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HomeMy WebLinkAbout2007-08-07; City Council; 19126; Slater Place street vacation14 CITY OF CARLSBAD - AGENDA BILL AB# 19,126 MTG. 8/07/07 DEPT. ENG RESOLUTION TO VACATE SLATER PLACE AND A PORTION OF A GENERAL UTILITY AND ACCESS EASEMENT STV 06-04 (PIP 06-10) &^- /*PDEPT. HE"AD y^Tcf CITY ATTY. ^f/ CITY MGR.S^3^ RECOMMENDED ACTION: Adopt Resolution No. 2007-211 to vacate Slater Place and a portion of associated General Utility and Access Easement. 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, 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 July 17, 2007, City Council adopted Resolution No. 2007-181 declaring the intention to vacate Slater Place and a portion of General Utility and Access Easement. This public hearing is set forth to hear all persons interested in or objecting to the proposed vacation. 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 public street 19 be vacated will be replaced with a private driveway and parking bays to serve the approved project. 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 has completed processing an adjustment plat, grading and improvement plans for the subject property. 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. 2. 3. Location Map. Resolution No. 2007-211 to vacate Slater Place and a portion of associated General Utility and Access Easement. 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 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 SLATER PLACE PROJECT NUMBER STV06-04 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 6\05\07 C:\DEVELOPUENT PROJECTS\STV\STV06-04.DVIG 1 RESOLUTION NO. 2007-211 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO VACATE SLATER PLACE AND A PORTION OF ASSOCIATED GENERAL UTILITY AND 4 ACCESS EASEMENT. 5 WHEREAS, Bressi Ocean Collection, LLC, a California Limited Liability Company, 6 the owners of property described as Lots 19-22 of Carlsbad Tract No. 02-15, Bressi Ranch, also 7 shown on Planned Industrial Permit 06-10, has filed an application to vacate a portion of g Slater Place and a portion of a General Utility and Access Easement; and WHEREAS, on December 6, 2006, the City Planning Department approved Plannedy Industrial Permit 06-10 with conditions. The design and conditions of approval reflect the vacation 10 of Slater Place and a portion of a General Utility and Access Easement that served Lots 19-22 11 proposed to be developed; and 12 WHEREAS, the Planned Industrial Permit 06-10 contemplated the vacation of 13 Slater Place and the portion of a General Utility and Access Easement; and 14 WHEREAS, the street vacation is conditioned upon the applicant merging Lots 19-22 of 15 Carlsbad Tract No. 02-15, Bressi Ranch, according to Map Thereof No. 14960 filed in the Office of 16 the County Recorder of San Diego County on February 4, 2005; and 17 WHEREAS, the street vacation is conditioned upon the applicant agreeing to install and 1 g 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; andi y WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City of Carlsbad; and 21 WHEREAS, all publication and posting of notices regarding the proposed vacation of 22 Slater Place and a portion of a General Utility and Access Easement have been made pursuant to 23 Division 9, Part 3, of the California Streets and Highways Code; and 24 WHEREAS, the City Council did hear evidence offered by all persons interested in said 25 vacation and does find from all the evidence submitted that Slater Place and a portion of a 26 General Utility and Access Easement is unnecessary for present or future street or utility 27 purposes. 28 /7/ 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, of the California Streets and Highways Code, Slater Place and a portion of the General Utility and Access Easement as described in Exhibit "A" o and shown for the sake of clarity on Exhibit "B" is hereby vacated, closed up, and abandoned for 6 public street and utility purposes. 3. That the City Clerk is directed to record this resolution, the attached legal Q descriptions and plat in the office of the County Recorder of San Diego County. ^ 4. From the date the resolution is recorded in the County Recorders Office, the area 10 being vacated no longer constitutes a public street or general utility and access easement. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '•i 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 7th day of August, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. >, Mayor ATTEST: E M. WO($),'City Clerk 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) DATE: Page 2 of 2 LEGEND: P.O.C. T.P.O.B. EXHIBIT "B1 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 N " EL FUERTE I STREET-. | ®*D / J INNOVATION--*- WAY • COSM \ aaM^^ | VICINITY MAP (0) 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 9-50-08 STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION PLAT-CITY OF CARLSBAD SWEET; OF2 APPLICANT: RANCHO PACIFIC PROPERTIES. INC.PIP 06-10 1280 BISON AVE.. B9-609 NEWPORT BEACH. CA 92660 SJV 06-04 P:\3370\UAPPING\PLATS\3370 STR VAC.dwg Jun 05, 2007 *»!-»*»EXHIBIT B ,OT 23 100 GRAPHIC SCALE 0 50 100 200 CARLSBAD TRACT CT 02-15 ( IN FEET ) 1 inch - 100 ft CO ^© o CC" cu<; MAP NO, 14980 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.LOT 22 P.O.C. PARCEL 2 LINE TABLE NO. LI 12 L3 L4 L5 L6 17 L8 BEARING N0016'45"E EAST N7n6'13"E N7116'13"W EAST N0016'45"E N0016'45"E NOO-54'SO'W LENGTH 122.00' 148.46' 50.00' 50.00' 149.06' 61.12' 60.88' 20.00' CURVE TABLE NO. C1 C2 C3 C4 C5 C6 DELTA 90W45" 18'43'47" 217'27'34 18'43'47" 89'43'15" JOW'OO" 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 36' I 36' STREET AND GENERAL UTILITY AND ACCESS EASEMENT VACATION PLAT-CITY OF CARLSBAD SHEET20T2 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 .lim 0.5. W07 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Sherry Freisinger, Deputy 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. 2007-211. VACATING SLATER PLACE AND A PORTION OF ASSOCIATED GENERAL UTILITY AND ACCESS EASEMENT 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 8th day of August, 2007. SHERRY^REISINGER\ /DEPUTYCLERK ^ (SEAL) PROOF OF PUBLICATION (2010& 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is for the County Clerk's Filing Stamp 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 Time Proof of Publication of T4E5ODJT1ON NO. JJuOMtTTtmw$mjffffl& AEPUf3LIC"HEARlNG. in Collection, LLC, a California Limited Liability Company, the owners ofd Tract No, U2-1.5, Bressi Ranch, according to Map Thereof No 14960,1 as the Blade-Citizen WHEREAS, Bressi C'M£dS%£££^filedPa"aSpfcSfoS to vactte^%rtion SPsSer Place^andToortion of a General Utility and Access Easement; and, WHEREAS on December 6 2006, the City Plannina Department approved Planned Indu.stnal Permit,06-JO witt and conditions, the design and conditions ofUtility and Access Easement that served I nnH \A>hir-h n»\A/cr~ir~it-iorc WHEREAS, the Planned Industrial Perm*• *• t ^ newspapers ^-g^^g^*^..^^ that Sla,er Place and rtion of a General utility and Access adjudicated newspapers of ge ^menus M^^^ 0215 circulation by the Superior Court of the Covr%gfflg£*&%^ Formerly known Times-Advocate been San Diego, State of California, for the Ci' Oceanside and the City of Escondido, .on February"4~2Q05\ andAS^ triis — „. .„ ,, ,„ ^.,7 „, ,—,^^, ,^,,^,^, - WHEREAS the proposed vacation is Decree number 171349, for the County ofGeneralplanofrheCityofCarlsbad ' ki«-tt«i -ri ii-nr-|-/~vnt Drr IT DCC/"\! \ WHEREAS; this street vacation is conditioned upon the applicant agreainatcrities for a private driveway and utilities to replace said vacated portion orSh wKEEREASetrhe proposed vacation is in accordance with the Growth Management Policies and is consistent with the lncTsVaid Mention to^acate" for public street purposes, Slater Place as described in Exhibit "A" the sake of.clanty on ExhibirB'^ ________ u ___ ( ^ n ---- n ....... h_ anrt A/V^,M Cacoment as described ,...,. ,,uvV THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:Diego, that the notice of which the annexec^at^above^ ___„ „ „—,^ •„ ^^ - printed copy (set in type not smaller *m"i«*!p'#»«&®tj>!i nonpariel), has been published in each re< and entire issue of said newspaper and not ir It supplement thereof on the following dates, to and Streets and ihall be Council's said intention to conouci me |d Highways Code, Division 9 Part 3, Chapterhearing shall be held at the City Council Chamti on August 7, 2007 for all persons interested 11i Clerk is instructed to publish this resolution of i under the California ) Drive, Carlsbad, California,ed vacation. ' Juiy'NOES:ABSENT: None None July 27th, 2007 ,U5Just 7, 2007 for all persons interested in or objectingis instructed to publish this resolution of intention intl.- —_...—j—i—-, n.—.--- V/-.GI,,-st such notices along, the site in accordance with the California Streefs and Highways Code.- --~- " - - ADOPTED at a.Regular Meeting of the City Council of the City ofCarlsbad on the 17th 'STs^JlcMn,' Hall, Packard and Nygaard. /s/CLAUDE A, LEWIS. Mayor : !& WQOJL City CJerk I certify (or declare) under penalty of perjury the foregoing is true and correct. Dated at SAN MARCOS California This 2Th, day of July, 2007 WIWS A PCOtlWW W LOT » W CAULS** TIMCT CT «-« « T"*£t"awiSBU) cowrv of SMI B TO»QM*f> TMEKOF NO l«4«0 BKRiCO"M« Of 5»i 0*00 C COWKNCWB AT »XK »wm*«T CORNER OF SW) LOT !». TEASTERLY M.OKO TH£ WBtMBttV UME OF SAJD LOT ». EWT IBMTKUI >> Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NCT 2074588 • 07/27/2007 STV 06-04 Vacation of Slater Place and a portion of a General Utility and Access Easement Existing Street Proposed Street Street Vacation Findingso The project is consistent with the General Plan and Growth Management Plan.o The area to be vacated would not be useful as a non-motorized transportation facility.o The project is within the scope of approved environmental documents. o Required notices for this public hearing have been posted.o There has been no public opposition Conclusion• Staff recommends that the City Council adopt Resolution 2007-211 to Vacate Slater Place and a portion of a General Utility and Access Easement, STV 06-04. City of Carlsbad Public Works POSTING OF NOTICES OF STREET VACATION TO VACATE A PORTION OF :3USJ£^ »E4L^ FILE I posted the required Notices in the manner required, along ti&xCT feand not more than 300 feet apart on 7/1 "t '(DATE) I certify under penalty of perjury that the foregoing is true and correct. V/Q ^7 notices) Signature & Title l3ate Signed NOTE: This certification must be filed with the City Clerk. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 602-8562