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HomeMy WebLinkAbout2006-03-28; City Council; 18500; Vacate Locust Street10 CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,500 3/28/06 ENG TITLE: VACATE LOCUST STREET STV 04-06 (CT 02-1 8) DEPT. HD. /x^ CITY ATTY. (^^ CITY MGR. 1 LT "^ RECOMMENDED ACTION: Adopt Resolution No. 2006-074 to vacate Locust Street. ITEM EXPLANATION: Anastasi Development Company, LLC, owner of the real property shown on the tentative map for CT 02-18, has 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. In conformance with the approved tentative map, the developer has completed the final map processing with the City. The final map for CT 02-18 providea/all other easements necessary to encompass public facilities. Upon vacating Locust Street, staff will process the final map for CT-02-18 for recordation. On February 21, 2006, City Council adopted Resolution No. 2006-042 declaring the intention to vacate Locust Street. This public hearing is set forth to hear all persons interested in or objecting to the proposed vacation. Staff has concluded Locust Street is not required for present or future street purposes. The vacation would not affect vehicular or non-motorized traffic circulation. Utility Companies have been notified of the proposed vacation and no objections were received. ENVIRONMENTAL REVIEW: The activity is exempt per CEQA Section 15061(b) 3. FISCAL IMPACT: Approval of this 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. 2006-074 to vacate Locust Street. DEPARTMENT CONTACT: Jeremy Riddle, (760) 602-2737, iridd@ci.carlsbad.ca.us LOCATION MAP VICINITY MAP NOT TO SCALE PROJECT NAME STREET VACATION - LOCUST STREET PROJECT NUMBER STV 04-06 DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 4\19\05 1 RESOLUTION NO. 2006-074 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 22 23 24 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. TO VACATE LOCUST STREET. 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 the Developer is conditioned to vacate Locust Street as part of the CT 02-18; and WHEREAS, on February 21, 2006 City Council approved Resolution no. 2006-042 declaring the intention to vacate Locust Street and setting a public hearing for March 28, 2006; and WHEREAS, in order to maintain existing underground sewer and water mains, a portion will be reserved as an easement for general utility and access purposes as shown on the attached plat; and WHEREAS, the final map for CT 02-18 provides all other public easements necessary to encompass public facilities within the subdivision boundary and is approved by the City Engineer; and 18 WHEREAS, the excess right-of-way for Locust Street provides no public purpose and 19 would not be useful as a non-motorized transportation facility, therefore, the City Engineer has 20 determined Locust Street is not needed for present or future street purposes; and 21 WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City; and WHEREAS, all publication and posting of notices regarding the proposed vacation of Locust Street have been performed as required by law; and WHEREAS, no objections were received by public utility agencies notified as part of this _. vacation; and26 WHEREAS, the City Council did hear the evidence offered by all persons interested in said vacation and does hereby find that this portion of Locust Street is unnecessary for present or 28 prospective street purposes. 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 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. 2. That, pursuant to Division 9, Part 3, Chapter 3 of the California Street and Highways Code, that Locust Street, as described in Exhibit A and shown for the sake of clarity on Exhibit B, is hereby vacated, closed up, and abandoned for public street purposes. 3. That an easement for general utility and access purposes is hereby reserved over a portion of Locust Street as shown in Exhibit A and shown for the sake of clarity on Exhibit B. 4. That the City Clerk is directed to record this resolution, the attached legal description and plat 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 28th day of March , 2006 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: Couj*ftil Member Hall CLAUDE A. LEV ATTEST: layor ^C_, (SEAL) _ v a ~y *-•- ^_ \«^as.5aj j U* v ^">!* 1^.-*>»*.i 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 /8 GEORGEj^TDAY RC^32014EXP! 12/31/06 O'DAY CONSULTANCYS U O:\Legal_Descriptions\011 ()22\Streei Vacation.I fntEXHIBIT 'B 10 206-120-11 9 206-120-10 3 206-120-9 7 I 206-120-8 206-120-7 'LOCUST STREET (FORMERL Y CLEVELAND STREET) VACATED 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 LEGAL DESCRIPTION: A PORTION OF LOCUST STREET (FORMERLY CLEVELAND STREET) OF RESUBDMSION OF PORTIONS OF TRACT 258 AND 243 OF THUM LANDS, PER MAP 2103, RECORDED APRIL 13, 1928. STREET VACATION PLAT QuAY / / ' 32014 fop. 12/31/06 STV 04-06 VICINITY MAP NOSCUE SHT. 1 OF 1 SHTS. CONSULT T S 2710 Loker Ave. W. Suite 100 Carlsbad, CA 92010 760-931-7700 Fax: 760-931-8680 G:\011022\0122PVAC01.dwg Aug 18, 2005 10:27am / Xrefs: 0122MAP City of Carlsbad Public Works - Engineering POSTING OF NOTICES OF STREET VACATION TO VACATE LOCUST AVENUE, STV 04-06, (CT 02-18) I, Jeremy Riddle, posted the required Notices in the manner required, along Locust Avenue between Adams Street and Harrison Street ( 3 notices) not more than 300 feet apart on March 2,2006. I certify under penalty of perjury that the foregoing is true and correct 9 lot/. Date Signed NOTE: This certification must be filed with the City Clerk. 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (76O) 6O2-2720 • FAX (760) 6O2-8562 PROOF OF PUBLICATION (2010 & 2011C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: thMarch 10 ,2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 10th, Day of March, 2006 Proof of Publication of WHEREAS, Anastasi Development Company, LLC has submitted an applicationto vacate Locust Street; andWHEREAS; the City Council did on June 15, 2004, adopt Resolution No. 2004-194 approving tentative map CT 02-18, The Bluffs: andWHEREAS, me tentative map of Carlsbad Tract CT 02-18 contemplated the va-cation of Locust Street; andWHEREAS, the Developer is conditioned to vacate Locust Street as part of theCT 02-18; andWHEREAS, the final map, grading and improvement plans for CT 02-18 are com-pleted to the satisfaction ofthe City Engineer: andWHEREAS, the City Engineer has determined that Locust Street is not needed forpresent or future street purposes; andWHEREAS, the City Engineer has determined that a portion of Locust Street willbe reserved as an easement for general utility and access purposes as shown onthe attached vacation plat and legal description- andWHEREAS, the proposed vacation meets the Growth Management Policies andis consistent with the General Plan of the City.NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Carls-bad, California, as follows: 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" (on file in the City Clerk's office).3 .It is Council's intention to reserve a portion of Locust Street as an easement forgeneral utility and access purposes as described in Exhibit "A" and shown for thesake of clarify on Exhibit "B" (on file in the City Clerk's office).4. It also shad be Council's said intention to conduct the proceedings for this streetvacation under the California Streets and Highways Code, Division 9, Part 3, 5 .A public hearing shall be held at the City Council Chambers at '1200 Carlsbadirlsbad, re Drive, Carlsbad, California, at 6:00 p.m., on March 28, 2006.at the City Clerk is instructed to publish this resolution of intention in the localwspaper and the City Engineer is instructed to post such notices along the siteaccordance with the California Streets and Highways Code. NOES: NoneABSENT: Mayor Lewis MATT HALL, Mayor Pro-Tern ATTEST: LORRAINE M. WOOD, City Clerk NCT 1913738-03/10/06 ' Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising 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# 2006-0244422......,.,, >LIM ,1,,, ,,,11 ..I APR 10, 2006 8:30 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Resolution No. 2006-074 March 28. 2006 tjlACounty RecorderXRecorder Cover Sheetdoc RESOLUTION NO. 2006-074 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 22 23 24 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. TO VACATE LOCUST STREET. 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 the Developer is conditioned to vacate Locust Street as part of the CT 02-18; and WHEREAS, on February 21, 2006 City Council approved Resolution no. 2006-042 declaring the intention to vacate Locust Street and setting a public hearing for March 28, 2006; and WHEREAS, in order to maintain existing underground sewer and water mains, a portion will be reserved as an easement for general utility and access purposes as shown on the attached plat; and WHEREAS, the final map for CT 02-18 provides all other public easements necessary to encompass public facilities within the subdivision boundary and is approved by the City Engineer; and 18 WHEREAS, the excess right-of-way for Locust Street provides no public purpose and 19 would not be useful as a non-motorized transportation facility, therefore, the City Engineer has 20 determined Locust Street is not needed for present or future street purposes; and 21 WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City; and WHEREAS, all publication and posting of notices regarding the proposed vacation of Locust Street have been performed as required by law; and WHEREAS, no objections were received by public utility agencies notified as part of this „_ vacation; and26 WHEREAS, the City Council did hear the evidence offered by all persons interested in said vacation and does hereby find that this portion of Locust Street is unnecessary for present or 28 prospective street purposes. 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 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. 2. That, pursuant to Division 9, Part 3, Chapter 3 of the California Street and Highways Code, that Locust Street, as described in Exhibit A and shown for the sake of clarity on Exhibit B, is hereby vacated, closed up, and abandoned for public street purposes. 3. That an easement for general utility and access purposes is hereby reserved over a portion of Locust Street as shown in Exhibit A and shown for the sake of clarity on Exhibit B. 4. That the City Clerk is directed to record this resolution, the attached legal description and plat 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 28th day of March , 2006 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: C,oiy*til Member Hall CLAUDE A. LEV ATTEST: flayor LO (SEAL) 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 GEORGEP'DAY R O'DAY CONSULTAN 32014EX^. 12/31/06 O:\Usgal_tJoscriptions\OI K)22\Strcet Vacation.Igl.iloc EXHIBIT 'B' I JO' 10 206-120-11 9 206-120-10 B 206-120-9 7 206-120-8 6 206-120-7 LOCUST STREET (FORMERL Y CLEVELAND STREET) 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 <k ACCESS EASEMENT LEGAL DESCRIPTION: A PORTION OF LOCUST STREET (FORMERLY CLEVELAND STREET) OF RESUBDMSION OF PORTIONS OF TRACT 238 AND 243 OF THUU LANDS, PER MAP 2103, RECORDED APRIL 13, 1928. STREET VACATION PLAT ~ .. .3 O'DAT 2014 'EXP.12/31/06 STV 04-06 VICINITY MAP NOSCME SHT. 1 OF 1 SHTS. CONSULT ~S 2710 Loker Ave. W. Suite 100 Carlsbad, CA 92010 760-931-7700 Fax: 760-931-8680 S:\011022\0122PVAC01.dwg Aug 18, 2005 10:27am Xrefs: 0122MAP 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. 2006-074. TO VACATE LOCUST STREET. STV 04-06. with the original now on file in the Office of the City Clerk of the City of Carlsbad; and 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 30th day of March, 2006. R. KJJ /«°' " *°T vi X^- ASSISTANT CITY CLERKV zo --»^r *,--> -n= (SEAL)