HomeMy WebLinkAbout2002-01-22; City Council; 16524; Vacate ROW 442 Chestnut AvB# 16,524
ITG. 1/22/02
EPT. ENG
CITY OF CARLSBAD -AGENDA BILL 2-
E:
RESOLUTION TO SUMMARILY VACATE
A PORTION OF STREET RIGHT-OF-WAY AT CITY DEPT.HD* ATTY.
442 CHESTNUT AVENUE, STV 01-01 CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 200 3 -0 3 3 summarily vacating a 10 x 50 portion of public street right-of-way fronting 442 Chestnut Avenue.
ITEM EXPLANATION:
The applicanVproperty owner, Mr. Jack West, has filed an application with the City to vacate 10 feet
of public right-of-way fronting his 50-foot wide lot at 442 Chestnut Avenue. Four hundred forty two
Chestnut Avenue is located on the north side of Chestnut Avenue between Tyler Street and the
railroad tracks.
Currently, Chestnut Avenue has an 80-foot wide right-of-way and is lacking curb, gutter and
sidewalk improvements. At this location, Chestnut Avenue is considered a local street. Since the
standard right-of-way width for a local street is 60 feet, the 80-foot width is excessive. As proposed,
the street vacation will have no effect on the ultimate curb-to-curb width of the street. At this location,
width.
Chestnut Avenue will ultimately consist of a 60-foot right-of-way width with a 40-foot curb-to-curb
Staff has concluded that the excess right-of-way is not required for present or future street
purposes. The vacation would not affect vehicular or non-motorized traffic circulation or the
availability of street parking. The street vacation is considered to be minor and is consistent with
previously approved street vacations in the same general location.
The utility companies have been notified of this street vacation request. Sempra Energy (San Diego
Gas and Electric) has responded that they have facilities in the area and requested the reservation
of an easement for these facilities. Therefore, a public utility easement will be reserved in the area
being vacated.
FISCAL IMPACT:
Approval of this street vacation will result in approximately 500 square feet of land to be returned to
the tax roll. While no detailed economic analysis was conducted, there will be an increase in tax
revenue resulting from the vacation and any subsequent development that may benefit from said
vacation.
EXHIBITS:
1. Location Map.
2. Resolution No. do02 -0 3 3 summarily vacating a 10 x 50' portion of public street
right-of-way fronting 442 Chestnut Avenue.
3. Legal description and plat.
LOCATION MAP
2-
PIeare cove this inforrmation.
RECORDING REQUESTED BY
fiANDWHENRECORDEDMAILTO: ' I DOC # 2002-0096267
FEE 04. 2002 4~20 PM
rnIGI# R€mlx
FEES: 0.00
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
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RESOLUTION NO. ~~32-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF
STREET RIGHT-OF-WAY AT 442 CHESTNUT AVENUE, STV 01-01,
WHEREAS, a request has been made to vacate a portion of Chestnut Avenue; and
WHEREAS, Chestnut Avenue along the portion of the street proposed to be vacated is
lesignated as aa60 local street which requires right-of-way width of feet; and
WHEREAS, Chestnut Avenue presently has a right-of-way width of 80 feet along the
)ortion of the street proposed to be vacated; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
or present or future street purposes; and
WHEREAS, the excess right-of-way provides no public purpose and would not be useful
1s a non-motorized transportation facility, and
WHEREAS, the proposed vacation is consistent with the General Plan of the City, and
WHEREAS, the vacation of this excess right-of-way will result in approximately 500 square
eet of land being returned to the tax rolls.
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 Street and Highways
:ode, 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 the easement and rights necessary to maintain, operate, replace, remove, or
enew in-place public facilities are reserved and excepted from the vacation
4. The City Clerk is directed to record this resolution in the Office of the County
3ecorder of San Diego County.
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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
held on the 22nd day of JANUARY ,2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin. Finnila. Nygaard. Hall
NOES: None
ABSENT: No
(SEAL)
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EXHIBIT "A"
STV 01-01
LEGAL DESCRIPTION FOR VACATION OF A PORTION OF CHESTNUT AVENUE
THAT PORTION OF LOT 11. INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AS DESCRIPTION IN QUITCLAIM DEED RECORDED OCTOBER 17, 1984
AS FILE NO. 84-392394 DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT AT THE INTERSECTION OF THE
CENTER LINE OF CHESTNUT AVENUE AND THE CENTER LINE OF FIRST
STREET; THENCE SOUTH 55" 27' WEST ALONG THE CENTER LINE OF
CHESTNUT AVENUE, A DISTANCE OF 189.8 FEET; THENCE NORTH 34" 33' WEST
30.0 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 34" 33' WEST
10.0 FEET; THENCE SOUTH 55" 27' WEST 50.0 FEET; THENCE SOUTH 34" 33'
OF BEGINNING.
EAST 10.0 FEET; THENCE NORTH 55" 27' EAST 50.0 FEET TO THE TRUE POINT
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EXHIBIT 'B
SHEE7 f Of /
A.P.N. 204-070-1a
STV 01-01
\
I STREET VACATION PLAT - CITY OF CARLSBAD
1 28062
RCE
3-3m
EXP. aATE
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Isabelle Paulsen, Deputy 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. 2002-033 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 24” day of
Januarv. 2002.
ISABELLE PAULSEN
DEPUTY CLERK
(SEAL)