HomeMy WebLinkAbout2003-08-19; City Council; 17290; Summarily Vacate Portion of Docena Road4B# 17,290
klTG. 8/19/03
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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
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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.
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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.
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