HomeMy WebLinkAbout2001-06-05; City Council; 16203; Vacate Portions Pine Avenue & Lincoln StreetCITY OF CARLSBAD -AGENDA BILL
AB# /6,203 TITLE:
SUMMARILY VACATE PORTIONS
MTG. 6/05/2001 OF PINE AVENUE AND LINCOLN STREET, STV 00-01
DEPT. ENG CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2 ml -/sst o summarily vacate portions of Pine Avenue and Lincoln
Street.
ITEM EXPLANATION:
On January 10, 2000, an application was filed with the City requesting the vacation of portions
of Pine Avenue and Lincoln Street. Staff determined this proposed street vacation meets the
requirements of the summary vacation procedure pursuant to the California Street and Highway
Code.
Currently, the existing right-of-way for both Pine Avenue and Lincoln Street is 80-feet wide.
Pine Avenue and Lincoln Street are both designated as local streets. This 80-foot width is
considered excessive, since the standard right-of-way width for local streets is 60 feet. As
proposed, the street vacation will have no effect on the ultimate curb-to-curb width of the street.
Pine Avenue and Lincoln Street at this location will ultimately consist of a 60-ft right-of-way
width with a 40-ft curb-to-curb width.
Staff has reviewed the application and has concluded that the excess right-of-way width is not
required for present or future street purposes. The requested vacation does not affect traffic
circulation and does not change street parking availability. The street vacation is considered to
be of a minor nature and consistent with previously approved street vacations in the same
vicinity.
Public utility companies were notified of this proposed street vacation. Only one public utility
company, Pacific Bell, responded stating that they have existing facilities and requested the
reservation of an easement for these facilities. Therefore, a public utility easement will be
reserved on the area being vacated.
FISCAL IMPACT:
Approval of this street vacation will result in approximately 1,614 square feet of land to be
returned to the tax rolls.
EXHIBITS:
1.
2.
Location Map.
Resolution No.~SOl-/~~ summarily vacating portions of Pine Avenue and Lincoln
Street.
3. Legal description and plat.
I
‘ROJECT NAME STREET VACATION FOR PROJECT EXHIBIT
PINE AVE. & LINCOLN ST NUMBER
STVOO-07 . I
J By: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 5/21/01 C: \OEVELOPMENT PROJECTS\STVOO-01.DWG
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RESOLUTION NO. 2001-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING PORTIONS
OF PINE AVENUE AND LINCOLN STREET, STV 00-01.
WHEREAS, a request has been made to vacate portions of Pine Avenue and Lincoln
Street; and
WHEREAS, Pine Avenue and Lincoln Street are designated as local streets which
requires a right-of-way width of 60 feet; and
WHEREAS, Pine Avenue and Lincoln Street presently has a right-of-way width of 80-feet
along the portion of the street proposed to be vacated; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
for present or future street purposes; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 1,614
square feet of land being returned to the tax rolls; and
WHEREAS, public utility agencies were notified of the proposed street vacation. As a
result of the notification, one public utility agency requested reservation of a utility easement for
continued maintenance of existing overhead facilities; and
WHEREAS, the excess right-of-way provides no public purpose, would not be useful as a
non-motorized transportation facility, or provide usable access to adjoining properties; and
WHEREAS, the proposed vacation is of a minor nature and is consistent with the General
Plan of the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That pursuant to Chapter 4, Part 3, Division 9 of the California Street and Highways
Code, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of
clarity in Exhibit B, be summarily vacated.
3. That easements and rights necessary to maintain, operate, replace, remove, or
renew in-place public facilities are reserved and excepted from the vacation.
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4. The City Clerk is directed to record this resolution, the attached legal description
and plat in the office of the County Recorder of San Diego County.
5. From the date the resolution is recorded in the County Recorder’s office, the area
vacated no longer constitutes a public street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
qeld on the 5th day of June , 2001 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, and
NOES: None.
ABSENT: Council Member Finnila.
ATTEST: .- -’ -
\
.-’
NE M. WOOD, City Clerk
EXHIBIT “A”
STREET VACATION
PINE AVENUE AND LINCOLN STREET
THE CITY OF CARLSBAD, CALIFORNIA
THAT PORTION OF PINE AVENUE AND LINCOLN STREET OF CARLSBAD LANDS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 1,1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF TRACT 100 OF SAID CARLSBAD
LANDS, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE
NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID TRACT 100, NORTH
34°33’OO” WEST 60.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH
55°27’OO” EAST 10.00 FEET; THENCE SOUTH 34”33’00” EAST PARALLEL AND 10.00
FEET EASTERLY OF SAID EASTERLY LINE 50.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20.00 FEET;
THENCE SOUTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90°00’OO” A DISTANCE OF 3 1.42 FEET; THENCE TANGENT TO SAID CURVE SOUTH
55°27’OO” WEST PARALLEL AND 10.00 FEET SOUTHERLY OF THE SOUTHERLY LINE
OF SAID TRACT 100,90.00 FEET; THENCE NORTH 34”33’00” WEST 10.00 FEET TO
SAID SOUTHERLY LINE OF SAID TRACT 100; THENCE NORTHEASTERLY ALONG
SAID SOUTHERLY LINE NORTH 55”27’00” EAST 100.00 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 1614.16 SQ.FT.
EXPIRATION 09-30-02
0.0371 ACRES MORE OR LESS
A.P.N. 203-250-11 I
A.P.N. rO3-250-09
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5721 PALMER WAY. SUITE G L.3. 4611
CARLSBAD. CALIFORNIA 92001 (760) 428-1728 FAX t7@0) 438-2991 JN 1972.DWG DATE OlHP/OO
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MClNlTY MAP
NO SCALE
STR&iW VACAT.ON Cf7’Y OF CARLSi’3AD I SHGT 1 Or’ I SHcE
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M=f!.~~AO CA, g2009 CITY SNd$NE. / DA k 01/12/00
FEG. NC’. DA TE .-.-_. - ..,_
City of Carlsbad
Records Management Department
June 14,200l
Gregory J. Smith
San Diego County Recorder
PO Box 121750
San Diego, CA 92112-1750
Enclosed for recordation are the following documents:
Resolution No. 2001-155
Passed, approved and adopted June 5,200l
Enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank
you for your assistance in this matter.
Sincerely,
Debra Doerfler
Enclosure
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 49
CERTIFICATION
STATE OF CALIFORNIA 1
1 ss.
COUNTY OF SAN DIEGO 1
I, LORRAINE M. WOOD. Citv Clerk, of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the
original RESOLUTION NO. 2001-155 PASSED, APPROVED, AND ADOPTED on
June 5, 2001, which original is now on file in my office: that the same contains a full,
true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 14th day of June. 2001.
CITY OF CARLSBAD
H:\Word\CLERK\Certification of Document.doc
RECORDING REQUESTED BY:
Carlsbad City Clerk’s Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
- DOE # 2001-0464746
14162 JUL 06s 2OOl 3:47 PM
WfICIAL REalRDs w&y cmT& FElmi&?s
F&s: ’ 22.00 illlnlll~ln~glllli~lulinlii 2001-0464740
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Resolution No. 2001-l 55 as attached.
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14163
RESOLUTION NO. 2001-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING PORTIONS
OF PINE AVENUE AND LINCOLN STREET, STV 00-01.
WHEREAS, a request has been made to vacate portions of Pine Avenue and Lincoln
Street; and
WHEREAS, Pine Avenue and Lincoln Street are designated as local streets which
squires a right-of-way width of 60 feet; and
WHEREAS, Pine Avenue and Lincoln Street presently has a right-of-way width of 80-feet
slang the portion of the street proposed to be vacated; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
br present or future street purposes; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 1,614
square feet of land being returned to the tax rolls; and
WHEREAS, public utility agencies were notified of the proposed street vacation. As a
ssult of the notification, one public utility agency requested reservation of a utility easement for
:ontinued maintenance of existing overhead facilities; and
WHEREAS, the excess right-of-way provides no public purpose, would not be useful as a
Ion-motorized transportation facility, or provide usable access to adjoining properties; and
WHEREAS, the proposed vacation is of a minor nature and is consistent with the General
‘Ian of the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
>arlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That pursuant to Chapter 4, Part 3, Division 9 of the California Street and Highways
iode, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of
larity in Exhibit B, be summarily vacated.
3. That easements and rights necessary to maintain, operate, replace, remove, or
anew in-place public facilities are reserved and excepted from the vacation.
1 4. The City Clerk is directed to record this resolution, the attached legal description
2 and plat in the office of the County Recorder of San Diego County.
3 5. From the date the resolution is recorded in the County Recorder’s office, the area
4 vacated no longer constitutes a public street.
5
6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
7
II
held on the 5th day of June , 2001 by the following vote, to wit:
8 AYES: Council Members Lewis, Kulchin, Nygaard, an
9 NOES: None.
10 ABSENT: Council Member Finnila.
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ATTEST: _-
i, / &&[, .,;.;. i;J/) - /~~~~-&~(.
LORR&NE M. WOOD, City Clerk
(SEA ‘1
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14165
CERTIFICATION
STATE OF CALIFORNIA 1
1 ss.
COUNTY OF SAN DIEGO 1
I, LORRAINE M. WOOD, Citv Clerk, of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the
original RESOLUTION NO. 2001-155 PASSED, APPROVED, AND ADOPTED on
June 5, 2001, which original is now on file in my office: that the same contains a full,
true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 14th day of June. 2001.
CITY OF CARLSBAD
(SEAL)
H:\Word\CLERK\Certification of Document.doc
14166
STREET VACATION
PINE AVENUE AND LINCOLN STREET
THE CITY OF CARLSBAD, CACIFORNIA
THAT PORTION OF PINE AVENUE AND LINCOLN STREET OF CARLSBAD LANDS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 1,1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF TRACT 100 OF SAID CARLSBAD
LANDS, SAID CORNER BEING THE TRUE POINT OF BEGINNING, THENCE
NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID TRACT 100, NORTH
34O33’00” WEST 60.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH
55027’00” EAST 10.00 FEET; THENCE SOUTH 34O33’00” EAST PARALLEL AND 10.00
FEET EASTERLY OF SAID &&XRLY LINE 50.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY HAVING A IMXUS OF 20.00 FEET;
THENCE SOUTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90°00’OO” A DISTANCE OF 3 1.42 FEET; THENCE TANGENT TO SAID CURVE SOUTH
55027’00” WEST PARALLEL AND 10.00 FEET SOUTHfiRL YOFTHESOUTHERLYLINE
OF SAID TRACT 100,90.00 FEET; THENCE NORTH 34O33’00” WEST 10.00 FEET TO
SAID SOUTHERLY LINE OF SAID TRACT 100; THENCE NORTHEASTERLY ALONG
SAID SOUTHERLY LINE NORTH 55°27’OO” EAST 100.00 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 1614.16 SQ.FT. 0.0371 ACRES MORE OR LESS
EXPIRATION 09-30-02
14167
A.P.N. ~03-250-09
A.P.N. 20.3-250-11 A.P.N. 203-250-10 I I
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6721 PALMER WAY. wrre Q L-2. 4611
CARL8IAD. CAllFOMlA 92002
C7.0) 428-1722 PA% (710) 428-2991 JN 1072.DWG DATE: OVitrOO
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MCINITY MAP
NO SCALE