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HomeMy WebLinkAbout2006-09-12; City Council; 18709; Street vacation: Whitney PlaceCITY OF CARLSBAD - AGENDA BILL AB# 18.709 MTG. 9/12/06 DEPT. ENG SUMMARILY VACATE WHITNEY PLACE /CTV n^_fi4\^O 1 V \l3~\Jt) DEPT. HEAD£2-/ CITY ATTY. /&& CITY MGRTjXYS _summarily vacating Whitney Place, STV 05-04. RECOMMENDED ACTION: Adopt Resolution No. 2006-257 ITEM EXPLANATION: The applicant, Spectrumflex, LLC, has filed an application with the City to vacate Whitney Place. Whitney Place is an industrial cul-de-sac off of Gateway Road south of Palomar Airport Road. Whitney Place was originally dedicated with the final map for CT 02-15 - Bressi Ranch. With discretionary approval of tentative Carlsbad Tract 05-09, Whitney Place was subsequently changed to a private road/driveway serving lots 34 thru 37 of CT 02-15. Staff and Carlsbad Planning Commission concur with the proposed design and are working with the applicant on final permit approvals. The existing street (Whitney Place) was never constructed and, therefore, never used by the public. Staff has concluded that the existing 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. Separate easements will be granted to accommodate utility services stubbed to this site. ENVIRONMENTAL IMPACT: The activity is exempt per CEQA Section 15061(b) 3. FISCAL IMPACT: Approval of this street vacation will result in approximately 22,352 square feet (0.514 acres) 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. EXHIBITS: 1. 2. 3. 2006-257 summarily vacating Whitney Place, STV 05-04. Location Map. Resolution No. Legal description and plat. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@.ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. . COUNCIL ACTION: APPROVED & DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP NOT TO SCALE PROJECT NAME STREET VACATION FOR WHITNEY PLACE PROJECT NUMBER STV05-04 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 8/14/06 C: \DEVELOPUENT PROJECTS\STV\STV05-04.DWG 1 RESOLUTION NO. 2006-257 19 20 21 22 23 24 25 26 27 28 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING WHITNEY PLACE (STV 05-04). 4 WHEREAS, a request has been made to vacate Whitney Place; and 0 WHEREAS, Whitney Place presently has excess right-of-way; and 6 WHEREAS, the City Engineer has determined that the excess right-of-way is not required for present or future street purposes; and8 WHEREAS, the excess right-of-way provides no public street purpose and would not bey 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 22,352 square feet (0.514 acres) of land being returned to the tax rolls; and I O WHEREAS, utility companies will have easements to accommodate facilities within the ... area to be vacated.To 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 17 California, as follows: 1 o 1 • That the above recitations are true and correct. 2. 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. 4. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a public street. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of September, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk,,,,,,,,, EXHIBIT 'A' LEGAL DESCRIPTION STREET VACATION PARCEL 'A' STV 05-04 BEING A PORTION OF LOT 37 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE POINT OF BEGINNING, THENCE SOUTH 90°00'00" EAST ALONG THE SOUTHERLY LINE OF LOT 36,51.96 FEET TO THE BEGINNING OF A NON- TANGENT 60.00-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE A RADIAL TO SAID POINT BEING 60°00'00" 1. SOUTHEASTERLY 51.03 FEET THROUGH A CENTRAL ANGLE OF 48°43'47"; THENCE 2 SOUTH 18°43 '47" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT 90.00-FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 3. SOUTHERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'47" THENCE 4. SOUTH OOWOO" WEST 80.50 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 5. SOUTHEASTERLY 37.93 FEET; THROUGH A CENTRAL ANGLE OF 86°55'32" TO THE NORTHERLY RIGHT-OF- WAY LINE OF GATEWAY ROAD; THENCE TANGENT TO SAID CURVE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 6. NORTH 86°55'25" WEST 59.74 FEET; THENCE LEAVING SAID NORTHERLY Page 1 of2 RIGHT-OF-WAY LINE 7. NORTH 00°00'00" EAST 227.78 FEET TO THE POINT OF BEGINNING. CONTAINS 0.232 ACRES MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. RUDYP. PACHECO EXPIRATION DATE: LS/Rg%# 57/7 SEAL Page 2 of2 EXHIBIT 'A' LEGAL DESCRIPTION STREET VACATION PARCEL 'B' STV 05-04 BEING A PORTION OF LOT 36 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE POINT OF BEGINNING; THENCE NORTH 00°00'00" EAST ALONG THE WESTERLY LOT LINE OF SAID LOT 36, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT 60.00- FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE WITH A RADIAL TO SAID POINT BEING SOO°00'00"W 1. SOUTHEASTERLY 62.83 FEET THROUGH A CENTRAL ANGLE OF 60°00'00"; THENCE 2 NORTH 90°00'00" WEST 51.96 FEET TO THE POINT OF BEGINNING. CONTAINS 0.025 ACRES MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART OF. RUDY P. PACHECO LS/fte&# 57/7 EXPIRATION DATE: SEAL Page 1 of 1 EXHIBIT'A' LEGAL DESCRIPTION STREET VACATION PARCEL 'C' STV 05-04 BEING A PORTION OF LOT 35 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE POINT OF BEGINNING, THENCE NORTH 90WOO" WEST ALONG THE SOUTHERLY LOT LINE OF SAID LOT 35, 51.96 FEET TO THE BEGINNING OF A NON- TANGENT 60.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE WITH A RADIAL TO SAID POINT BEARING NOO°00'00"W 1. NORTHEASTERLY 62.83 FEET THROUGH A CENTRAL ANGLE OF 60°00'00"; THENCE 2 SOUTH 00°00'00" WEST 30.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.025 ACRES MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. RUDY P. PACHECO / LS/ft€£ # EXPIRATION DATE: 9 SEAL Page 1 of 1 EXHIBIT 'A' LEGAL DESCRIPTION STREET VACATION PARCEL T>' STV 05-04 BEING A PORTION OF LOT 34 OF MAP NO. 14960 PER DOC. NO. 2005-0096673, OF OFFICIAL RECORDS, RECORDED FEB. 04, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 35 OF MAP 14960, THE POINT OF BEGINNING; THENCE SOUTH OOWOO" WEST ALONG THE EASTERLY LOT LINE OF LOT 34, 227.78 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF GATEWAY ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY 1. NORTH 86°55'25" WEST 62.43 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 2 NORTHEASTERLY 40.61 FEET THROUGH A CENTRAL ANGLE OF 93°04'35"; THENCE 3. NORTH OOWOO" EAST 73.95 FEET TO THE BEGINNING OF A TANGENT 90.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 4. NORTHWESTERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'46"; THENCE 5. NORTH 18°43'47" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT 60.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 6. NORTHEASTERLY 51.03 FEET THROUGH A CENTRAL ANGLE OF 48°43'47"; THENCE 7. SOUTH 90WOO" EAST 51.96 FEET TO THE POINT OF BEGINNING. Page 1 of2 AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CONTAINS 0.232 ACRES MORE OR LESS /2—^ *//*/** RUDY P. PACHECO , EXPIRATION DATE: 9/\ LS/ft^E # 57/7 SEAL Page 2 of2 EXHIBIT 'B' PROJECT LOCATION THIS PROJECT IS LOCA TED WITHIN ASSESSORS PARCEL NUMBERS 213-263-02, 03. 04 A 05 LEGAL DESCRIPTION: LOTS 34-37 OF MAP NO. 14960 LEGEND: PARCEL 'A'-PORTION OF STREET TO BE VACATED AREA = 10,088.64 SO. FT. (0.232 AC) PARCEL 'B'-PORTiON OF STREET TO.BE VACATED AREA = 1,105.53 SO. FT. (0.025 AC) PARCEL 'C'-PORTION OF STREET TO BE VACATED AREA m 1,105.5350. FT. (0.025 AC) PARCEL 'D-PORTION OF STREET TO BE VACATED AREA -. 10,052.61 SO. FT. (0.232 AC) 35' LANDSCAPE MAINTENANCE EASEMENT TO BE MAINTAINED BY PROPERTY OWNER'S ASSOdA TION A 25' LANDSCAPE MAINTENANCE EASEMENT TO BE VACATED P.O.B. = POINT OF BEGINNING (R) = INDICATES RADIAL BEARING VICINITY HAP NOT TO SCALE CURVE DATA: NO. C1 C2 C3 C4 C5 C6 C7 C8 DELTA 86'55'25" 18'43'4r 48'43'47" 60'00'OQ" 60'OQ'OO" 48'43'4r 18'43'46' 93'04'35' ARC 37.93' 29.42' 51.03' 62.83' 6283' 51.03' 29.42' 40.61' RADIUS 25.00' 90.00' 60.00' 60.00' 60.00' 60.00' 90.00' 25.00' OWNER/DEVELOPER: SPECTRUMFLEX, LLC 4350 EXECUTIVE DRIVE, SUITE 301 SAN DIEGO, CA 92121 858-558-5620 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE SOUTHERL Y PROPERTY LINE OF LOT 35 OF MAP 14960. /.£ N90W'00"W PARTNERS Planning and Engineering 15938 Bernardo Center Dr. San Diego, CA. 92127 Ph. (858) 376-3444 • Fax: (858) 376-3555 RUDY P. PACHECO, LS. NO. 5717 MY REGtSTRA TION EXPIRES 09/30/07 CITY OF CARLSBAD DATE:08-11-05 SCALE: 1" - 100' A.P.N.213-263-OZ 03, 04 A 05 STY 05-04 SWEET VACATION LOTS 34-37 OF MAP 14960 DRAM BY- PARTNERS ENG'G. STY 05-04 SHEET:1 OF 2 EXHIBIT 'B' "€PALOMAR AiRPORfRD * 1s$ 3te•~j ^Bg D=)5'32'44' D=06'45'02" L=, PARCEL F> LOT 35 BASS OF BEARINGS NWW'OO'W PARCELV LOTJ6 334.00' LANDSCAPE MAINTENANCE EASEMENT PER MAP 14960 PARCELV LOT 34 PARCEL'A' LOT 37 LANDSCAPE MAINTENANCE EASEMENT PER MAP 14960 *§ g $ KC>~^ §s> R/W * SEE SHEET I OF 2 FOR CURVE DATA TABLE PARTNERS Planning and Engineering 15938 Bernardo Center Dr. San Diego, CA. 92127 Ph. (858) 376-3444 _ Fax: (858) 376-3555 RUDY P. PACHECO, LS. NO.'5717 MY REGISTRATION EXPIRES 09/30/07 OF CARLSBAD DATE:08-11-05 SCALE: 1" » 100' APM213-263-02. 03, 04 A 05 STV 05-04 STREET VACATION LOTS 34-37 OF MAP 14960 DRAW BY: PARTNERS ENG'G. STV 05-04 SHEET:2 OF2 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. I, Sheila R. Cobian, Deputy 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 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. SUMARILY VACATING WHITNEY PLACE (STV 05- 04) 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 4™ day of August 2006. SHEILAR. COBIAN DEPUTY CITY CLERK (SEAL)