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Home My WebLink About2007-07-17; City Council; 19085; Slater Pl vacationCITY OF CARLSBAD - AGENDA BILL AB# 19,085 MTG. 7/17/07 DEPT. ENG RESOLUTION OF INTENT TO VACATE SLATER PLACE AND A PORTION OF A GENERAL UTILITY AND ACCESS EASEMENT STV 06-04 (PIP 06-10) DEPT. HEAD" -^ CITY ATTY. Jrjj CITY MGR. fc 73 H , RECOMMENDED ACTION: Adopt Resolution No. 2007-181 declaring the intention to vacate Slater Place and a portion of associated General Utility and Access Easement, and setting a public hearing for August 7, 2007. ITEM EXPLANATION: Bressi Ocean Collection, LLC, a California Limited Liability Company, owners of property described as Lots 19-22 of Carlsbad Tract No. 02-15, Bressi Ranch, according to Map Thereof No. 14960, recorded on February 4, 2005 also according to Planned Industrial Permit 06-10, have filed an application to vacate Slater Place and the associated General Utility and Access Easement. On December 6, 2006, the City Planning Department approved PIP 06-10 with conditions. The design and conditions of approval reflect the vacation of Slater Place and a portion of the General Utility and Access Easement that served the original four lots proposed to be developed. The street vacation and vacation of easement is necessary to develop the property as contemplated on the Planned Industrial Permit. The public street to be vacated will be replaced with a private driveway and parking bays to serve the approved project. Slater Place is aligned in the center of the project and only serves this development. The portion of General Access and Utility Easement served as a connection to Slater Place and is no longer needed. In conformance with the approved Planned Industrial Permit, the developer is currently processing an adjustment plat, grading and improvement plans, and building permits for the subject property. The grading and improvement plans for the proposed development will be complete and secured prior to recording a resolution to vacate Slater Place. The adjustment plat and final documents required to develop this project will be approved after the street vacation approval by the City Council. Utility companies and pertinent City departments have been notified of the proposed vacation. No objections have been received. ENVIRONMENTAL IMPACT: The street vacation and the vacation of general utility and access easement remains within the scope and design of prior environmental documents including the previously certified Bressi Ranch Master Plan Environmental Impact Report EIR 98-04 approved by the City Council on July 9,2002, FISCAL IMPACT: Approval of this vacation will result in 0.795 acres of land to be returned to the tax rolls. EXHIBITS: 1. Location Map. 2. Resolution No. 2007-181 declaring the intention to vacate Slater Place and associated General Utility and Access Easement and setting a public hearing for August 7, 2007. 3. Legal Descriptions and Plat. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D 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 SLATER PLACE PROJECT NUMBER STV06-04 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 6\05\07 C: \DEVB.OPMENT PROJECJS\STV\STVOB-04.DWG 1 RESOLUTION NO. 2007-181 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3" 4 5 6 7 8 application to vacate a portion of Slater Place and a portion of a General Utility and Access9 Easement; and 10 WHEREAS, on December 6, 2006, the City Planning Department approved Planned 11 Industrial Permit 06-10 with conditions. The design and conditions of approval reflect the vacation 12 of Slater Place and a portion of a General Utility and Access Easement that served Lots 19-22 13 proposed to be developed; and 14 15 16 17 25 26 27 28 CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE SLATER PLACE AND A PORTION OF A GENERAL UTILITY AND ACCESS EASEMENT AND SETTING A PUBLIC HEARING. WHEREAS, Bressi Ocean Collection, LLC, a California Limited Liability Company, the owners of property described as Lots 19-22 of Carlsbad Tract No. 02-15, Bressi Ranch, according to Map Thereof No. 14960, filed in the Office of the County Recorder of San Diego County on February 4, 2005, also shown on Planned Industrial Permit 06-10, has filed an WHEREAS, the Planned Industrial Permit 06-10 contemplated the vacation of Slater Place and the portion of a General Utility and Access Easement; and WHEREAS, the City Engineer has determined that Slater Place and a portion of a General Utility and Access Easement is not needed for present or future street or utility purposes; 18 and WHEREAS, all necessary improvements will be secured prior to recordation of a19 resolution of vacation; and20 WHEREAS, this street vacation is conditioned upon the applicant merging Lots 19-22 of 21 Carlsbad Tract No. 02-15, Bressi Ranch, according to Map Thereof No. 14960 filed in the Office of 22 the County Recorder of San Diego County on February 4, 2005; and 23 WHEREAS, this street vacation is conditioned upon the applicant agreeing to install and post the appropriate securities for a private driveway and utilities to replace said vacated portion of Slater Place, all to the satisfaction of the City Engineer; and WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City of Carlsbad. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 1. That the above recitations are true and correct. 2. It is Council's said intention to vacate, for public street purposes, Slater Place as described in Exhibit "A" and shown for the sake of clarity on Exhibit "B". o 3. It is also the Council's said intention to vacate a portion of the General Utility and 6 Access Easement as described in Exhibit "A" and shown for the sake of clarity on Exhibit "B". 4. It also shall be Council's said intention to conduct the proceedings for this street Q vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 9 5. A public hearing shall be held at the City Council Chambers at 1200 Carlsbad 10 Village Drive, Carlsbad, California, at 6:00 p.m., on August 7, 2007 for all persons interested in or 11 objecting to said proposed vacation. 12 6. The City Clerk is instructed to publish this resolution of intention in the local 13 newspaper and the City Engineer is instructed to post such notices along the site in accordance .. with the California Streets and Highways Code. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 17th day of July, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: ORRAl^E M. WOOD, City Clerk (SEAL) EXHIBIT "A" LEGAL DESCRIPTION FOR STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION STV 06-04 PARCEL 1: SLATER PLACE GRANTED PER CARLSBAD TRACT 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF INNOVATION WAY, 72.00 FEET IN WIDTH AND SLATER PLACE, 72.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14960; THENCE WEST ALONG THE CENTERLINE OF SAID SLATER PLACE, WEST 36.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID INNOVATION WAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 00°16'45" WEST 61.12 FEET TO A POINT OF CUSP WITH A CURVE BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, 39.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°16'45"; THENCE TANGENT FROM SAID CURVE, WEST 148.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE WESTERLY, 29.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°43'47"; THENCE TANGENT FROM CURVE SOUTH 71°16'13" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 60.00 FEET; THENCE NORTHWESTERLY AND NORTHEASTERLY, 227.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 217°27'34"; THENCE TANGENT FROM SAID CURVE SOUTH 71°16'13" EAST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE EASTERLY, 29.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°43'47"; THENCE TANGENT FROM SAID CURVE, EAST 149.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY, 39.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°43'15" TO THE WESTERLY RIGHT-OF-WAY OF SAID INNOVATION WAY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF- WAY, SOUTH 00°16'45" WEST 60.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.631 ACRE, MORE OR LESS Page 1 of 2 PARCEL 2: BEING A PORTION OF LOT 19 OF CARLSBAD TRACT CT 02-15 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 14960 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 19; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 19, EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID LOT 19, EAST 235.40 FEET TO THE INTERSECTION WITH A NON- TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO SAID CURVE BEARS WEST; THENCE SOUTHERLY, 31.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°00'00"; THENCE DEPARTING SAID CURVE, AND 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 19, WEST 242.96 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF A 30.00 WIDE EASEMENT FOR GENERAL UTILITY AND ACCESS GRANTED ON SAID MAP NO. 14960; THENCE NORTH 00°54'50" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.164 ACRE, MORE OR LESS RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09-30-08) Page 2 of 2 7 LEGEND: P.O.C. T.P.O.B. EXHIBIT "B* EXISTING LOT LINES AREA OF STREET RIGHT-OF-WAY BEING VACATED (0.631 ACRE) AREA OF GENERAL UTILITY AND ACCESS EASEMENT BEING VACATED (0.164 ACRE) INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING VICINITY MAP NO SCALE RESTRICTED SIGHT CORRIDOR EASEMENT AS SHOWN ON MAP NO. 14960 LANDSCAPE MAINTENANCE EASEMENT TO BE MAINTAINED BY THE FUTURE PROPERTY OWNER'S ASSOCIATION AS SHOWN ON MAP NO. 14960 FUTURE PRIVATE DRAINAGE EASEMENT SHOWN ON MAP NO. 14960 GENERAL UTILITY AND ACCESS EASEMENT GRANTED ON MAP NO. 14960 EASEMENT IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY PER DOCUMENT RECORDED APRIL 11, 2005 AS DOC.#2005-0294004 EASEMENT IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY PER DOCUMENT RECORDED APRIL 11, 2005 AS DOC. f2005-0294021 ENGINEER OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 (619) 235-6471 RONALD E. ROTH LS. 5506 MY LICENSE EXPIRES 9-30-08 STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION PLAT-CITY OF CARLSBAD SHEET 1 OF 2 APPLICANT: RANCHO PACIFIC PROPERTIES, INC.PIP 06-10 1280 BISON AVE., B9-609 NEWPORT BEACH. CA 92660 STV 06-04 P:\3370\MAPPING\PLATS\3370 STR VAC.dwg Jun 05, 2007 LOT 22o EXHIBIT *B' 100 GRAPHIC SCALE 0 50 100 200 CARLSBAD CT 02 TDrt ( IN FEET ) 1 inch = 100 ft PORTION OF PRIVATE LANDSCAPE MAINTENANCE EASEMENT IN FAVOR OF THE FUTURE PROPERTY OWNERS ASSOCIATION AS SHOWN ON MAP NO. 14960 TO BE VACATED BY SEPARATE DOCUMENT. MAP NO, 14960 OT 22 R0.CL PARCEL O CC cu<: LINE TABLE NO. LI 12 L3 L4 L5 L6 17 IB BEARING N0016'45"E EAST N7116'13"E N7116'13"W EAST N0016'45"E N0016'45"E NOO"54'50"W LENGTH 122.00' 148.46' 50.00' 50.00' 149.06' 61.12' 60.88' 30.00' \N60W'00"E (R)' CURVE TABLE NO. C1 C2 CJ C4 C5 C6 DELTA 9016'45" 18'43'47" 217-2T34 18'43'47" 89'43'15" 30WOO" RADIUS 25.00' 90.00' ' 60.00 90.00' 25.00' 60.00' LENGTH 39.39' 29.42' 227.72' 29.42' 39.15' 31.42' GATEWAY ROAD ,OT 20 STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION PLAT-CITY OF CARLSBAD SHEET 2 OF 2 APPLICANT: RANCHO PACIFIC PROPERTIES, INC.PIP 06-10 1280 BISON AVE.. B9-609 NEWPORT BEACH. CA 92660 STV 06-04 P:\3370\UAPPING\PLATS\3370 STR VAC.dwg •liin 05. ?M)7