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HomeMy WebLinkAbout2002-01-15; City Council; 16511; Street Vacation 260 Tamarack AvCITY OF CARLSBAD -AGENDA BILL I Ad- iB# &5// =: ATG. 01/15/02 )EPT. ENG CITY MGR.~ SN 01 -07/DWG 321 -6 SUMMARY STREET VACATION OF AN EASEMENT FOR ROAD PURPOSES AT 260 TAMARACKAVENUE I I RECOMMENDED ACTION: Adopt Resolution No. -0 a 0 summarily vacating an existing easement dedication for road purposes (reference: San Diego County Recorder's Office, File No. 82-213740, recorded July 12. 1982) for a portion of Tamarack Avenue, east of Garfield Street. ITEM EXPLANATION: A request has been made with the City to vacate a portion of the existing Tamarack Avenue public right vacation is requested to return excess public right of way back to the underlying fee property owner. of way, at 260 Tamarack Avenue (APN: 204-270-39), east of Garfield Street. The proposed street This segment of Tamarack Avenue is designated as a Collector Street, as indicated on the feet. The City currently has 80 feet of right of way at this location. This excess right of way was Circulation Element of the City's General Plan, and has a designated public right of way width of 68 acquired to construct the current street improvements on Tamarack Avenue, in accordance with City Capital Improvement Project (CIP) No. 3203, and Improvement Drawing No. 321-6. This segment of the Tamarack Avenue street improvements was ultimately designed on the basis of a 60 foot, rather than a 68 or 80 foot right of way. The Tamarack Avenue street improvements were completed in 1994. Staff has reviewed the request and has concluded that this excess public right of way is no longer required for present or future public road purposes. The utility companies have been notified of this street vacation and no objections have been received. ENVIRONMENTAL REVIEW: Environmental review was previously conducted for the Tamarack Avenue Widening and Street Improvement Project (CIP Project No. 3203). The Planning Director issued a Negative Declaration on June 20, 1991, as indicated in City Council Agenda Bill 11,780, dated July 7, 1992. The California Coastal Commission issued Coastal Development Permit (CDP) 6-91-169, on September 11, 1991. Vacating this excess public right of way back to the underlying property owner does not physically change the roadway configuration or create any additional or new environmental impacts. Therefore, no additional environmental review is required. FISCAL IMPACT: Approval of this summary street vacation will result in approximately 1,200 square feet of land being returned to the tax rolls. While no detailed economic analysis was conducted, there will be an increase in tax revenue resulting from this land being returned to the tax rolls. EXHIBITS: 1. Location Map 2. Resolution NO. gma-OaO summarily vacating an easement for road purposes at 260 Tamarack Avenue. 3. Legal description and plat map I I LOCATION MAP I ~ PROJECT NAME 260 TAMARACK AVE. STREET VACATION PROJECT NUMBER EXHIBIT S7V 01-07 1 DRAW 81: SCOTT EVANS WMW ENCWXRING DEPT. 10/23/01 C\moPyENT MCE\SnOl-07.Dffi DOC # 2002-0061100 RECORDING REQUESTED BY. I JRN 24. 2002 12:15 PM FEES: 0.00 (THIS SPACE FDR RKORDERS USE ONLY) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) , 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 RESOLUTION NO. 2002-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN EASEMENT FOR ROAD PURPOSES AT 260 TAMARACK AVENUE, STV 01-07/DWG 321-6. WHEREAS, a request has been made to summarily vacate an easement for road ‘urposes at 260 Tamarack Avenue; and, WHEREAS, Tamarack Avenue is a Collector Street, as indicated on the Circulation llement of the City’s General Plan, and has a designated public right of way width of 68 feet; and, WHEREAS, the City currently has 80 feet of right of way at this location; and, WHEREAS, this excess right of way was acquired to construct the current street nprovements on Tamarack Avenue; and, WHEREAS, this segment of the Tamarack Avenue street improvements was ultimately esigned on the basis of a 60 foot, rather than a 68 or 80 foot right of way; and, WHEREAS, the Tamarack Avenue street improvements were completed in 1994; and, WHEREAS, the City Engineer has determined that this excess public right of way is no mger required for present or future public road purposes; and, WHEREAS, vacating this easement for road purposes results in approximately 1,200 quare feet of land being returned to the tax rolls; and, WHEREAS, the proposed summary street vacation is consistent with the General Plan of le City and the requirements of the Growth Management Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ,alifornia, as follows: 1. That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, Chapter 4, of the California Streets and Highways Code, said easement for road purposes, more particularly described in Exhibit A, and as shown in Exhibit B for clarity only, be summarily vacated. 3. That it is said Council’s intention to reserve and exempt from these proceedings an easement for public utility purposes. 4. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. 2, 1 i 2 i 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 5. From the date the resolution is recorded in the County Recorder’s office, the area vacated no longer constitutes an easement for road purposes, nor a public street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 15th day of JANUARY , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None rTTEST n (SEAL) ?age 2 of Resolution No. 2002-020 4 The southeasi LEGAL DESCRIPTION (APN: 204-270-39 for reference only) :erlv 20.00 feet of the southeasterlv 120.00 feet of Lot's 12 and 13 in Block "M" of Palisades, in thekounty of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego county, February 25, 1923. Excepting from the above described property the northeasterly 122.00 feet and the southwesterly 122.00 feet. EXHIBIT 3 SHEET 1 OF 2 I I I I I I I I I I TAMARACK AVENUE - - - - -" __ - -$ MA AREA OF STREET VACATION TAMARACK AVENUE STREET VACATION STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. I, Lorraine M. Wood, City 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 now on file in the Office of the City Clerk 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 17th day of January, 2002.