HomeMy WebLinkAbout1996-01-09; City Council; 13463; PUBLIC HEARING FOR STREET VACATION ON A PORTION OF CHRISTIANSEN WAY BETWEEN CARLSBAD BOULEVARD AND OCEAN STREETPUBLIC HEARING FOR
RECOMMENDED ACTION:
Adopt Resolution No. ?&- /&
Carlsbad Boulevard and Ocean Street, subject to certain conditions.
vacating a portion of Christiansen Way bc
ITEM EXPLANATION:
On December 5, 4995, City Council adopted Resolution No. 95-346, a Resolu
Intention, to vacate a portion of Christiansen Way between Carlsbad Boulevard and
Street. The Resolution of Intention set January 9, 1996, as the time for the public k
to hear all persons interested in or objecting to the proposed vacation.
In its existing condition, Christiansen Way is a collector street with a right-of-way \n
80 feet. The proposed street vacation was filed by the Carlsbad Lutheran Hc
accommodate the redevelopment of their Carlsbad By The Sea professional care
The street vacation will result in a realigned street with a minimum right-of-way widtt
and curb-to-curb width of 32’, but with no net loss in the number of on-street F
spaces. As compensation for the loss of public right-of-way, the applicant will r
offsite public parking and street improvements to Garfield Street, and supple
streetscape enhancements to Grand Avenue. Staff has reviewed the street vi
request and concludes that the excess street right-of-way is not needed for pre:
future street purposes.
With regard to utilities, the telephone company and the water district have indicatc have facilities in the area to be vacated. Staff recommends that a condition be in
to not have this street vacation recorded until all improvements to Christiansei
Garfield Street, and Grand Avenue, including the relocation of any conflicting
utilities, are complete and accepted by the City.
FISCAL IMPACT
Approval of this vacation will result in approximately 11,605 square feet of lanc
returned to the tax rolls. However, due to the non-profit status of the applici
additional property taxes will be generated.
1. Location map.
2. Resolution No. $b - /A vacating a portion of Christiansen Way between Ci
Boulevard and Ocean Street.
3. Legal description and plat.
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RESOLUTION NO. 9 6 - 12
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A RESOLUTION OF THE CITY COUNCIL OF THE ClV OF CARLSBAI
CALIFORNIA, VACATING A PORTION OF CHRISTIANSEN WAY BETWEE
CARLSBAD BOULEVARD AND OCEAN STREET.
WHEREAS, the City Council of the City of Carlsbad on December 5, 1995, c
Resolution of Intention No. 95-346 declaring their intention to vacate a portion of Chi
Way between Carlsbad Boulevard and Ocean Street; and
WHEREAS, the City Council did find in said Resolution that the proposed vaci
in accordance with the Growth Management policies and consistent with the General
WHEREAS, all publication and posting of notices regarding the proposed vac
portion of Christiansen Way, pursuant to said Resolution, have been given as require
and
WHEREAS, the area to be vacated would not be useful as a non-motorized tram
facility; and
WHEREAS, the City Council did hear the evidence offered by all persons interes
proposed vacation and does find from all the evidence submitted that the portion of Ct
Way proposed to be vacated is unnecessary for present or prospective street purpoc
NOW BE IT RESOLVED by the City Council of the City of Carlsbad, California, i
1. That the above recitations are true and correct.
2. That pursuant to Division 0, Part 3, Chapter 3 of the California Streets and
Code the portion of Christiansen Way as described in Exhibit A and shown for the sak
on Exhibit B is hereby vacated, closed up and abandoned for public street purposes
the conditions stated herein.
3. That easements and rights necessary to maintain, operate, replace, removc
in-place public facilities are reserved and excepted from the vacation.
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4, That the vacation of said portion of Christiansen Way is conditional upon the a
installing improvements Po Christiansen Way, Garfield Street, and Grand Avenue, as contei
within the conditions of approval for the Carlsbad By The Sea redevelopment project, ii
the relocation of any conflicting public utilities, and found to be acceptable by the City
The City Clerk is instructed NOT TO RECORD this Resolution of Vacation 5.
terms of the above stated Conditions have been complied with.
6. From the date the resolution is recorded in the County Recorder's Office,
vacated no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit!
held on the 9th day of JANUARY , 1996 by the following vote, to wit
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
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ATTEST:
AE%kiEN (SEAL)
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0' DAY CONSULTANTS I INC
93-101' 10/02/9
0
EXHIBIT "A"
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 0
SAN DIEGO COUNTY FEBRUARY 2, 1887, SAID PORTION LYING BETWEE BLOCKS 6 AND 9, AND BETWEEN BLOCKS 7 AND 8 OF SAID MAP 365, BEIN
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CHRISTIANSEN WA
AND THE EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF CARLSBA
BOULEVARD, SAID POINT SHOWN AS BEING MONUMENTED WITH A 3/4-INC
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, ALON
THE CENTERLINE OF CHRISTIANSEN WAY A DISTANCE OF 100.00 FEET TO TH
EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF CARLSBAD BOULEVARD
THENCE SOUTH 35' 11' 59" EAST ALONG SAID RIGHT-OF-WAY EXTENSION
DISTANCE OF 32.22 FEET, SAID POINT BEING THE TRUE POINT C
BEGINNING; THENCE SOUTH 35' 11' 59" EAST ALONG SAID RIGHT-OF-WA
EXTENSION A DISTANCE OF 7.78 FEET TO THE SOUTHERLY RIGHT-OF-WA LINE OF CHRISTIANSEN WAY; THENCE SOUTH 54' 46' 27" WEST ALONG SA1
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 495.69 FEET TO A POIN
5.00 FEET FROM THE EASTERLY RIGHT-OF-WAY LINE OF OCEAN STREET
THENCE NORTH 35O 13' 06" WEST PARALLEL TO THE EXTENSION OF SA1
17.00 FEET FROM THE CENTERLINE OF CHRISTIANSEN WAY, MEASURED &OK
SAID PARALLEL LINE; THENCE NORTH 54O 46' 27" EAST, PARALLEL TO SA1
EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET;
THENCE CONTINUING NORTH 54O 46' 27" EAST A DISTANCE OF 26.91 FEE?
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 TRI.
POINT OF BEGINNING.
EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 23.00 FEET TO A POIN
CHRISTIANSEN WAY CENTERLINE, A DISTANCE OF 194,97 FEET TO Tk
INS AN AREA OF 11,605 SQUARE FEET, MORE OR LESS.
o.ba7 72M Awn& Sut.204 Encnw avS Aanrng Enginerinq
Cahbod.CaHfonia92009 Roagng 619-931 -7703 SU-
Fax 619-951 -OW3
SCALE: 1"
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CHECKED By
JOB No.: 9: VACATION ME NOI
C H R I STlAN S EN
WAY
PROOF OF PUBLI~ON
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
Advocate) case number 171 349 (Blade-Citizen)
and case number 1721 71 (The Times-Advocate)
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
(Siacie-Ciiizenj an6 june 21, i 974 (iimes-
for the cities of Escondido, Oceanside, Carisbad,
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Dec. 22, 1995
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this 22 day Dec. 1995
of
____-
NORTH COUNTY TIMES
Legal Advertising
This space ie the County Clerks Filing S
Proof of Publication of
Resolution No, 95-346 ____________--------
RESOLUTION N095-346' _ - - - - - - - A RESOLUTION OF THE CITY - - - - - - COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA
: TO VACATE A PORTION OF
TWEEN CHRISTIANSEN CARLSBAD WAY BOULE- BE.
VARD AND OCEAN STREET.
WHEREAS, a request has been made to vacate for public street
: DECLARING'ITS INTENTION Now, THE
RESOLVED Of the city 0 nia, as follo\n 1. That the are true and 2. That it is S
purposes a portion of Chris- tion to vacal tiansen Way between Carlsbad Purposes, 2 Boulevard and Ocean Street; tiansen Way and Boulevard ai WHEREAS, the area proposed described to be vacated is part of a re&- shown for Cli velopment project: and 3. That its WHEREAS, the remaining por- Council's int tion of the partial street vacation this street \ will be improved as part of said approval oft redevelopment project; and Sea Luthera WHEREAS, the remaining im- OPment Pro1 proved street will serve present upon the cor and future circulation needs of posed Stree the area; and Garfield Str WHEREAS, the public utilities Way. and ( utilizing the area have not ex- COntemplatC pressed opposition to the street tiOnS Of aPP vacation if provisions are made bad by the 5 to resolve any conflicts and Redevelopn WHEREAS, with the donstruc- ing the rela tion of additional parking facili- flitting publi' tiesalong theadjoining Garfield 4. That it 6 Street right-of-way, new under- Council's ir ground private parking facilities proceeding! within the Lutheran Home Re- cation unc development project and, the Streets an( enhancement of the parking fa- Division 9, F cilities along Grand Avenue, 5. Thata PUl adequate parking and circula- held at the 1 tion facilities will exist for adjoin- bers at 120 ing residents and the public in Drive, Carl! general; and 6:OO p.m. o WHEREAS, it is intended that for all persc the street vacation be condi- objecting
tioned upon the approval of the Vacation. Carlsbad by the Sea Lutheran 6. That the C Home Redevelopment project, ed to publis RP 94-06, and upon the con- intention in t struction of all proposed street and the Ci improvements to GarfieJc structed to Street Christiansen Way and along the S Grand'Avenueas contempiated with the Ca within the conditions ofapprov- Highways C al for the Carlsbad by the Sea PASSED, J Lutheran Home Redevelop. ADOPTED i ment pro'ect including the relo- Of the Car cation o/ ani conflicting public held on the utilities; and BER, 199. WHEREAS, the City Council vote, to wit: finds that the proposed street AYES: COUI vacation would be in substmtial Nygaard, Fi conformance with the Genera! NOES: Non Pian; ABSENT: C Kulchin /s/Claude A ATTEST: /s/Karen R.
Assistant C (SEAL)
Legal 452 1995
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RESOLUTION NO. 9 5 -3 4 6
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 1
Christiansen Way between Carlsbad Boulevard and Ocean Street; and
WHEREAS, the area proposed to be vacated is part of a redevelopment proje
WHEREAS, the remaining portion of the partial street vacation will be improve
of said redevelopment project; and
WHEREAS, the remaining improved street will serve present and future circulati
of the area; and
WHEREAS, the public utilities utilizing the area have not expressed opposition to
vacation if provisions are made to resolve any conflicts: and
WHEREAS, with the construction of additional parking facilities along the
Garfield Street right-of-way, new underground private parking facilities within the Luther
Redevelopment project and, the enhancement of the parking facilities along Grand
adequate parking and circulation facilities will exist for adjoining residents and the
general; and
WHEREAS, it is intended that the street vacation be conditioned upon the appro
Carlsbad by the Sea Lutheran Home Redevelopment project, RP 94-06, and L
construction of all proposed street improvements to Garfield Street, Christiansen Way, ai
Avenue as contemplated within the conditions of approval for the Carlsbad by the Sea
Home Redevelopment project, including the relocation of any conflicting public utilitie
WHEREAS, the City Council finds that the proposed street vacation wou
substantial conformance with the General Plan;
/%$45-
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
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 p
Christiansen Way between Carlsbad Boulevard and Ocean Street as described in Exhi
shown for clariiy on Exhibit B.
3. That it shall also be said Council’s intention to condition this street vacation
approval of the Carlsbad by the Sea Lutheran Home Redevelopment project, RP 94-06, :
the construction of all proposed street improvements to Garfield Street, Christiansen \
Grand Avenue as contemplated within the conditions of approval for the Carlsbad b)
Lutheran Home Redevelopment project, including the relocation of any conflicting publi
That it shall also be said Council’s intention to conduct proceedings for 1
vacation under the California Streets and Highways Code, Division 9, Part 3, C
That a public hearing shall be held at the City Council Chambers at 1200
Village Drive, Carlsbad, California, at 6:OO P.M. on January 9. 1996 for a!
interested in or objecting to said proposed vacation.
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6. That the City Clerk is instructed to publish this resolution of intention in
newspaper and the City Engineer is instructed to post such notices along the site in acc
with the California Streets and Highways Code.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Citl
held on the 5th day of DECEMBER , 1995 by the following vote, to wit
AYES:
NOES: None
ABSENT: Council Member Kulchin
Council Members Lewis, Nygaard, Pinnila, Hall
A3TES-T:
(SEAL) stant City Clerk
//
POSTING OF NOTICES OF STREET VACATION TO VACATE
A PORTION OF CHRISTIANSEN WAY, FILE PR 6.119
I posted the required Notices in the manner required, along Christiansen Way between
Carlsbad Boulevard and Ocean Street (3 notices) not more than 300 feet apart, on
December 26, 1995.
I certify under penalty of perjury that the foregoing is true and correct.
"L/ j f7f///&& p- bjF-
Signature ,
&Q&&yE p&&((J 1s \Z/rn&/Cpzj
Title Date Sidned '
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 e (619) 438-1161 0 FAX (6"1) 438-089,
9 W
NOTICE OF
STREET VACATION
NOTICE OF PROPOSED VACATION, CLOSING UP, AND
ABANDONMENT OF A PORTION OF CHRISTIANSEN WAY
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad did o
December 5, 1995, pass a Resolution of Intention No. 95-346 to vacate, close up, an
abandon a portion of Christiansen Way between Carlsbad Boulevard and Ocean Stree
The portions of said streets proposed to be closed up, vacated, and abandoned ai
legally described as follows:
See attached exhibits "A and "B"
REFERENCE IS HEREBY MADE to a map showing the portions of said stree
proposed to be abandoned for particulars and details. Said map is on file in the offic
of the City Clerk of the City of Carlsbad.
NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Carlsb:
has set January 9, 1996, at the hour of 6:OO p.m. as the time, and the Council Chambe
of the City Council of the City of Carlsbad as the place, for the hearing of all perso
interested in or objecting to the proposed vacation of said portions of said streets, a
the said City Council at the said time and place will hear the evidence offered by a
person interested in the vacation of said portions of said streets heretofore describe
DATED: December 26, 1995
City Clerk
City of Carlsbad
W
0' DAY CONSULTANTS I INC
10/02/9
93-101
EXHIBIT "A"
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 CALIFORNIP
AS SHOWN ON MAP 365, FILED IN THE OFFICE OF THE COUNTY RECORDER C
SAN DIEGO COUNTY FEBRUARY 2, 1887, SAID PORTION LYING BETWEE
BLOCKS 6 AND 9, AND BETWEEN BLOCKS 7 AND 8 OF SAID MAP 365, BEIIi
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CHRISTIANSEN WP
AND THE EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF CARLSBP BOULEVARD, SAID POINT SHOWN AS BEING MONUMENTED WITH A 3/4-INC
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, ALOl
THE CENTERLINE OF CHRISTIANSEN WAY A DISTANCE OF 100.00 FEET TO TE
EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF CARLSBAD BOULEVARI
THENCE SOUTH 35' 11' 59" EAST ALONG SAID RIGHT-OF-WAY EXTENSION DISTANCE OF 32,22 FEET, SAID POINT BEING THE TRUE POINT C
BEGINNING; THENCE SOUTH 35" 11' 59" EAST ALONG SAID RIGHT-OF-WP
LINE OF CHRISTIANSEN WAY; THENCE SOUTH 54O 46' 27" WEST ALONG SA1
EXTENSION A DISTANCE OF 7.78 FEET TO THE SOUTHERLY RIGHT-OF-WF
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 495.69 FEET TO A POIb
5.00 FEET FROM THE EASTERLY RIGHT-OF-WAY LINE OF OCEAN STREE'I
THENCE NORTH 35O 13 I 06" WEST PARALLEL TO THE EXTENSION OF SA1
EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 23.00 FEET TO A POIb
17.00 FEET FROM THE CENTERLINE OF CHRISTIANSEN WAY, MEASURED ALOb SAID PARALLEL LINE; THENCE NORTH 54O 46' 27" EAST, PARALLEL TO SA1
CHRISTIANSEN WAY CENTERLINE, A DISTANCE OF 194.97 FEET TO TE
THENCE CONTINUING NORTH 54O 46' 27" EAST A DISTANCE OF 26.91 FEE7
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 NORTH 60° 23' 17" EAST A DISTANCE OF 89.58 FEET TO THE TRI
POINT OF BEGINNING.
EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF GARFIELD STREET;
THENCE SOUTH 35" 13' 33" EAST A DISTANCE OF 18.05 FEET;
INS AN AREA OF 11,605 SQUARE FEET, MORE OR LESS.
CHRISTIANSEN WAY
- -620.70’- -
BEARING LENGTH
For 6tS-9J1-m