HomeMy WebLinkAbout1996-01-23; City Council; 13481; RESOLUTION TO SUMMARILY VACATE PORTIONS OF LA COSTA BOULEVARD PR 6.122 AND PR 6.123z
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DEPT. t AB # 'FA''-
MTG, 01-23-96 PORTIONS OF LA COSTA BOULEVARD CITY A'
DEPT. ENG PR 6.122 AND PR 6.123 CITY Mi
RECOMMENDED ACTION:
E RESOLUTION TO SUMMARILY VACATE
Adopt Resolution No. ?L -&?e
between Carlsbad Boulevard and the San Diego Northern Railroad right-of-way.
summarily vacating portions of La Costa Bouls
ITEM EXPLANATION:
The owners of adjacent properties have requested the vacation of portions of La C
Boulevard right-of-way.
The right-of-way for La Casta Boulevard was dedicated and accepted on the La (
Downs final subdivision map. La Costa Downs became a final map prior to the C
Carlsbad becoming incorporated. No subdivision improvements have been constr
and the right-of-way has not been used as a public street and no City funds have
expended on maintaining the right-of-way.
In 1991, the City approved Specific Plan 201 over the lots created by the La Costa D
subdivision located west of the railroad tracks. The Specific Plan established the F
improvements and dedication requirements for the La Costa Downs subdivisior
accordance with Specific Plan 201, the right-of-way for La Costa Boulevard bet
Franciscan Road and the railroad right-of-way and between Franciscan Road
Anacapa Road was to be vacated and returned for the use and enjoyment of the adj
property owners.
The City Engineer has determined that the right-of-way proposed to be vacated is e
and has no present or future use for public street purposes. Since the right-of-wa
existed for over five years without public use, public improvements being construc
public funds expended, this street vacation qualifies as a summary vacation under SI
8331 of the Streets and Highway Code.
Water, power, and sewer lines exist in the portions to be vacated. The resolution re2
an easement for public utility purposes.
This street vacation has had prior environmental review done in connection wi
La Costa Downs Assessment District.
FISCAL IMPACT
No detailed economic analysis of this street vacation was conducted. Some incre
property tax revenue can be assumed due to land reverting to the tax rolls; howel
exact amount was not calculated.
EXHIBITS:
1. Location Map.
2. Resolution No. "16 -kg -
Summarily Vacating Portions of La Costa Boulevai
Exhibits A, 8, C, D, and E attached.
3. Application requesting vacation.
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CITY OF OCEANSIDE
DRAVN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT
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RESOLUTION NO. 96-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI
CALIFORNIA, SUMMARILY VACATING PORTIONS OF LA COSTA BOULEVAF EAST OF CARLSBAD BOULEVARD, PR 6.122 AND PR 6.123
WHEREAS, the owners of adjacent property have made a request by the fil
application to vacate for public street purposes portions of the right-of-way for I
Boulevard; and
WHEREAS, the City of Carlsbad did approve Specific Plan 201 which establi
public improvement and dedication needs for the La Costa Downs subdivision we
San Diego Northern Railroad right-of-way; and
WHEREAS, said Specific plan 201 recommended the vacation and elimination of
Boulevard between Anacapa Road and Franciscan Road and between Franciscan Roac
San Diego Northern Railroad right-of-way; and
WHEREAS, the right-of-way proposed to be vacated is excess right-of-way,
needed for any present or prospective future public street purposes: and
WHEREAS, the excess right-of-way has not been used by the public as a public
over five years; and
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WHEREAS, no public funds have been expended to maintain the excess right-a
over five years; and
WHEREAS, this proposed vacation is in conformance with the General Plan, CUI
ordinances, and current City policies; and
WHEREAS, this vacation has had prior environmental review done with the revic
La Costa Downs Assessment District.
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.
Ill
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2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Hi
Code, those portions of La Costa Boulevard, more particularly described in Exhibits A ar
illustrated for the sake of clarity on Exhibit C, and that portion of La Costa Boulevar
particularly described in Exhibit D and illustrated for the sake of clarity on Exhibit E, arc
summarily vacated for public street purposes.
3. That an easement and rights necessary to inspect, maintain, repair,
construct, install, remove or renew in place public utility facilities and public storm drain
is hereby reserved and excepted from this vacation.
4. That the City Clerk is instructed to record this resolution in the San Diegc
Recorder's Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Citj
held on the 23rd day of JANUARY , 1996 by the following vote, to wit
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
&x&$? Qa - ALETHA L RAUTENKRANZ, City= (SEAL)
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EXHIBIT A
STREET VACATION OF LA COSTA BLVD.
PD 414 - LA COSTA DOWNS
ALL THAT PORTION OF LA COSTA BLVD, OF THE LA COSTA DOWNS SUBDIVISION,
UNIT NO.l, ACCORDING TO MAP 2013, LOCATED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 11, BLOCK 23, LA
COSTA DOWNS UNIT NO.l, SAID POINT BEING THE POINT OF BEGINNING;
1.
2.
3.
THENCE SOUTH 18%4' 30" EAST, 31.67 FEET;
THENCE SOUTH 8958' 20" WEST, 120.16 FEET;
TIPENCE NORTH W'Ol' 40" WEST, 0.05 FEET TO A POINT ON A 43 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID 43 FOOT RADIUS CURVE, 54.29 FEET,
THE CHORD OF WHICH BEARS OF NORTH 53*48'13" EAST, 50.75 FEET;
THENCE NORTH 89"58' 20" EAST, 69.03 FEET TO THE TRUE POINT 01
BEGINNING.
4.
5,
CONTAINING 2552.57 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. c %$
No. l?o'
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EXHIBIT B
STREET VACATION OF LA COSTA BLVD.
PD 414 - LA COSTA DOWNS
ALL THAT PORTION OF LA COSTA BLVD, OF THE LA COSTA DOWNS SUBDIVISION,
UNIT NO.l, ACCORDING TO MAP 2013, LOCATED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 10, BLOCK 23, LA
COSTA DOWNS UNIT NO. 1, SAID POINT BEING THE POINT OF BEGINNING;
10. THENCE NORTH 89"5&' 20" EAST, 56.58 FEET TO A POINT ON A 20 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID 20 FOOT RADIUS CURVE 3.53 FEET, THE
CHORD OF WHICH BEARS NORTH 84"53' 58" EAST, 3.53 FEET TO A POINT ON
A 43 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE ALONG THE ARC OF SAID 43 FOOT RADIUS CURVE 54.61 FEET, THE
CHORD OF WHICH BEARS SOUTH 53"38' 30" EAST, 51.02 FEET;
THENCE SOUTH oo"o1' 40" EAST, 0.05 FEET;
THENCE SOUTH 8958' 20" WEST, 91.00 FEET;
THENCE NORTH 18"44' 30" WEST, 31.67 FEET TO THE TRUE POINT OF
BEGINNING.
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CONTAINING 1982.90 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
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EXHIBIT .~ C
1x 40 0 40 120
Scaie 1” = 40 ft
NO0 “01’40” W
. 0,05‘
30’ WIDE LA COSTA BLVD, VACATED HEREON.
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EXHIBIT D
STREET VACATION OF LA COSTA BLVD.
PD 414 - LA COSTA DOWNS
ALL THAT PORTION OF LA COSTA BLVD, OF THE LA COSTA DOWNS SUBDIVISION,
UNIT NO.l, ACCORDING TO MAP 2013, LOCATED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 11, BLOCK 22, LA
COSTA DOWNS UNIT NO. 1, SAID POINT BEING THE POINT OF BEGINNING;
1.
2.
THENCE SOUTH 21"06' 40" EAST, 32.15 FEET;
THENCE SOUTH 89*58' 20" WEST, 143.36 FEET;
3. THENCE NORTH oodon, 40" WEST, 0.05 FEET TO A POINT ON A 43 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID 43 FOOT RADIUS CURVE, 54.29 FEET,
THE CHORD OF WHICH BEARS NORTH 53"48' 16" EAST, 50.75 FEET;
THENCE NORTH 89"58' 20" EAST, 90.82 FEET TO THE TRUE POINT OF
BEGINNING.
4.
5.
CONTAINING 3227,31 SQUAFE FEET OR 0,07 ACRES, MORE OR LESS,
((f @ .4rE f CK
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. EXHIBIT E
40 0 40 63 Scde 1" = 40 ft
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N89'58'2O'E 90.82'
S89'58'20"W 143.36'
30' WIDE LA COSTA BLVD. VACATED HEREON,
OWNER: Kparn* N (3
Mailing Address: 1% 7 M /A ) V /o 1
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PhoneNurnber: J A14 ) q 36 -C& 3
APPLICANT: .s,Jtwl r: c
Mailing Address:
Phone Number: 1 1
CIVIL ENGINEER:
Firm:
Mailing Address.
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PhoneNurnber: j b VI ) g 3/-02qU
LANDSCAPE ARCHITECT: dl4
Firm:
Marling Address
Phone Number: 1 1
SOILS ENGINEER:
Firm:
Mruling Address:
Phone Number: j )
ADDmONAL COMMENTS: n $j-f=PLE .(c."c(E
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January 30, 1996
Gregory J, Smith San Diego County Recorder Post Office Box 1750 San Diego, CA 92112-4147
Enclosed for recordation is the following described document:
Certified copy of Resolution No. 96-28 summarily
vacating portions of La Costa Boulevard between Carlsbad
Boulevard and the San Diego Northern Railroad right-of-
way.
Our staff has determined that the recordation of this document
of benefit to the City; therefore, it is requested that the fees
waived.
Thank you for your assistance in this matter.
@Rh
ALETHA L. RAUTENWZ, CMC City Clerk
Am: ijp
Enclosure
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2t
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--_ 1562
RECORDING REQUESTED BY:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
WHEN RECORDED SEND TO:
City Clerk’s Office
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CITY COUNCIL RESOLUTION NO. 96-28
VACATING PORTIONS OF LA COSTA BOULEVARD
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RESOLUTION NO. 96-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA
CALIFORNIA, SUMMARILY VACATING PORTIONS OF LA COSTA BOULEVAF
EAST OF CARLGBAD BOULEVARD, PR 6.122 AND PR 6.123
WHEREAS, the owners of adjacent property have made a request by the fil
application to vacate for public street purposes portions of the right-of-way for
Boulevard; and
WHEREAS, the City of Carlsbad did approve Specific Plan 201 which establ
public improvement and dedication needs for the La Costa Downs subdivision WE
San Diego Northern Railroad right-of-way; and
WHEREAS, said Specific plan 201 recommended the vacation and elimination of
Boulevard between Anacapa Road and Franciscan Road and between Franciscan Roa
San Diego Northern Railroad right-of-way; and
WHEREAS, the right-of-way proposed to be vacated is excess right-of-way,
needed for any present or prospective future public street purposes; and
WHEREAS, the excess right-of-way has not been used by the public as a public
over five years; and
WHEREAS, no public funds have been expended to maintain the excess right-c
over five years; and
WHEREAS, this proposed vacation is in conformance with the General Plan, cu
ordinances, and current City policies; and
WHEREAS, this vacation has had prior environmental review done with the revii
La Costa Downs Assessment District.
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.
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2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and I-
Code, those portions of La Costa Boulevard, more particularly described in Exhibits A ai
illustrated for the sake of clarity on Exhibit C, and that portion of La Costa Boulevai
particularly described in Exhibit D and illustrated for the sake of clarity on Exhibit E, an
summarily vacated for public street purposes.
3. That an easement and rights necessary to inspect, maintain, repair,
construct, install, remove or renew in place public utility facilities and public storm drain
is hereby reserved and excepted from this vacation.
4. That the City Clerk is instructed to record this resolution in the San Diegc
Recorder’s Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit]
, 1996 by the following vote, to wit held on the 23rd day of JANUARY
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. MUTE (SEAL)
0 0 1565
E X H I B IT A
STREET VACATION OF LA COSTA BLVD.
PD 414 - LA COSTA DOWNS
ALL THAT PORTION OF LA COSTA BLVD, OF THE LA COSTA DOWNS SUBDIVISION,
UNIT NO.1, ACCORDING TO MAP 2013, LOCATED IN THE CITY OF CARLSBAD.
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 11, BLOCK 23, Ll
COSTA DOWNS UNIT NO. 1, SAID POINT BEING THE POINT OF BEGINNING;
1.
2.
3.
THENCE SOUTH 18"44' 30" EAST, 31.67 FEET;
THENCE SOUTH 89"58' 20" WEST, 120.16 FEET;
THENCE NORTH WOl' 40" WEST, 0.05 FEET TO A POINT ON A 43 FOO
RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID 43 FOOT RADIUS CURVE, 54.29 FEE7
THE CHORD OF WHICH BEARS OF NORTH 53"48'13" EAST, 50.75 FEET;
4.
5. THENCE NORTH W58' 20" EAST, 69.03 FEET TO THE TRUE POINT 0
BEGINNING.
CONTAINING 2552.57 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. c %i
4. [IC %r[ f 1"
0
1566 0
EXHIBIT B
STREET VACATION OF LA COSTA BLVD.
PD 414 - LA COSTA DOWNS
ALE THAT PORTION OF LA COSTA BLVD, OF THE LA COSTA DOWNS SUBDIVISION
UNIT NO.l, ACCORDING TO MAP 2013, LOCATED IN THE CITY OF CARLSBAD
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 10, BLOCK 23, LP
COSTA DOWNS UNIT NO. 1, SAID POINT BEING THE POINT OF BEGINNING;
10. THENCE NORTH 89"58' 20" EAST, 56.58 FEET TO A POINT ON A 20 FOOl
RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID 20 FOOT RADIUS CURVE 3.53 FEET, THE
CHORD OF WHICH BEARS NORTH 84"53' 58" EAST, 3.53 FEET TO A POINT Ob
A 43 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE ALONG THE ARC OF SAID 43 FOOT RADIUS CURVE 54.61 FEET, THE
CHORD OF WHICH BEARS SOUTH 53"38' 30" EAST, 51.02 FEET;
THENCE SOUTH WO1' 40" EAST, 0.05 FEET;
THENCE SOUTH 89"58' 20" WEST, 91.00 FEET;
THENCE NORTH 18*44' 30" WEST, 31.67 FEET TO THE TRUE POINT 01
BEGINNING.
11.
12.
13,
14.
15.
CONTAINING 1982.90 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
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EXHIBIT C 156’8
@N
40 0 40 120
Scale 1” = 40 ft
0,05‘
30’ WIDE LA COSTA BLVD,
VACATED HEREON
0 e
EXHIBIT b 15bg
STREET VACATION OF LA COSTA BLVD.
PD 414 - LA COSTA DOWNS
ALL THAT PORTION OF LA COSTA BLVD, OF THE LA COSTA DOWNS SUBDIVISION
UNIT NO.l, ACCORDING TO MAP 2013, LOCATED IN THE CITY OF CARLSBAD
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 11, BLOCK 22, Ll
COSTA DOWNS UNIT NO. 1, SAID POINT BEING THE POINT OF BEGINNING;
1.
2.
3.
THENCE SOUTH 21"06' 40" EAST, 32.15 FEET;
THENCE SOUTH 89"58' 20" WEST, 143.36 FEET;
THENCE NORTH OO"O1' 40" WEST, 0.05 FEET TO A POINT ON A 43 FOO'
RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE ALONG THE ARC OF SAID 43 FOOT RADIUS CURVE, 54.29 FEET
THE CHORD OF WHICH BEARS NORTH 53"48' 16" EAST, 50.75 FEET;
THENCE NORTH 89"58' 20" EAST, 90.82 FEET TO THE TRUE POINT 01
BEGINNING.
4.
5.
CONTAINING 3227.31 SQUARE FEET OR 0.07 ACRES, MORE OR LESS. (C
'iB 32 tt u
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EXHIBIT E 1569
1'
40 0 40 ON Scde 1" = 40 ft
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N89O58'2O'E 90.82'
S89'58'20'W 143.36'
30' WIDE LA COSTA BLVD. VACATED HEREON
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss e
I, ALETHA L. RAUTENKlRANZ, City Clerk of the City of Carlsbad
County of San Diego, State of California, hereby certify that :
have compared the foregoing copy of Resolution No. 96-28 wit1
the original which is on file in the City Clerk's Office, and tha.
the same contains a true and correct copy of same.
WITNESS my hand and the seal of said City of Carlsbad, this 30th
day of January I 1996, -
City Clerk
(SEAL)