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HomeMy WebLinkAbout2004-02-10; City Council; 17496; Summarily Vacate a Portion of Gorge Place4B# 17,496 IIITG. 2/10/04 IEPT. ENG - TITLE: SUMMARILY VACATE A PORTION OF GORGE PLACE (STV 99-05) Y DEPT. HD. ‘H G@ CITY ATTY. CITY MGR- RECOMMENDED ACTION: Adopt Resolution No. 2004-040 summarily vacating a portion of Gorge Place. ITEM EXPLANATION: The applicant, Calavera Hills II, LLC, has filed an application with the City to vacate a portion of Gorge Place. Gorge Place is a short cul-de-sac off Knollwood Drive between Tamarack Avenue and Calavera Lake. Gorge Place was originally dedicated with the final map for CT 83-19 - Calavera Hills Village ‘7”. With staff concurrence, the alignment of the dedicated street was subsequently changed. The new alignment moved the cul-de-sac bulb westerly, further away from Lake Calavera. Prior to construction the developer dedicated, and the City accepted, the portion of additional right-of-way necessary for the new alignment. The realigned street was constructed and the Village ‘7” development was completed. The excess portion of the relocated bulb 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 utility companies have been notified of this street vacation request and have no objections. FISCAL IMPACT: Approval of this street vacation will result in approximately 2,602 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. 2004--040 summarily vacating a portion of Gorge Place. 3. Legal description and plat. DEPARTMENT CONTACT: Frank Jimeno, (760) 602-2758, fjime8ci.carlsbad.ca.us . I LOCATION MAP SI NOT T6 SCALE PROJECT NAME PROJECT EXHIBIT B NUMBER STV99-05 GORGE PLACE 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. 2004-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF GORGE PLACE (STV 99-05). WHEREAS, a request has been made to vacate a portion of Gorge Place; and WHEREAS, Gorge Place presently has excess right-of-way; 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 2,602 square feet of land being returned to the tax rolls; and WHEREAS, utility companies have no facilities within the area to be vacated. 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. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. Ill Ill Ill Ill Ill Ill 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 4. From the date the resolution is recorded in the County Recorder’s office, the area facated no longer constitutes a public street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 10th day of February , 2004 by the following vote, to wit: AYES: Council Membexs Lewis, Finnila, Kulchin, Hall and Packard NOES: ane 4TTEST (SEAL) SEPTEMBER 11, 2003 J.N. 981020 PAGE 1 OF 2 EXHIBIT 'A' STREET VACATION STV-99-0 5 PARCEL 'A' THAT PORTION OF GORGE PLACE IN CARLSBAD TRACT 83-19 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1992, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF LOT 168 OF SAID CARLSBAD TRACT 83-19, SAID POINT BEING THE EASTERLY TERMINUS OF THAT RADIAL LINE SHOWN ON SAID MAP 12951 AS NORTH 82°14'00" EAST, 187.00 FEET, SAID POINT BEING ALSO ON THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 70.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0'49'49" AND AN ARC DISTANCE OF 1.01 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF SAID GORGE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE, ALONG SAID RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 7"08'30" AND AN ARC DISTANCE OF 8.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARS SOUTH 46"42'33" WEST; THENCE EASTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 99"14'33" AND AN ARC DISTANCE OF 83.14 FEET TO A TANGENT LINE; THENCE NORTH 37O28'00" EAST ALONG SAID LINE 12.68 FEET TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 20.00 FEET, SAID CURVE BEING ON THE EASTERLY RIGHT OF WAY OF SAID GORGE PLACE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52"17'04" AND AN ARC DISTANCE OF 18.25 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PORTION OF LOT 168 RESERVED FOR FUTURE STREET PURPOSES AS SHOWN ON SAID MAP 12951; THENCE SOUTH 75"10'56" WEST ALONG SAID NORTHERLY LINE 1.00 FOOT TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 37.02 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY, WESTERLY AND NORTHERLY THROUGH A CENTRAL ANGLE OF 162"03'44" AND AN ARC DISTANCE OF 104.71 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 69.00 FEET, A RADIAL BEARS SOUTH 61"25'40" WEST SEPTEMBER 11, 2003 J.N. 981020 PAGE 2 OF 2 (SOUTH 61°25'41" WEST PER MAP 12951) ; THENCE CONTINUING ALONG THE ARC OF SAID CURVE NORTHERLY THROUGH A CENTRAL ANGLE OF 21°38'09" (21O38'08" PER MAP 12951) AND AN ARC DISTANCE OF 26.06 FEET; THENCE SOUTH 83'03'49' WEST 1.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,470 S.F. PARCEL 'B' THAT PORTION OF PARCEL 'A' PER THE CITY OF CARLSBAD ADJ 99- 31 FILED AS A CERTIFICATE OF COMPLIANCE IN THE OFFICE OF SEPTEMBER 20, 2000, DESCRIBED AS FOLLOWS: THE SAN DIEGO COUNTY RECORDER AS FILE 2000-0503706 ON THAT PORTION OF LOT 168 RESERVED FOR FUTURE STREET PURPOSES IN CARLSBAD TRACT 83-19 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO JULY 16, 1992. AREA = 132 S.F. W:\MSOFFICE\WINWORD\98102O\Gorge 4.lgl.doc -- stir 323'53"~ ERA/ S5717'59 *W(R) 38 02' RAD SRET VACAnON PLAT LuEammB souwm Y LINE CF Lor 168 AS sow ON MAP r29si LE N 82~4'00~ E WE BASIS GF BEARINGS IS WE AVENlDA ENClNAS POR770N LF LOT 168 AND GOKE PIACE OF w 12951 RECORDD JULY is, rwz 02003 B'Day Consultants, Inc. Xrefs 9820R, 9820MAP, 9820RMXP G~\~obs\2002\981020\982ORZ01 dwg Jan 21, 2004 2.55pm 7 RIGHT ck' WAY DG7ICAiZV PER DK. 2000-0402899 R€C VULY 3r, zoo0 PLACE &?ERE? FiW DtWCAflbV AND ACflCPZD PER MAP 12951 MAIN €ASiWEVT AKA= 2470 SE ----- S6123'53"WfR)7O??AD / S5777'59 *W(R)3& 02??AD ONlr FOOT STRP W LOT 1M &WZD FiX LXWC477bv AND AKA= 132 SE C 0 N S U L T dN T S 2710 Loker Avenue West Civil Engineering suite 100 Planning Carisbod. California 92008 Pmcessing 760-931 -77W Surveying FOX: 760-931 -8680 www.odayconsultants.com DATA TABLE I NTS 0' 5' 20' I SIREKT VACA77ON PLAT L 40' 32003 O'Day Consultants, Inc. Xrefs: 9820R; 9820MAP; 9820RMAP G: \jobs\2002\981020\98ZORZO1 .dwg Jan 21, 2004 2: 551: DOC # 2004-0174135 OFFICIAL MCONDS SAN DIEGO COUNTY RECDRDER'S OFFICE Gk'MRY J. %ITHI WNTY RECORDER FEES: 0.00 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carls bad 1200 Carlsbad Village Drive Carlsbad, CA 92008 - SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 2004-040 SUMMARILY VACATING A PORTION OF GORGE PLACE (SW 99-05) 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 t..Jw f 8 i 1: 7 RESOLUTION NO. 2004-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF GORGE PLACE (STV 99-05). WHEREAS, a request has been made to vacate a portion of Gorge Place; and WHEREAS, Gorge Place presently has excess right-of-way; 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 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 2,602 square feet of land being returned to the tax rolls; and WHEREAS, utility companies have no facilities within the area to be vacated. 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. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. IJJ VI VJ VJ VJ VI 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 4. 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 10th day of February , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard ATTEST: (SEAL) f: ,;# -2 9 1"' -11 _v / SEPTEMBER 11, 2003 J.N. 981020 PAGE 1 OF 2 EXHIBIT 'A' STREET VACATION STV- 9 9-05 PARCEL 'A' THAT PORTION OF GORGE PLACE IN CARLSBAD TRACT 83-19 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1992, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF LOT 168 OF SAID CARLSBAD TRACT 83-19, SAID POINT BEING THE EASTERLY TERMINUS OF THAT RADIAL LINE SHOWN ON SAID MAP 12951 AS NORTH 82°14'00" EAST, 187.00 FEET, SAID POINT BEING ALSO ON THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 70.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF O"49'49" AND AN ARC DISTANCE OF 1.01 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF SAID GORGE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE, ALONG SAID RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 7O08'30" AND AN ARC DISTANCE OF 8.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 48.00 FEET, A RADIAL BEARS SOUTH 46"42'33" WEST; THENCE EASTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 99"14'33" AND AN ARC DISTANCE OF 83.14 FEET TO A TANGENT LINE; THENCE NORTH 37"28'00" EAST ALONG SAID LINE 12.68 FEET TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 20.00 FEET, SAID CURVE BEING ON THE EASTERLY RIGHT OF WAY OF SAID GORGE PLACE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52"17'04" AND AN ARC DISTANCE OF 18.25 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PORTION OF LOT 168 RESERVED FOR FUTURE STREET PURPOSES AS SHOWN ON SAID MAP 12951; THENCE SOUTH 75"10'56" WEST ALONG SAID NORTHERLY LINE 1.00 FOOT TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 37.02 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE SOUTHERLY, WESTERLY AND NORTHERLY THROUGH A CENTRAL ANGLE OF 162"03'44'' AND AN ARC DISTANCE OF 104.71 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 69.00 FEET, A RADIAL BEARS SOUTH 61"25'40" WEST SEPTEMBER 11, 2003 J.N. 981020 PAGE 2 OF 2 (SOUTH 61O25'41" WEST PER MAP 12951) ; THENCE CONTINUING ALONG THE ARC OF SAID CURVE NORTHERLY THROUGH A CENTRAL ANGLE OF 21"38'09" (21°38'08" PER MAP 12951) AND AN ARC DISTANCE OF 26.06 FEET; THENCE SOUTH 83"03'49' WEST 1.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,470 S.F. PARCEL 'B' THAT PORTION OF PARCEL 'A' PER THE CITY OF CARLSBAD ADJ 99- 31 FILED AS A CERTIFICATE OF COMPLIANCE IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS FILE 2000-0503706 ON SEPTEMBER 20, 2000, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 168 RESERVED FOR FUTURE STREET PURPOSES IN CARLSBAD TRACT 83-19 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO JULY 16, 1992. AREA = 132 S.F. W:\MSOFFICE\WINWORD\981020\Gorge 4.lgl.doc 40' / 0' 10' w eb' SRET MCA77CMI PLAT wis em RIM: WE BASS 6F BEAHNGS IS lH€ SWW'L Y UNE fl LOT 168 AS SOW ON MAP 12951 LE N 8274'00" E LEaL DES CR/P77C?M POR~ON OF Lor IM AND GORGZ PLACE 2710 Loksr Avenue West Civil Engineering Suite 100 Planning Corlsbad. California 92008 Processing 760-931-7700 Surveying Of W 12951 RECORDLD JULY 14 1992 FOX. 760-931-8680 www.odayconsultantr corn APPLICANT: EXHIBIT "e" PREPARED BY: APPROVED BY: aum HIUS Id LLC 2727 HOOER AENUE MI7OM Cm cjl 92950 UOYD B. HU0K ME PH (619)336-3735 RCE. 23889 12/31/05 SHT. 1 OF 2 SHTS. SN 99-05 A.P.N. 168-292-05 02003 S'Day Consultants, Inc. Xrefs: 9820R; 9820MAP; 9820RMXP G: \jobs\2002\981020\9820RZOl.dwg Jan 21, 2004 2: 55pm C 0 N S U L T MN T S 2710 Loker Avenue West Civil Engineering Suits 100 Planning Corisbad. Californio 92008 Processing 760-931 -7700 Surveying FOX: 760-931 -8680 www.odayconsultantr.com 1% D AIL 'A' DA TA TABLE i 0' 5' 20' 1 S7REET MCA nU! PLA 1T v 40' WEl HIUS 4 LLC 2727 H0IIM;R AENUE M77OML C/7): 04 92950 PH (619)336-3735 12003 O'by Consultants, Inc. Xrefs: 9820R; 9820MAP; 9820RMAP G: \jobs\2002\981020\9820RZOl.dwg Jan 21, 2004 2: 55pi STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. I, Karen R. Kundtz, Assistant City 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 RESOLUTION NO. 2004-040 SUMMARILY VACATING A PORTION OF GORGE PLACE (STV 99-05) with the original now on file in the Office of the City Clerk of the City of Carlsbad: 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 12th day of Februarv, 2004. ASSISTANT CITY CLEW (SEAL)