HomeMy WebLinkAbout2003-02-11; City Council; 17072; Street Vacation 3112 Lincoln St. & 325 Oak Ave.CITY OF CARLSBAD -AGENDA BILL
B# 17,072 TITLE: RESOLUTION TO SUMMARILY VACATE A I- PORTION OF STREET RIGHT-OF-WAY AT
ITG. 211 1/03
1EPT. ENG
31 12 LINCOLN STREET AND 325 OAK AVENUE
RECOMMENDED ACTION:
(STV 02-01)
Adopt Resolution No. 2003-043 summarily vacating 10 of public street right-of-way fronting
325 Oak Avenue and 10 of public street right-of-way fronting Oak Avenue and Lincoln Street at
31 12 Lincoln Street.
ITEM EXPLANATION:
The applicant, Snipes-Dye and Associates, has filed an application with the City to vacate 10 feet of
fronting Oak Avenue and Lincoln Street at 31 12 Lincoln Street, owned by Russell Lee Bennett, LLC.
public right-of-way fronting 325 Oak Avenue, owned by Earl Miller, and 10 feet of public right-of-way
The properties are located at the southeast corner of Oak Avenue and Lincoln Street.
Currently, Oak Avenue and Lincoln Street have an EO-foot wide right-of-way. At this location,
Oak Avenue and Lincoln Street are considered local streets. The standard right-of-way width for a
local street is 60 feet. Therefore, 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.
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), SBC Pacific Bell, and Adelphia have 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 2,600 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. 2003-043
fronting 325 Oak Avenue and 10 of public street right-of-way fronting Oak Avenue and
summarily vacating 10 of public street right-of-way
Lincoln Street at 31 12 Lincoln Street.
3. Legal description and plat.
EXtllbn- I
LOCATION MAP
NOT TO SCALE I
PROJECT NAME
~~
LINCOLN AND OAK
STREET VACATION
EXHIBIT PROJECT
NUMBER STV02-0 7 I
IW By: SCOTT EVANS. CARLYI*D ENWNEWNG OEPT 1/7/03 C! \DEMLWUENT PRMCTs\SIW-Ol.DW
DOC +I 2003-0210328
OFFICIAL ECORDS SAN DIEM COUNTY RECORDER'S OFFICE GREGORY J. S#ITH, CW E#RDER
RECORDING REQUESTED BY:
Carlsbad City Clerk's Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PLEASE RECORD RESOLUTION NO. 2003-043.
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RESOLUTION NO. 2003-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF STREET RIGHT-OF-WAY AT 3112 LINCOLN STREET AND
325 OAK AVENUE, STV 02-01.
WHEREAS, a request has been made to vacate a portion of Oak Avenue and
-incoln Street; and
WHEREAS, Oak Avenue and Lincoln Street along the portion of the street proposed to be
lacated is designated as a local street which requires a right-of-way width of 60 feet; and
WHEREAS, Oak Avenue and Lincoln Street presently has a right-of-way width of 80 feet
dong the portion of the street proposed to be vacated; and
WHEREAS, the City Engineer has determined that the excess right-of-way is not required
br present or future street purposes; and
WHEREAS, the excess right-of-way provides no public street purpose and would not be
Jseful as 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 2,600
square feet of land being returned to the tax rolls; and
WHEREAS, several utility companies have facilities within the area to be vacated and
3ave requested reservation of a utility easement and exception from the vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Salifornia, 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
Aarity 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.
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4. The City Clerk is directed to record this resolution in the Office of the County
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vacated no longer constitutes a public street. I
5. From the date the resolution is recorded in the County Recorder's office, the area I
Recorder of San Diego County.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
I held on the llTH day of FEBRUARY , 2003 by the following vote, to wit:
AYES: Council Member Lewis, Finnila, Kulchin, Wall and Packard.
NOES: None.
ABSENT: ?Tone.
,
(SEAL)
EXHIBIT “A”
Legal Description
Parcel 1
STV 02-01
The southerly 10.00 feet of Oak Avenue adjoining Parcel lof Parcel Map No. 11077, in
the City of Carlsbad, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 10, 1981 as file no. 81-072875 of official
record together with the easterly 10.00 feet of Lincoln Street adjoining said Parcel 1 and
prolongating to the southerly 10.00 feet of Oak Avenue adjoining Parcel 1 of said map.
Excepting therefrom that portion lying westerly of a tangent 20.00 foot radius curve
between the easterly 10.00 feet of Lincoln Street and the southerly 10.00 feet of Oak
Avenue.
Area 1,767 sq. fi.
Parcel 1
This legal description was prepared by me or under my direction
S:\Snipes\CAl I IX\LegalVarcel I
EXHIBIT “A”
Legal Description
Parcel 2
STV 02-01
The southerly 10.00 feet of Oak Avenue adjoining Parcel 2 of Parcel Map No. 11077, in
the City of Carlsbad, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 10, 1981 as file no. 81-072875 of official
record.
Area 750 sq. ft.
Parcel 2
This legal description was prepared by me or under my direction
S:\Snipes\CAl I IX\Legal\Parccl 2
L
ST.
9/24/02
G. WWARD DYE LS. 4068
CITY OF CAFlLSBAD
1ATB
CALE
9-17-02 LOCATION MAP
NOSCALE
DRAWN BY1 DM
PARCELS I AND 2 OF PM 11077
IN TI€ CITY OF CARLSBAD STV 024
? EXHIBIT "B" scEET20F2
LEGEND:
PROPOSB>RNV ""
APN 205-200-04 EXISTING RNV
"W looLxl " AREA TO BE VACATED
BASIS OF BEAFUNGS
"E NORTUWLY LINE OF
PARCEL I OF PARCEL
MAP No. 11077 I& N55' 2858-E
MIS PLAT WAS PREPARE
CITY OF CARLSBAD
All5
CALI3
1-8-03
1'-40'
STREET VACATION PLAT DRAW BY: DM
PARCELS I AND 2 OF PM 11077
IN TI€ CITY OF CARLSBAD STV 02-01
PPN m3-260-14, IS COUNM OF SAN DIEGO, STATE OF CALIFORNIA REVISED
rllPESDM ASSOCIATES (619) 691-9234 J-CAllll