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Home My WebLink About2002-07-23; City Council; 16832; Declaring Intention to Vacate Anderson WayCITY OF CARLSBAD -AGENDA BILL ,E# 16,832 - TITLE: DECLARING THE INTENTION TO VACATE ANDERSEN WAY ALONG WEST SIDE OF PASEO DEL NORTE PUBLIC HEARING DATE FOR AUGUST 13,2002 ITG. 7/23/02 CITY MG IEPT. ENG clnAm.e JUST NORTH OF PALOMAR AIRPORT ROAD AND SETTING A RECOMMENDED ACTION: Adopt Resolution No. 2002-219 declaring the intention to vacate Andersen Way along the west side of Paseo del Norte just north of Palomar Airport Road and setting a public hearing date for August 13,2002. ITEM EXPLANATION: A street vacation application has been filed by Carpenters Southern California Administration Corporation to vacate Andersen Way. This street vacation is being processed pursuant to a condition of Planning Commission Resolution No. 5101, dated December 19, 2001 for King’s Fish House, CUP 01-06. Construction of the King’s Fish House project is contingent upon the vacation of Andersen Way. Since the public has historically utilized this street, this is considered a general street vacation and is being filed pursuant to the California Streets and Highway Code. Andersen Way does not serve a circulation element to the City, but rather serves as a driveway to the properties west of Paseo del Norte. The applicant is concurrently processing a lot line adjustment (ADJ 02-05) that will address frontage access for all properties fronting Paseo del Norte. Staff has concluded that Andersen 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 utility companies have been notified of this street vacation request and two companies responded. Sempra Energy (San Diego Gas and Electric) and SBC Pacific Bell both indicate they have existing facilities in the area being vacated and request the reservation of a public utility easement. Therefore, the provision of reserving a public utility easement is included in the attached Resolution. FISCAL IMPACT: Approval of this street vacation will result in approximately 11,396 square feet (.26 acres) 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. The applicant has paid the street vacation fee pursuant to the City’s fee schedule. This fee covers staff time spent on processing this application. EXHIBITS: 1. Location Map. 2. Resolution No. 2002-219 the west side of Paseo del Norte just north of Palomar Airport Road and setting a public declaring the intention to vacate Andersen Way along hearing date for August 13, 2002. LOCATION MAP 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. 2002-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE ANDERSEN WAY ALONG THE WEST SIDE OF PASEO DEL NORTE JUST NORTH OF PALOMAR AIRPORT ROAD AND SETTING A PUBLIC HEARING DATE FOR AUGUST 13,2002. WHEREAS, a request has been made to vacate Andersen Way; and WHEREAS, Andersen Way is designated as a cul-de-sac street and is not a required irculation element of the City; and WHEREAS, the City Engineer has determined Andenen Way serves as a driveway to lose properties along Paseo del Norte; and WHEREAS, the applicant is concurrently processing a lot line adjustment to address roper access to Paseo del Norte for each affected property; and WHEREAS, City staff sent notices to public utility companies regarding the proposed acation and two companies responded requesting the City to reserve a public utility easement; nd WHEREAS, the City Engineer has determined that the excess right-of-way is not required x present or future street purposes; and WHEREAS, the excess right-of-way provides no public purpose and would not be useful s 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 11,396 quare feet 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. It is said Council's intention to vacate, for public street purposes, Andenen Way long the west side of Paseo del Norte just north of Palomar Airport Road as described in lthibit A and shown for the sake of clarity on Exhibit B. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 / ?O 21 22 23 24 25 26 27 2f 3. It is also said Council's intention to conduct the proceeding for this street vacation under the Public Streets, Highways, and Service Easements Vacation Law, Division 9, Part 3, Chapter 3 (Streets and Highways Code Section 8300, et. seq.). 4. It is also said Council's intention to reserve and exempt from these proceedings an easement for public utility purposes within the area to be vacated. 5. A public hearing for this item shall be held at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO pm on August 13, 2002. 6. The City Clerk is instructed to publish this resolution of intention in the local newspaper and the City Engineer is instructed to post such notices along the site in accordance with the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 23rd day of JULY , 2002 by the following vote, to wit: AYES: Council Members Le Nygaard, Hall I I ATTEST: f (SEAL) Y EXHIBIT “A” to Resolution No. 2002-219 STREET EASEMENT VACATION ANDERSEN WAY WEST OF PASEO DEL NORTE BETWEEN PALOMAR AIRPORT ROAD AND CAR COUNTRY DRIVE THOSE PORTIONS OF STREET AND PUBLIC UTILITY EASEMENTS TO THE RECORDED OCTOBER 21,1985 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BOTH IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWEST BOUNDARY OF PARCEL 3 OF PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 1 1,198 1, SAID POINT ALSO BEING ON THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 22’29’26 EAST 925.00 FEET (SOUTH 22’28’06” EAST 925.05 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30’37’22” A DISTANCE 320.68 FEET; THENCE LEAVING SAID CURVE ALONG A RADIAL LINE OF SAID 600.00 FEET RADIUS CURVE SOUTH 36’53’12” WEST 43.00 FEET (SOUTH 36’54’32” WEST 43.00 FEET RECORD PER SAID DEED) TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A 643.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 4’14’18” A DISTANCE 47.56 FEET TO A POINT OF REVERSE CURVATURE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 103’46’42” A DISTANCE 36.23 FEET; THENCE SOUTH 19’48’1 1” WEST 59.80 FEET (SOUTH 19O49’31” WEST 59.80 FEET RECORD PER DEED) TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 216°02’00” A DISTANCE 188.52 FEET; THENCE NORTH 53”58’13”EAST 59.80 FEET (NORTH 53”59’33” EAST 59.80 FEET RECORD PER SAID DEED) TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHEASTERLY, NORTHERLY, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL CRY OF CARLSBAD PER DOCUMENTS 85-390632 AND 85-390633, BOTH EXHIBIT AVASEO DEL NORTEW be Vac ANGLE OF 82O56‘50” A DISTANCE 28.95 FEET (103’46’42” A DISTANCE 36.23 FEET RECORD PER DEED) TO A POINT OF REVERSE CURVATURE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 643.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 3”38’52” A DISTANCE 40.94 FEET (4’14’18” A DISTANCE 47.56 FEET RECORD PER DEED) TO THE TRUE POINT OF BEGINNING. AREA = 11396.44 SQ. FT. 0.2616 ACRES MORE OR LESS DOUGLAS R MELCHIOR P.L.S. W11 REGISTRATION EXPIRES 9-30-02 EwBlT A\PASFiJ DEL NORTEW Eau Vac Page 2 of Exhibit A of Resolution No. 2002-219 L=40.94’ R=643.00’ // ~ ~~ VACATION OF: RECORDED OCTOBER 21, 1985 AS FILE NO. 85-390633. O.R. R=643.00’ (A) A STREET AN0 PUBLIC UTlLlTlY EASEMENl APN 211-021-23 AND (6) A STREET AND PUBLIC UTlLlTlY EASEMENT RECORDED OCTOBER 21.1985 AS FILE NO. 85-390632, O.R. STREET EASEMENT VACATION E ““W 5731 PALMER WAY, SUITE G L.S. 4011 CARLSBAD, CALIFORNIA 92008 (700) 438-1720 FAX (780) 438-3981 JN 2004-VAC DATE 01-09-2002 STREET EASEMENT VACATION ,, ‘“0 CITY OF CARLSBAD SHEET 1 Of 1 SHEETS F ’PLICANT: WENTERS SOUTHERN CALIF. IMlNlSTRATlON CORP. DOUGLAS R. MELCHlOR S ANGELES. CA. 90020 0 SOUTH VIRGIL AM. PREPARED BY A.P.N. 211-021-04/23 CITY ENGINEER L.S. 4611 EXP. 9-30-02 REG. NO. DATE DATE 01/09/2002 04-VAC.DWG {.OP I-) I--;’,,