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WITHDRAWN D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
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RESOLUTION NO. 2006-257
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SUMMARILY VACATING WHITNEY PLACE
(STV 05-04).
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WHEREAS, a request has been made to vacate Whitney Place; and
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WHEREAS, Whitney Place presently has excess right-of-way; and
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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
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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.
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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)