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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) .. .. 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. ~~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. I/ 11 1 2 3 4 5 6 1 8 Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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) ii .. 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 . 1 . .. 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 .. , . 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)