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HomeMy WebLinkAbout2003-08-19; City Council; 17290; Summarily Vacate Portion of Docena Road4B# 17,290 klTG. 8/19/03 IEPT. ENG I IClTY MGR. %- (STV 01 -06) 4 “ - TITLE: DEP>Hk Em 6B4 RESOLUTION TO SUMMARILY VACATE A PORTION OF DOCENA ROAD , CITY ATTY. RECOMMENDED ACTION: Adopt Resolution No. 2003-225 summarily vacating a portion of Docena Road. ITEM EXPLANATION: The applicant, LMD Carlsbad 25, LLC, has filed an application with the City to vacate that portion of public street right-of-way fronting Cabela Place at the intersection of Docena Road. Currently, Docena Road and Cabela Place is designed and approved as a ‘7” intersection. At this location, Docena Road was dedicated to allow for an extension of roadway to Black Rail Road. The adjacent subdivision has provided for this extension a few hundred feet to the south via Songbird Avenue. That portion of Docena Road was never constructed and, therefore, never used by the public. 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 previous street vacations in the City. The utility companies have been notified of this street vacation request. Sempra Energy (San Diego Gas and Electric), SBC Pacific Bell, and Adelphia have not requested the reservation of an easement for facilities. The vacated right-of-way will have an open space easement reserved to be consistent with adjacent easements of record. FISCAL IMPACT: Approval of this street vacation will result in approximately 1,960 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. EXHl BITS: 1. Location Map. 2. Resolution No. summarily vacating a portion of public street right-of-way 2003-225 fronting Cabela Place at the intersection of Docena Road. 3. Legal description and plat. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwickQci.carlsbad.ca.us RECORDING REQUESTED BY: Carlsbad City Clerk’s Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC # 2003-1030939 OFFICIAL BM3RDs 9% DIEGU COUNTV RECORDER’S OFFICE Mwlww J. SnITHi CoUHpl RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE RESOLUTION NO. 2003-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF DOCENA ROAD, STV 01-06 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. 2003-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF DOCENA ROAD, STV 01 -06. WHEREAS, a request has been made to vacate a portion of Docena Road; and WHEREAS, Docena Road presently has excess right-of-way width anticipating a west extension of the roadway to Black Rail Road; and WHEREAS, adjacent streets will extend from Cabela Place to Black Rail Road making the appropriate connection of the street network; and WHEREAS, the City Engineer has determined that the excess right-of-way is not required for present or future street purposes; and WHEREAS, the excess right-of-way provides no public street purpose and would not be useful 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 1,960 square feet of land being returned to the tax rolls; and WHEREAS, utility companies have facilities within the area to be vacated have been notified of the requested vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, 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 Code, said excess right-of-way more particularly described in Exhibit A, and shown for the sake of clarity in Exhibit B, be summarily vacated. 3. That an easement for open space in favor of the City of Carlsbad is reserved and excepted from the vacation. 4. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. 3 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 19th day of AUGUST , 2003 by the following vote, to wit: AYES: Council Members Lewis, Fi Kulchin, Packard LAUDE A. LEWIS, ATTEST: Page 2 of 2 of Resolution No. 2003-225 (SEAL) CANTERINA STV 01-06 EXHIBIT 'A' JUNE 13, 2003 J.N.: 00-1003 PAGE 1 OF 1 LEGAL DESCRIPTIONS PARCEL 1 THAT PORTION OF DOCENA ROAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SHOWN ON MAP NO. 13513, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 10, 1997 AS FILE NO. 1997-0626532, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 150, SAID POINT BEING ALSO THE NORTHWEST CORNER OF MAP NO. 13513; THENCE, SOUTH O"12'13" EAST 19.92 FEET ALONG THE WEST LINE OF SAID LOT 150 TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH O"12'13'' EAST ALONG THE WEST LINE OF LOTS 150 AND 149 46.00 FEET; THENCE, LEAVING SAID WEST LINE, SOUTH 89"13'33" EAST 20.98 FEET, MORE OR LESS, TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 20.00 FEET SAID CURVE BEING ALSO TANGENT TO THE WESTERLY LINE OF CABELA PLACE AS SHOWN ON SAID MAP NO. 13513; THENCE, EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88'32'05" A DISTANCE OF 30.90 FEET TO THE TANGENT POINT ON THE WEST LINE OF SAID CABELA PLACE; THENCE, NORTH O"41'28" WEST 33.14 FEET TO AN ANGLE POINT; THENCE NORTH 7"14'54" EAST 32.57 FEET, MORE OR LESS TO A POINT ON THE NORTH LINE OF DOCENA ROAD AS SHOWN ON SAID MAP NO. 13513; THENCE NORTH 89'13'33" WEST ALONG THE NORTH LINE OF DOCENA ROAD 43.58 FEET, MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL 2. THE AREA OF ABOVE DESCRIBED PARCEL 1 IS 1,960.0 SQ. FT. OR 0.04 ACRES. PARCEL 2 THAT "PORTION OF LOTS 149 AND 150 RESERVED FOR FUTURE STREET, ACCESS RIGHTS RELINQUISHED AND WAIVED AND DEDICATED HEREON", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND SHOWN ON MAP NO. 13513, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 10, 1997 AS FILE NO. 1997-0626532. THE AREA OF ABOVE DESCRIBED PARCEL 2 IS 46.0 SQ. FT. OR .001 ACRES. W:\MSOFFICE\WINWORD\OOlOO3\CANTERINA STV 01-06.LGL.doc I I €XRIBIT "0" CJOO-13 PREPARED BY: MD ARLSBAD 25, LL C 30 A1 TA VSTA D? STE 203 /ISTA, CA 92084 I I -. -. . . -. SN 01-06 A'P ' ' 215-O4l- IO zi5-04r-ir FUTURE STRE€T €AS€M€NT AND ACCESS RIGHTS SHOWN AS REJKTfD ON MAP 13513 46 SQ. f7: 0.00 1 ACKS - zs THE vmw Y LINE IF TAL crw THE BASIS UF BEARINGS FOR THZS PLAT Of CARL SBAJ TRACT ND 92-3 PER MAP . 23513, SHL7Wm HEREDN AS NO0'22'13'K ST'KET VACATION 1,960 SQ. FT 0.04 ACRES APPLICANT: \STREET VACATION PLAT CITY OF CARLSBAO I ski OF I SHTS. b