HomeMy WebLinkAbout2002-09-10; City Council; 16876; Summarily Vacate a Portion of Pine StreetCITY OF CARLSBAD -AGENDA BILL .la-
4B# 16.876
CITY MGR. IEPT. ENG
CITY .me A PORTION OF STREET RIGHT-OF-WAY AT IIITG. 911 0102
TITLE:
RESOLUTION TO SUMMARILY VACATE
DEPT. HD.
218 PINE AVENUE, SN 01-06
RECOMMENDED ACTION:
Adopt Resolution No. 2002-265 summarily vacating a 10 x 81.50 portion of public street
right-of-way fronting 218 Pine Avenue.
ITEM EXPLANATION:
with the City to vacate 10 feet of public right-of-way fronting their 81.5-foot wide lot at
The applicanffproperty owners, Mr. Salim Ayoub and Ms. Sharen Ayoub, have filed an application
218 Pine Avenue. 218 Pine Avenue is located on the north side of Pine Avenue between
Garfield Street and Lincoln Street.
Currently, Pine Avenue has an 80-foot wide right-of-way and is lacking curb, gutter and sidewalk
improvements on the north side. Curb, gutter and sidewalk exists on the south side of the street.
At this location, Pine Avenue is considered a local street. Since the City only needs 70 feet of right-of-way for Pine Avenue, the existing 80 feet of right-of-way is excessive. As proposed,
the street vacation will not alter plans for the ultimate curb-to-curb width of the street.
Typically, a local street such as Pine Avenue would ultimately have a 60-foot right-of-way width with
side of Pine Avenue and were constructed under an atypical configuration, the ultimate right-of-way
a 40-foot curb-to-curb width. However, since street improvements are already in place on the south
of Pine Avenue between the Garfield Street and Lincoln Street will be 70 feet and the street
curb-to-curb width will be 46 feet.
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 within a portion of the vacation. Therefore, a public utility easement will be reserved in a portion of the area being vacated.
FISCAL IMPACT:
Approval of this street vacation will result in approximately 815 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
vacation. revenue resulting from the vacation and any subsequent development that may benefit from said
EXHIBITS:
1. Location Map, Exhibit 1.
2. Resolution No. 2002-265 summarily vacating a 10 x 81.5' portion of public street
right-of-way fronting 218 Pine Avenue.
3. Legal description and plat.
I LOCATION MAP
RECORDING REQUESTED BY:
City of Carlsbad
Carlsbad, CA 92008
WHEN RECORDED SEND TO:
-@, 1200 Carlsbad Village Drive
SEF 209 ZOO2 4~29 p~
OFFICIAL RECOKDS 9% DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SWITH, COUNTY RECORDER
FEES: 0.00
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CITY OF CARLSBAD CITY COUNCIL RESOLUTION NO.
2002-265 SUMMARILY VACATING A PORTION OF
STREET RIGHT-OF-WAY AT 218 PINE AVENUE, STV 01-
08.
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. 2002-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF STREET RIGHT-OF-WAY AT 218 PINE AVENUE, STV 01-08.
WHEREAS, a request has been made to vacate a portion of Pine Avenue; and
WHEREAS, Pine Avenue along the portion of the street proposed to be vacated is a local
street requiring an atypical right-of-way width of 7060 feet rather than feet due to the configuration
If the existing public improvements on the south side of Pine Avenue; and
WHEREAS, Pine Avenue presently has a right-of-way width of 80 feet along the portion of
he 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
9s 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 815 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.
2.
That the above recitations are true and correct.
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
if clarity 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 a portion of the vacation.
4. The City Clerk is directed to record this resolution in the Office of the County
tecorder of San Diego County.
I1
'I
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
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 10 th day of SWI’EMBER , 2002 by the following vote, to wit:
hin, Finnila, Hall
CLAUDEA. LEWl§&lWt% - c/L’
ATTEST
LOkf6llJdE M. WOOD, City Clerk
?age 2 of 2 of Resolution No. 2002-265
(SEAL)
EXHIBIT A
Legal Description:
THAT PORTION OF TRACT ONE HUNDRED OF CARLSBAD LANDS,
!N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 1, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY MARCH 1,1915, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID
TRACT 100 WHICH IS A POINT ALONG THE NORTHERLY RIGHT
OF WAY OF PINE STREET, WHICH POINT IS THE POINT OF
BEGINNING (P.O.B.);
THENCE SOUTH 55Y26'54" WEST 18 1 SO FEET TO A POINT ALONG
THE SOUTHERLY LINE OF SAID TRACT 100, SAID POJNT ALSO
BEING THE TRUE POINT OF BEGINNING (T.P.O.B.);
THENCE SOUTH 34"3 1'1 8" EAST ALONG THE EAST LINE OF SAID
LAND A DISTANCE OF 10.00 FEET TO A POINT;
THENCE NORTH 5.526'54" EAST A DISTANCE OF 8 1 SO FEET TO A
POINT;
THENCE NORTH 34'3 1'1 8" WEST 10.00 FEET TO A POINT;
THENCE SOUTH 5596'54" WEST 81 SO FEET TO THE POINT OF
BEGINNING.
SAID AREA CONSISTS OF 815.00 SQUARE FEET, MORE OR LESS.
WITHIN THE ABOVE DESCRIBED PARCEL THE FOLLOWING WILL
BE RESERVED FOR UTILITY PURPOSES:
THE SOUTHEASTERLY 5.00 FEET AND THE SOUTHWESTERLY 5.00
FEET OF SAID VACATION,.
d
NORTH
STREET VACATION CITY OF CARLSBAD
PREPARED BY PROJECT NO.
NICK SERVIN STV 01-08 APPLICANT: SALIM AYOUB 4335 SUNNYHILL DRIVE CARlSSnD, CA 92008 /d& %%i 3 UNlT APARTMENTS
RCE. 3353 , MP 6/30/06
SCALE:
SHEET 1 OF 1
APN: 203-250-11
DATE: 8/6/02
(,;
\
\ \ \
LOT
MAP 1661
LEGEND pg~ INDICATES STREET VACATI 815.00 SQ. FL
ASSESSOR'S PARCEL NO.
203-250-11-00 \ . \% BASIS OF BEARINGS: \G
ME NORMWESITRLY LINE
OF PINE AVENUE '\J < \,&* N55O26'54W - '+ Q A.P.N.: ',, 203-250-10
\
0 0
1"=30'
A.P.N.:
203-250-25
LEGAL DESCRIFTION:
THE SOUTHERLY 100' OF THE
WESERLY 81.5' OF THE EASERLY
181.5' OF TRACT 100 OF TRACT MAP 1661.
//'
LPHA & OMEGA DEVELOPMENTS
--
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 City Council Resolution No. 2002-265 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 16th day of
September, 2002.
ISABELLE PAULSEN
DEPUTYCLERK
(SEAL)