; and WHEREAS, with the construction of additional parking facilities along the adjoinins Garfield Street right-of-way, new underground private parking facilities within the Lutheran Home Redevelopment project and, the enhancement of the parking facilities along Grand Avenue adequate parking and circulation facilities will exist for adjoining residents and the public ir general; and WIiEREAS, it is intended that the street vacation be conditioned upon the approval of thc Carlsbad by the Sea Lutheran Home Redevelopment project, RP 94-06, and upon thc construction of all proposed street improvements to Garfield Street, Christiansen Way, and Gram Avenue as contemplated within the conditions of approval for the Carlsbad by the Sea Lutherai Home Redevelopment project, including the relocation of any conflicting public utilities; and WHEREAS, the City Council finds that the proposed street vacation would be ii substantial conformance with the General Plan; 1 2 3 4 5 6 7 8 9 1 o ’’ ’ 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 it is said Council’s intention to vacate, for public street purposes, a portion of Christiansen Way between Carlsbad Boulevard and Ocean Street as described in Exhibit A and shown for clarity on Exhibit B. 3. That it shall also be said Council’s intention to condition this street vacation upon the approval of the Carlsbad by the Sea Lutheran Home Redevelopment project, RP 94-06, and upon the construction of all proposed street improvements to Garfield Street, Christiansen Way, and Grand Avenue as contemplated within the conditions of approval for the Carlsbad by the Sea Lutheran Home Redevelopment project, including the relocation of any conflicting public utilities. 4. That it shall also be said Council’s intention to conduct proceedings for this street vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. That a public hearing shall be held at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO P.M. on Januarv 9. 1996 for all persons interested in or objecting to said-proposed vacation. /// 111 /I/ Ill Ill //I Ill I// 5. 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 0 0 6. That the City Clerk is instructed to publish this resolution of intention in the local newspaper and the City Engineer is instructed to post such notices along the site in accordance with the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on thle 5th day of DECEMBER , 1995 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT: Council Member Kulchin ATTEST: (SEAL) 0 O'DAY CONSULTANTS, INC. 10/02/95 0 93-1015 EXHIBIT I1A1I LEGAL DESCRIPTION CHRISTIANSEN WAY STREET VACATION BEING A PORTION OF CEDAR AVENUE, (NOW CHANGED TO CHRISTIANSEN WAY) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 2, 1887, SAID PORTION LYING BETWEEN BLOCKS 6 AND 9, AND BETWEEN BLOCKS 7 AND 8 OF SAID MAP 365, BEING MORE PARTICUILARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CHRISTIANSEN WAY AND THE EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF CARLSBAD BOULEVARD, SAID POINT SHOWN AS BEING MONUMENTED WITH A 3/4-INCH IRON PIPE WITH TAG RCE 30027 PER ROS 8648, AS SHOWN ON ROS 13586; THENCE SOUTH 54O 46' 27" WEST, ACCORDING TO SAID ROS 13586, ALONG THE CENTERLINE OF CHRISTIANSEN WAY A DISTANCE OF 100.00 FEET TO THE EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF CARLSBAD BOULEVARD, THENCE SOUTH 35' 11' 59" EAST ALONG SAID RIGHT-OF-WAY EXTENSION A DISTANCE OF 32.22 FEET, SAID POINT BEING THE TRUE POINT OF . BEGINNING; THENCE SOUTH 35O 11' 59" EAST ALONG SAID RIGHT-OF-WAY EXTENSION A DISTANCE OF 7.78 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF CHRISTIANSEN WAY; THENCE SOUTH 54O 46' 27" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 495.69 FEET TO A POINT 5.00 FEET FR.OM THE EASTERLY RIGHT-OF-WAY LINE OF OCEAN STREET; THENCE NORTH 35O 13' 06" WEST PARALLEL TO THE EXTENSION OF SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 23.00 FEET TO A POINT 17.00 FEET FR-OM THE CENTERLINE OF CHRISTIANSEN WAY, MEASURED ALONG SAID PARALLEL LINE; THENCE NORTH 54* 46' 27" EAST, PARALLEL TO SAID CHRISTIANSEN WAY CENTERLINE, A DISTANCE OF 194.97 FEET TO THE EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET; THENCE CONTINTJING NORTH 54O 46' 27" EAST A DISTANCE OF 26.91 FEET; THENCE SOUTH 35O 13' 08" EAST A DISTANCE OF 4.50 FEET; THENCE NORTH 54O 46' 27" EAST A DISTANCE OF 66.89 FEET; THENCE NORTH 05O 59' 23" EAST A DISTANCE OF 24.59 FEET; THENCE NORTH 54O 46' 27" EAST A DISTANCE OF 78.96 FEET; THENCE NORTH 60° 51' 42" EAST A DISTANCE OF 22.73 FEET; THENCE SOUTH 35O 13' 33" EAST A DISTANCE OF 18.05 FEET; THENCE NORTH 60° 23' 17" EAST A DISTANCE OF 89.58 FEET TO THE TRUE POINT OF BEGINNING. S AN AREA OF 11,605 SQUARE FEET, MORE OR LESS. e?%%- 722U *Vanda ate Encmca 2J4 aV0 Mnn9 Engtmming xu. CoAfomo 9m Rocctmg 619-931 -7700 Sum Fax 619-931 -We4 SCALE: 1" = 50' DRAWN By: C.H. CHECKED By: H.R. C H RI STlANS EN JOB NO.: 93-1015 WAY VACATIO N QCIF ynmnv doc