HomeMy WebLinkAbout1996-02-13; City Council; 13517; PUBLIC HEARING FOR STREET VACATION OF PORTIONS OF WALNUT AVENUE AND LINCOLN STREET PR 6.121c AB # j?: 5 i '2
DEPT. ENG
TITLE:~UBLIC HEARING FOR STREET VACATION DEPT.
CITY 1
CITY I
OF PORTIONS OF WALNUT AVENUE AND
LINCOLN STREET
PR 6.121
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RECOMMENDED ACTION:
Adopt Resolution No. (IL- 5 '1
easements subject to a certain reservation.
vacating portions of Walnut Avenue and Lincoln
ITEM EXPLANATION;
The City Council on T4d.2 3 /?94 adopted Resolution No. ?h -3L/ , a Resolu Intention to Vacate portions df Walnut Avenue and Lincoln Qtreet. The Resolu
intention set 2,//3/'?6 as the time for the public hearing to hear all persons inte
in or objecting to th proposed vacation.
An application has been filed to vacate excess street right-of-way on the south s
Walnut Street and the west side of Lincoln Street.
Walnut Avenue and Lincoln Street are local streets with required right-of-way width:
feet, each. The City currently has 80 feet of right-of-way on both of the above street:
future street improvements will be designed on the basis of a 60 foot right-of-way.
has reviewed the request and concluded that the excess street right-of-way is not ni
for present or future street purposes.
Utility companies have been notified of the vacation. No objections from the utilitie!
been received. An easement for all existing utilities is exempt from this vacation.
FISCAL IMPACT:
Approval of this vacation will result in approximately 3,757 square feet of land
returned to the tax rolls.
EXHIBITS:
1. Location map.
2. Resolution No. '76 -5'; vacating portions of Walnut Avenue and Lincoln Str
an OF OCEWSlOE
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0 0 Exhibit ;
RESOLUTION NO. 9 6 - 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, VACATING PORTIONS OF WALNUT AVENUE AND
LINCOLN STREET.
WHEREAS, the City Council of the City of Carlsbad on 1 / 23 / 9 6
96-34 Resolution of Intention No. f
and Lincoln Street; and
declaring their intention to vacate a portion of Waln
WHEREAS, the City Council did find in said Resolution that the proposed vac
in accordance with the Growth Management policies and consistent with the General
WHEREAS, all publication and posting of notices regarding the proposed vi
portions of Walnut Avenue and Lincoln Street, pursuant to said Resolution have beer
required by law; and
WHEREAS, the right-of-way proposed to be vacated is excess right-of-way i
needed for any present or prospective future public street purposes; and
WHEREAS, the vacation of this right-of-way would result in approximately 3,7E
feet of land being returned to the tax rolls; and
WHEREAS, the City Council did hearthe evidence offered by all persons interest
proposed vacation.
NOW BE IT RESOLVED by the City Council of the City of Carisbad, California, 2
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and
Code the portions of Walnut Avenue and Lincoln Street as described in Exhibit A and !
the sake of clariiy on Exhibit B are hereby vacated for public street purposes.
3. That easements and rights necessary to maintain, operate, replace, repair
or renew in-place public facilities are reserved and excepted from the vacation.
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4. The vacation is conditioned upon the owner’s posting of security guarantc
installation of curb, gutter, sidewalk and street widening.
5. The City Clerk is instructed NOT TO RECORD this Resolution of Vacation
terms of the above stated Condition 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 C@
held on the 13th day Of February , 1996 by the following vote, to wit
AYES:
NOES: None
Council Members Lewis, Nygaard, Kulchin, Finnila, and Hal
ABSENT: None
ATTEST:
(SEAL) ALETHA L, RAUTENWNZ, Crty Cler
e 0
EXHIBIT "A"
LEGAL DESCRl PTlON
WALNUT AVENUE AND LINCOLN STREET
VACATION
PORTIONS OF WALNUT AVENUE AND LINCOLN STREET PARALLEL TO THE NORTHERLY Ah
EASTERLY BOUNDARIES OF TRACT NO. 216, IN THE CITY OF CARLSBAD, COUNTY OF SP
DIEGO, CALIFORNIA, AS SHOWN ON MAP NO. 1681, FILED IN THE OFFICE OF THE SP
DIEGO COUNTY RECORDER ON DECEMBER 9,191 5, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 216, BEING THE TRUE POiNT (
BEGINNING, THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT216 NORTH 34":
WEST A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT 21
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 216, SOUTH 55"27' WEST
DISTANCE OF 179.32 FEET TO A POINT OF INTERSECTION WITH A NON TANGEh
CIRCULAR CURVE HAVING A RADIUS OF 20.00 FEET CONCAVE SOUTHEASTERLY, TI-
RADIAL BEARING AT SAID INTERSECTION POINT BEING SOUTH 85'27' WEST, THENC
ALONG SAID CURVE AN ARC DISTANCE OF 20.94 FEET THROUGH A CENTRAL ANGLE C
6O"OO' DEGREES TO A POINT TANGENT TO A LINE PARALLEL TO AND LOCATED 10 FEE
AT RIGHTANGLES NORTH OF THE NORTH BOUNDARY OF SAID TRACT 21 6, THENCE NOR7
55"27' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 152.00 FEET TO A POINT C
INTERSECTION WITH A TANGENT CIRCULAR CURVE HAVING A RADIUS OF 20.00 FEE
CONCAVE SOUTHERLY AND THENCE ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEE
THROUGH A CENTRAL ANGLE OF 9O"OO' TO A POINT TANGENT TO A LINE PARALLEL 1
AND LOCATED 10 FEET AT RIGHT ANGLES EAST OF THE EAST BOUNDARY OF SAID TRAC
216, THENCE SOUTH 34'33' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 190.(
FEET, THENCE SOUTH 55'27" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT C
BEGINNING,
AREA OF THE ABOVE VACATION PARCEL IS 3,757 SQUARE FEET
(0.086 ACRES) MORE OR LESS.
I I I
WALNUT AVENUE AND PROJECT NAME: PROJECT EXHI6 NUMBER
POSTING OF NOTICES OF STREET VACATION TO VACATE PORTIONS OF
WALNUT AVENUE AND LINCOLN STREET FILE: PR 6.122
On January 29, 1996 I posted the required Notices in the manner required, along
Walnut Avenue between Garfield Street and Lincoln Street and along Lincoln Street
from Walnut street 100 feet southerly.
I posted six (6) notices at distances less than 100 feet apart. Attached is true copy
of the notices I posted.
I certify under penalty of perjury that the foregoing is true and correct.
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/ jrL. 2 q A
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’ ‘\ /,--.-/’ L%,- P?, /o
Date Signed < / /:3ames R. Davis, Associate Engineer
NOTE:
This certification must be filed with the City Clerk.
04130193 P \DOCS\MISFORMS\FRM00079
2075 Las Paimas Dr. 0 Carisbad, CA 32009-1 576 0 (61 9) 438-11 61 @ FAX (61 9) 438-0894
0
NOTICE OF
STREET VACATION
NOTICE OF PROPOSED VACATION, CLOSING UP, AND
ABANDONMENT OF A PORTIONS OF WALNUT AVENUE AND LINCOLN STREE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad d
on Januarv 23, 1006, pass Resolution of Intention No. 06-34 to vacate (close L
and abandon) a portion of WALNUT AVENUE between Lincoln Street and Garfie
Street and a portion LINCOLN STREET between Walnut Avenue and Chestn
Avenue. The portions of said streets proposed to be vacated (closed up ai
abandoned) are described in non-legal terms as follows:
A strip of land 10 feet wide on the south side of Lincoln Street from Garfie
Street to Walnut Avenue except for 20 foot radius rounded corners at bo
Garfield Street and Walnut Avenue; and a strip of land 10 feet wide on tt
west side of Walnut Street from Lincoln Street to 200 feet south of Linco
Street. The combined area of the portions is 3,757 square feet ( 0.086 acre
An easement for public utility purposes will be reserved from the vacatio
REFERENCE IS HEREBY MADE to a map showing the portions of said stree
prapased to be vacated far particulars and details. REFERENCE IS ALSO HERE€
MADE to a legal description of the portions to be vacated. Said map and leg
description are on file in the office of the City Clerk of the City of Carlsbad.
NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City
Carlsbad has set February 13, 1996, at the hour of 6 p.m., as the time and tl
Council Chambers of the City Council of the City of Carlsbad as the place for tl
hearing of all persons interested in or objecting to the proposed vacation of sa
portions of said streets, and the said City Council at the said time and place w
hear the evidence offered by any person interested in the vacation of said portio!
of said streets heretofore described.
DATED: Januaw 29, 1996
City Clerk
City of Carlsbad
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RESOLUTION NO. 9 6 - 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAO,
CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS OF
WALNUT AVENUE AND LINCOLN STREET.
WHEREAS, an application has been filed to vacate, for public street purposes,
of Walnut Avenue and Lincoln Street; and
WHEREAS, both Walnut Avenue and Lincoln Street are designated local strec
requires a right-of-way width of 60 feet; and
WHEREAS, both Walnut Avenue and Lincoln Street presently have right-of-way 1
80 feet each, in the area proposed to be vacated; and
WHEREAS, the City Engineer has determined that the excess right-of-way is no
for present or future street purposes; and
WHEREAS, the proposed vacation is in accordance with the Growth Managemen
and is consistent with the General Plan of the City; and
WHEREAS, this street vacation is categorically exempt from environmental revi
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of thc
Carlsbad, California as follows:
1.
2.
That the above recitations are true and correct.
It is said Council’s intention to vacate, for public street purposes, portions c
Avenue along the south side and Lincoln Street along the west side, more particularly d
in Exhibit A and shown for the sake of clarity on Exhibit B.
3. It also shall be said Council’s intention to conduct the proceedings for tt
vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter
It also shall be said Council’s intention to reserve and exempt from these pro( 4.
an easement for public utility purposes.
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5. A public hearing shall be held at the City Council Chambers at 1200 Carlsba
for all persons interes Drive, Carlsbad, California, at 6:OO p.m., on
objecting to said proposed vacation.
2/13/96
6. The City Clerk is instructed to publish this resolution of intention in 1
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 Cit)
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:
ALETHA L. RAUTENKRANZ, city ciEP (SEAL)
CITY CLERK
AND WHEN RLCOEu),?,:3 :JAIL TO:
CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008
CITY CLERK
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TRlS SPACE FOR RECORDER'S USE ONLY -_ -._ _-I _I -___ I -- -_I-__
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679 @ 0
RESOLUTION NO. 96-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, VACATING PORTIONS OF WALNUT AVENUE AND
LINCOLN STREET.
WHEREAS, the City Council of the City of Carlsbad on 1/23/96 d
declaring their intention to vacate a portion of Walnu 96-34 Resolution of Intention No. P
and Lincoln Street; and
WHEREAS, the City Council did find in said Resolution that the proposed vaca
in accordance with the Growth Manrgsment policies and consisten!: with the General F
WHEREAS, all publication and posting of notices regarding the proposed vac
portions of Walnut Avenue and Lincoln Street, pursuant to said Resolution have been
required by law; and
WHEREAS, the right-of-way proposed to be vacated is excess right-of-way ar
needed for any present or prospective future public street purposes; and
WHEREAS, the vacation of this right-of-way would result in approximately 3,75(
feet of land being returned to the tax rolls; and
WHEREAS, the City Council did hearthe evidence offered by all persons intereste
proposed vacation.
NOW BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
1.
2.
That the above recitations are true and correct.
That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and H
Code the portions of Walnut Avenue and Lincoln Street as described in Exhibit A and st
the sake of clarity on Exhibit B are hereby vacated for public street purposes.
3. That easements and rights necessary to maintain, operate, replace, repair, I
or renew in-place public facilities are reserved and excepted from the vacation.
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4. The vacation is conditioned upon the owner's posting of security guarante
installation of curb, gutter, sidewalk and street widening.
5. The City Clerk is instructed NOT TO RECORD this Resolution of Vacation
terms of the above stated Condition 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 City
held on the 13th day of Februarv , 1996 by the following vote, to wit:
Council Members Lewis , Nygaard, Kulchin, Finnila, and Hall AYES:
NOES: None
ABSENT: None
0 a 681
EXHIBIT "A"
LEGAL DESCRIPTION
WALNUT AVENUE AND LINCOLN STREET
VACATION
PORTIONS OF WALNUT AVENUE AND LINCOLN STREET PARALLELTO THE NORTHERLY ANI
EASTERLY BOUNDARIES OF TRACT NO. 21 6, IN THE CITY OF CARLSBAD, COUNTY OF SA1
DIEGO, CALIFORNIA, AS SHOWN ON MAP NO. 1681, FILED IN THE OFFICE OF THE SA,
DIEGO COUNTY RECORDER ON DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 21 6, BEING THE TRUE POINT 0
BEGINNING, THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT 216 NORTH 34"3:
WEST A DiSTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAD TRACT 21f
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 216, SOUTH 55"27' WEST
DISTANCE OF 179.32 FEET TO A POINT OF INTERSECTION WITH A NON TANGEN
CIRCULAR CURVE HAVING A RADIUS OF 20.00 FEET CONCAVE SOUTHEASTERLY, TH
RADIAL BEARING AT SAID INTERSECTION POINT BEING SOUTH 85"27' WEST, THENC
ALONG SAID CURVE AN ARC DISTANCE OF 20.94 FEET THROUGH A CENTRAL ANGLE 0
6O"OO' DEGREES TO A POINT TANGENT TO A LINE PARALLEL TO AND LOCATED 10 FEE
AT RIGHTANGLES NORTH OF THE NORTH BOUNDARY OF SAID TRACT216, THENCE NORT
55"27' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 152.00 FEET TO A POINT C
INTERSECTION WITH A TANGENT CIRCULAR CURVE HAVING A RADIUS OF 20.00 FEE
CONCAVE SOUTHERLY AND THENCE ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEE
THROUGH A CENTRAL ANGLE OF 9O"OO' TO A POINT TANGENT TO A LINE PARALLEL T
AND LOCATED 10 FEET AT RIGHT ANGLES EAST OF THE EAST BOUNDARY OF SAID TRAC
216, THENCE SOUTH 34"33' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 190.C
FEET, THENCE SOUTH 55"27' WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT C
BEGINNING.
AREA OF THE ABOVE VACATION PARCEL IS 3,757 SQUARE FEET
(0.086 ACRES) MORE OR LESS.
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THLI/U i A /\ID 5
/MA? /\ic7, 1581
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S55’27’W lO.00’
ri / r’- Tr,A d r H7
wA AREA OF STREET VACATION
NUMBER
PR 6.121 B WALNUT AVENUE AND
LINCOLN STREET VACA TlON
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.I .. 683
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
. (;it) (11cv-k of tliv (:it! of (hIsl):t(i, (;oiiiit>. ot Sail I)ic*go. Stiitc. of (hliforiiii
ptssc~l ;irii
iiie(stiiig tIic,rc\of‘. :it tlic) tiiiie’ iiritl I)!! tlic. votes tlicmi
. .. . is IIOW oii filc iri iii\’ ofFic*c.: tlut thci siiiiit’ c~)iitairrs ;I fiill. tni
Karen R. Kundtz, Assistant
I. f
Iit~t~I)~ c,cbrtif! tliat I liii\.(s c.oiiiI)arcd tlita tortxgoillg cop). \vitli the‘ oi-igiiiaI Resolution 96-59.
;itIol)tcbd I)!. saitl (:it\. (:otiiiciI. at
\tatcd. i\>liicii origiii:il
;I I IC1 (.:)rrtTi tI7lNcTipt tlrc~I-f~fl-orr I ;ill(! (d tlic, \VI>OlC~ tllc.rcY)t.
a ..r.egular .. . . ..
Resolution .
\!‘itricv !II;’ Ii:tirtf iiritl tlics s(siiI of snit1 (:itlj of (hrlsl)~id. tliis 25th (la!. of March? ... 1?96.. . .. . . . .,.
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