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HomeMy WebLinkAbout2006-02-21; City Council; 18453; Resolution of Intention to Vacate Locust StreetCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,453 2/21/06 ENG TITLE: RESOLUTION OF INTENTION TO VACATE LOCUST STREET STV 04-06 (CT 02-1 8) l^^7DEPT. HD. sW' CITYATTY.Cfi^' CITY MGRr-^rt-* RECOMMENDED ACTION: Adopt Resolution No. 2006-042 declaring the intention to vacate Locust Street and setting a public hearing for March 28, 2006. ITEM EXPLANATION: Anastasi Development Company, LLC, owners of the real property shown on the tentative map for CT 02-18, have filed an application to vacate Locust Street. On May 19, 2004, the Planning Commission adopted Resolution No. 5635 recommending approval of a tentative map for The Bluffs, CT 02-18. City Council approved the project on June 15, 2004 per Resolution No. 2004-194. As part of this project, the Developer is conditioned to process a street vacation for Locust Street. This street vacation is necessary in order to develop the property as contemplated on the tentative map. A portion of Locust Street will be reserved as an easement for general utility and access purposes as shown on the vacation plat. This will allow the operation and maintenance of public facilities such as potable water and sanitary sewer pipes serving the community. The final map for CT 02-18 is providing all other easements necessary to encompass public facilities. The final map, grading, and improvement plans for CT 02-18 are complete and security has been posted. Utility Companies have been notified of the proposed vacation; no objections were received. ENVIRONMENTAL REVIEW: The activity is exempt per CEQA Section 15061(b) 3. FISCAL IMPACT: Approval of this street vacation will result in 0.45 acres of land to be returned to the tax rolls. The right-of-way for Locust Street was granted to the City for a no fee cost acquisition and the City will vacate the right-of-way for a no fee cost return to the property owner. The owner has paid the standard fee for processing this street vacation. EXHIBITS: 1. Location Map. 2. Resolution No. 2006-042 declaring the intention to vacate Locust Street and setting a public hearing for March 28, 2006 DEPARTMENT CONTACT: Jeremy Riddle, (760) 602-2737, iridd@ci.carlsbad.ca.us CITY OF OCEANSIDE OF VISTA SITE CITY OF SAN MARCOS STREET VACATION (STV 04-06) LOCUST STREET z 23 24 25 26 CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE LOCUST STREET AND SETTING A PUBLIC HEARING. WHEREAS, Anastasi Development Company, LLC has submitted an application to vacate Locust Street; and WHEREAS, the City Council did on June 15, 2004, adopt Resolution No. 2004-194 approving tentative map CT 02-18, The Bluffs; and WHEREAS, the tentative map of Carlsbad Tract CT 02-18 contemplated the vacation of Locust Street; and WHEREAS, the Developer is conditioned to vacate Locust Street as part of the CT 02-18; and WHEREAS, the final map, grading and improvement plans for CT 02-18 are completed to the satisfaction of the City Engineer; and WHEREAS, the City Engineer has determined that Locust Street is not needed for present or future street purposes; and WHEREAS, the City Engineer has determined that a portion of Locust Street will be reserved as an easement for general utility and access purposes as shown on the attached vacation plat and legal description; and WHEREAS, the proposed vacation meets the Growth Management Policies and is 19 consistent with the General Plan of the City. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22 1. That the above recitations are true and correct. 2. It is Council's said intention to vacate Locust Street as described in Exhibit "A" and shown for the sake of clarity on Exhibit "B". 3. It is Council's intention to reserve a portion of Locust Street as an easement for general utility and access purposes as described in Exhibit "A" and shown for the sake of clarity 27 on Exhibit "B". 4. It also shall be Council's said intention to conduct the proceedings for this street28 vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. A public hearing shall be held at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on March 28, 2006. 6. That the City Clerk is instructed .to publish this resolution of intention in the local newspaper and the City Engineer is instructed to post such notices along the site in accordance with the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2lst day of Fphr-nai-y 2006 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Mayor Lewis MATT HALL /"Mayor Pro-Tern ATTEST: 9. LORRAINE M. WOOD, City Clerk (SEAL) T J.N. 011022-03 REVISED: AUGUST 18, 2005 OCTOBER 26, 2004 EXHIBIT "A" LEGAL DESCRIPTION VACATION OF LOCUST STREET (FORMERLY CLEVELAND STREET) THE BLUFFS CT 02-18 STV 04-06 THOSE PORTIONS OF LOCUST STREET (FORMERLY CLEVELAND STREET) BETWEEN HARRISON STREET AND ADAMS STREET SHOWN AS DEDICATED FOR PUBLIC USE HIGHWAYS ON RE-SUBDIVISION OF PORTIONS OF TRACTS 238 AND 243, THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2103, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 3, 1928. RESERVING THEREFROM THE NORTHERLY 97.62 FEET OF THE WESTERLY 20 FEET AND THE NORTHERLY 110.03 FEET OF THE EASTERLY 20 FEET, 4,153 S.F. (0.10 ACRES MORE OR LESS) FOR A GENERAL UTILITY AND ACCESS EASEMENT. AREA = 19,523 SQ. FT. OR 0.45 ACRES MORE OR LESS ~rj^- £t4 UC../8. Z&o GEORGEjO'DAYRC^32014 EX/. 12/31/06 ~'~ T ••'• 1 i "O'DAY CONSULTANTS O:\LcgaLDesLTiptions\01 l()22\Strcot Viicalion.lgl.doc '' II JO' 10 206-120-11 EXHIBIT B A " 206-120-9 9 206-120-10 / 206-120-8 8 206-120-7 'LOCUST STREET (FORMERL Y CLEVELAND STREET) TO BEVACATED 4 206-120-13 CT 02-18 BOUNDARY- LEGEND; AREA OF VACATION: 19,519 S.F. (0.45 AC±) AREA OF RESERVED GENERAL UTILITY & ACCESS EASEMENT: 4,153 S.F. (0.10 AC±) PROPOSED VACATION OF LOCUST STREET PROPOSED RESERVATION OF GENERAL UTILITY & ACCESS EASEMENT SCALE: 1" = 100' LEGAL DESCRIPTION: A PORTION OF LOCUST STREET (FORMERLY CLEVELAND STREET) OF RESUBDMSION OF PORTIONS OF TRACT 238 AND 243 OF THUM LANDS, PER MAP 2103, RECORDED APRIL 13, 1928. STREET VACATION PLAT •OffiE O'Dffi / / ' R.C.E. 32014 fEXP.1 2/31/06 STY 04-06 VICINITY MAP HOSCAU SHT. 1 OF 1 SHTS. CONSULT T S 2710 Loker Ave. W. Suite 100 Carlsbad, CA 92010 760-931-7700 Fax: 760-931-8680 S:\011022\Oi22PVAC01.dwg Aug 18, 20C5 10:27om Xrefs: 0122MAP