HomeMy WebLinkAbout2004-07-27; City Council; 17725; Summarily Vacate Portions of Hidden Valley Rd4B# 17,725
rllTG. 07/27/04
IEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE:
RESOLUTION TO SUMMARILY VACATE
PORTIONS OF HIDDEN VALLEY ROAD
PR 6.132 & PR 6.133 CITY MGR-
RECOMMENDED ACTION:
Adopt Resolution No. 2004-244
intersection with Palomar Airport Road,
summarily vacating a portion of Hidden Valley Road at its
Adopt Resolution No. 2004-245
portion of Hidden Valley Road southerly of Palomar Airport Road.
summarily vacating an Irrevocable Offer of Dedication for a
ITEM EXPLANATION:
Pursuant to a parcel split in 1974 the property owner at the time dedicated to the city that portion of
the future Hidden Valley Road (referred at that time as Macario Road) adjacent to and
approximately 125 feet southerly of Palomar Airport Road. The property owner also made an
irrevocable offer of dedication for that portion of the future Hidden Valley Road adjacent to and
approximately 782 feet southerly of the dedicated portion adjacent to Palomar Airport Road.
With the development of the Sambi Seaside Heights project, Poinsettia Park, and Legoland, Hidden
Valley Road was realigned at its intersection with Palomar Airport Road. The right-of-way for the
new alignment was dedicated and the road was constructed in conjunction with several projects in
the surrounding area, including Kelly Corporate Center.
The developer of the Kelly Corporate Center project, The Allen Group, has requested that the
dedication and irrevocable offer of dedication for the original road alignment be vacated. The utility
companies have been notified of the vacation request and no objections have been received.
ENVIRONMENTAL REVIEW:
The Kelly Corporate Center project (SDP 97-25) received environmental approval from the Planning
Commission on September 1, 1999 via a Mitigated Negative Declaration.
FISCAL IMPACT:
There is no fiscal impact to the City. The original and the new alignment right-of-way were granted to
the City at no cost and the City will vacate the original right-of-way at no cost to the property owner.
The owner has paid the standard fee for processing this street vacation.
EXHIBITS:
1. Location Map for portions of Hidden Valley Road, PR 6.132 & PR 6.133
2. Resolution No. 2004-244 summarily vacating a portion of Hidden Valley Road southerly of
3. Resolution No. 2304-245 vacating an irrevocable offer of dedication for a portion of
its intersection with Palomar Airport Road.
Hidden Valley Road southerly of its intersection with Palomar Airport Road.
DEPARTMENT CONTACT: Frank Jimeno, (760) 602-2758, fjime@ci.carlsbad.ca.us
I
I LOCATION MAP
I,
NOT TO SCALE
SI
PROJECT EXHIBIT NUMBER PR6.732 PR6.733 I HIDDEN VALLEY ROAD RIGHT OF WAY VACATION
PROJECT NAME
DRAW BY: SCOV EVANS, CARLSBAD ENGINEERING DEPT. 7/1/04 C \DEMLOPMENT PRoXCn\PR\PR6132-PR6135DHZ: 2
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RESOLUTION NO. 2004-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION
OF HIDDEN VALLEY ROAD SOUTHERLY OF ITS
INTERSECTION WITH PALOMAR AIRPORT ROAD.
WHEREAS, pursuant to Parcel Split No. 147 Carroll R. Kelly dedicated to the City a
portion of Hidden Valley Road, formerly known as Macario Road, per document recorded July 25,
1974 as File No. 74-200024 of Official records of San Diego County; and
WHEREAS, subsequent alignment studies were performed and the road was realigned at
its intersection with Palomar Airport Road; and
WHEREAS, the right-of-way for the revised alignment was dedicated by the current owner
of the property, Kelly Corporate Center I; and
WHEREAS, public road improvements have been constructed per the revised alignment
of Hidden Valley Road in conformance with City standards and the requirements of the Growth
Management Plan; and
WHEREAS, the right-of-way of the previous alignment of Hidden Valley Road provides no
public purpose, nor provides usable access to adjoining properties; and
WHEREAS, the previous alignment of Hidden Valley Road has not been maintained as a
public right-of-way for a period of five years or more; and
WHEREAS, Kelly Corporate Center I, LLC, a Delaware limited liability company, the
owner, has requested that the right-of-way of the previous alignment of Hidden Valley Road be
vacated, and
WHEREAS, the vacation of this area is consistent with the General Plan; and
WHEREAS, the vacation of this excess right-of-way will result in approximately 9,600
square feet of land being returned to the tax rolls.
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 3 of the California Streets and
Highways Code said excess right-of-way more particularly described in Exhibit A and shown for
the sake of clarity on Exhibit 6 be summarily vacated.
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3. That the City Clerk is hereby authorized to cause this resolution to be recorded in
the Office of the County Recorder of San Diego County.
4. From the date the resolution is recorded in the County Recorder’s Office, the area
being vacated no longer constitutes a street.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
heldon the 27th dayof July , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ATTEST
U
(SEAL)
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REVISED: OCTOBER 30, 1997
REVISED: OCTOBER 7, 1997 REVISED SEPTEMBER 8, 1997 MARCH 4, 1997 J.N.: 96-1023B1
EXHIBIT "A"
PR 6.132
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS DESCRIBED IN A GRANT DEED, FILE/PAGE
DIEGO COUNTY ON JULY 25, 1974 AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
NO. 74-200024, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DEDICATION OF RIGHT-OF-WAY INCLUDING RIGHT TO EXTEND SLOPES AND EMBANKMENTS AND DRAINAGE STRUCTURES BEYOND THE LIMITS OF SAID RIGHT-OF-WAY FOR THE
OPENING OF MACARIO ROAD AS A PUBLIC STREET
AN EASEMENT FOR STREETS AND HIGHWAY PURPOSES OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LYING 42.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
BEGINNING AT CORNER NO. 13 OF SAID LOT G, OF SAID RANCHO AGUA
HEDIONDA; THENCE NORTH O"31'16" WEST, ALONG THE WESTERLY BOUNDARY OF SAID LOT G, 2272.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD (100 FEET IN WIDTH) AS PER ROAD SURVEY NO. 1534, ON FILE IN THE OFFICE OF THE SAID
COUNTY RECORDER; THENCE, ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 70"12'37" EAST, 614.66 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 9 " 4 7 ' 23" EAST, 12 4.23 FEET. TrWEmYAND EASTERLY LINES SHALL BE SHORTENED OR EXTENDED TO TERMINATE IN THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD. TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE WESTERLY LINE OF THE HEREIN DESCRIBED RIGHT- OF-WAY, A LINE THAT IS PARALLEL WITH AND 63.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF SAID PALOMAR AIRPORT ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, SAID CURVE BEING TANGENT TO EACH OF THE SAID PARALLEL LINES AND THE SAID WESTERLY LINE. TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE LAST MENTIONED PARALLEL LINE, THE EASTERLY RIGHT- OF-WAY LINE HEREIN DESCRIBED AND A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES.
AREA
F: \MSOF
= 9,614 SQUARE FEET;
'FICE\WINWORD\96-1023\LAND3.LGL
.22 ACRES
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pdRTK)N of THE SOUTH BOUNMRI UNE OF PALOMAR AIRPORT ROAD WITHIN SW" 21, T. 12 S, R 4 W, S.8.U. IKARING: N 7U12'31E. KCORDING TO K 1534.
PARCEL 'A' 'i I' I
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PORTION OF PARCEL A & C OF PARCEL MAP
NO. 2993, AS FILED IN THE OmCE OF gaB
CENTERUNE
" VlClNllY MAP
DSW
1 THE COUNTY RECORDER OF W DIEGO
Icur i nc 1 CUT I .. -.."a ..
f~780-oJ1 -mm 4111. t ur I ani- REQUESTED BY: CITY OF CARLSBAD 2075 IAS PALMAS DRNE CARLSBAD, CA 92009 PATRICK N O'DAY
PHONE: (760) 438- 1 161 R.C.E. 27214 Mp. 3/31/97
MHlBll '$ A.P.N. SHOWN ABoM
DATE OCTOBER 1997 FILE NO. 74200024
///747
Fi\JOBS\951017\PLAT11 11-6-97 l14?&13 an 95-101
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RESOLUTION NO. 2004-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING AN
IRREVOCABLE OFFER OF DEDICATION FOR A PORTION OF
HIDDEN VALLEY ROAD SOUTHERLY OF ITS INTERSECTION
WITH PALOMAR AIRPORT ROAD.
WHEREAS, pursuant to Parcel Split No. 147 Carroll R. Kelly made an irrevocable offer of
dedication to the City of a portion of Hidden Valley Road, formerly known as Macario Road, per
document recorded July 25, 1974 as File No. 74-200027 of Official records of San Diego County;
and
WHEREAS, subsequent alignment studies were performed and the road was realigned at
its intersection with Palomar Airport Road; and
WHEREAS, the right-of-way for the revised alignment was dedicated by the current owner
of the property, Kelly Corporate Center I; and
WHEREAS, public road improvements have been constructed per the revised alignment
of Hidden Valley Road in conformance with City standards and the requirements of the Growth
Management Plan; and
WHEREAS, the right-of-way irrevocably offered for the previous alignment of Hidden
Valley Road provides no public purpose, nor provides usable access to adjoining properties; and
WHEREAS, the irrevocable offer of dedication for the previous alignment of Hidden Valley
Road was not accepted by the City; and
WHEREAS, Kelly Corporate Center I, LLC, a Delaware limited liability company, the
owner, has requested that the irrevocable offer of dedication of the right-of-way of the previous
alignment of Hidden Valley Road be terminated and abandoned, and
WHEREAS, the irrevocable offer of dedication may be terminated and abandoned in the
same manner as prescribed for the summary vacation of streets of the Streets and Highways
Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
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2. That pursuant to Division 9, Part 3 (commencing with Section 8300), of the
California Streets and Highways Code said irrevocable offer of dedication more particularly
described in Exhibit A and shown for the sake of clarity on Exhibit B be summarily vacated.
3. That the City Clerk is hereby authorized to cause this resolution to be recorded in
the Office of the County Recorder of San Diego County.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 27th dayof July , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None A
ATTEST:
(SEAL)
MARCH 4, 1997 REVISED: SEPTEMBER 8, 1997 REVISED: OCTOBER 7, 1997 REVISED: OCTOBER 30, 1997 J.N.: 96-1023B1
EXHIBIT "A"
PR 6.133
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS DESCRIBED IN AN OFFER OF DEDICATION, FILE/PAGE NO. 74-200027, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 25, 1974 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IRREVOCABLE OFFER TO DEDICATE RIGHT-OF-WAY INCLUDING RIGHT TO EXTEND SLOPES AND EMBANKMENTS AND DRAINAGE STRUCTURES BEYOND THE LIMITS OF SAID RIGHT-OF-WAY FOR THE OPENING OF MACARIO ROAD AS A PUBLIC STREET
AN EASEMENT FOR STREETS AND HIGHWAY PURPOSES OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LYING 42.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT CORNER NO. 13 OF SAID LOT G, OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH O"31'16" WEST, ALONG THE WESTERLY BOUNDARY OF SAID LOT G, 2272.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD (100 FEET IN WIDTH) AS PER ROAD SURVEY NO. 1534, ON FILE IN THE OFFICE OF THE SAID COUNTY RECORDER; THENCE, ALONG THE SAID SOUTHERLY RIGHT-OF-
WAY LINE NORTH 70'12'37" EAST, 614.66 FEET; THENCE SOUTH 9'47'23" EAST, 124.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
CONTINUING SOUTH 9'47'23" EAST,l.OO FEET-TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29"30'52'', AN ARC DISTANCE OF 412.10 FEET TO A POINT OF REVERSE CURVATURE WITH A 800.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22'51'42", AN ARC DISTANCE OF 319.21 FEET TO
THE TERMINUS OF SAID LINE AND TO A POINT ON A LINE THAT BEARS NORTH 86'51'47" EAST FROM A POINT IN THE WESTERLY BOUNDARY OF
SAID LOT G, SAID POINT BEING NORTH 0'31'16" WEST, ALONG SAID BOUNDARY, 1,559.59 FEET FROM CORNER NO. 13 OF SAID LOT G.
AREA = 65,714 SQUARE FEET; 1.51 ACRES
VICINITY MAP I
WDSOLE
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PR 6.133 76O-Wl-77w sln+lq
Fazc7W-93146W
REQUESTED BY:
2075 IAS PALMAS DRM
CARLSBAD, CA 92009 EXHIBIT "8' FOR
aw OF CARLSW
FILE NO. 74-200027 PHONE: (760) 438-1 161
L
SHT. 1 OF 1 SHT.
A.P.N. SHOWN ABOVE
DATE NOV. 97
-a CORNER /13
LOT *C
RANCHO AGUA
HEDIONO A
PORTION OF PARCEL 4 B & C OF PARCEL
MAP NO. 2993, AS FILED IN THE omcE OF ME COUNTY RECORDER OF SAN DIEGO
CENTERUNE
PROPOSED ROU
F:\JUBS\951017\74200027 11-7-97 92249 am 95-101