HomeMy WebLinkAbout2008-02-12; City Council; 19312; Street Vacation: Portions of Madison and OakCITY OF CARLSBAD - AGENDA BILL
AB# 19i312
MTG. 02/12/08
DEPT. ENG
SUMMARILY VACATE A PORTION OF
MADISON STREET AND OAK AVENUE (STV 06-07)
DEPT. HEAlf'^-y 3~
CITYATTY. <$g^
CITY MGR. \JJ^
RECOMMENDED ACTION:
Adopt Resolution No. 2008-038
Oak Avenue, (STV 06-07).
ITEM EXPLANATION:
to summarily vacate a portion of Madison Street and
Russell Lee Bennett, owner of 6 consecutive lots (Lots 11 through 16 of the Town of Carlsbad,
Map No. 775) at the southeasterly corner of Oak Avenue and Madison Street, is requesting to vacate
5 feet of public right-of-way along each property's street frontage.
Streets and Highways Code Section 8334(a) authorizes the summary vacation of excess right-of-way
of a street or highway not required for street or highway purposes. The portions of Madison Street
and Oak Avenue that front the subject property have 80-foot right-of-way widths. Curb, gutter, and
sidewalk improvements were constructed on Madison Street and Oak Avenue in 1966 with a 10.5-fpot
parkway width. Today's City streets are built with 4.5-foot wide parkways. The owner is requesting
City vacation of 5 feet of the existing 10.5-foot parkway. The proposed vacation is comparable to a 5-
foot vacation approved in 1986 (City Council Resolution No. 8709) on a neighboring property to the
east (3111 Jefferson Street). Since the vacation would leave 5.5 feet of parkway for City use, one
foot more than today's standard, staff supports the proposed vacation.
The utility companies have been notified of the proposed street vacation. No objections from the utility
companies have been received. However, AT&T Company and San Diego Gas and Electric,
A Sempra Energy Utility Company, have requested that a public utility easement be reserved for
existing facilities. An easement reservation is included in the project resolution.
ENVIRONMENTAL IMPACT:
The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA
Section 15061(b)3 as it can be seen with certainty that approving the street vacation will not have a
significant effect on the environment in that the vacation will not physically alter the site.
FISCAL IMPACT:
The easements were granted to the City for a no fee cost acquisition and the City will vacate the
easement for a no fee cost return to the property owner. Approval of the vacation will result in
approximately 1,425 square feet of land to be returned to the tax rolls. The owner has paid the
standard fee for processing this vacation.
EXHIBITS:
1. Location Map
2. Resolution No. 2008-038 to summarily vacate a portion of Madison Street and
Oak Avenue, (STV 06-07).
DEPARTMENT CONTACT: David Rick, (760) 602-2781. drick@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
£
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
D
D
D
D
LOCATION MAP
NOT TO SCALE
SITE
SITE.
PROJECT NAME
PUBLIC STREET VACATION
PROJECT
NUMBER
S7V06- 07
EXHIBIT
1
DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 01/07/08 C: \DEVELOPMENT PROJECTS\STV\STV06-007.DWG
1
RESOLUTION NO. 2008-038
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
OF MADISON STREET AND OAK AVENUE. STV 06-07.
4
WHEREAS, Russell Lee Bennett, a single man, has submitted a request to vacate a
5
portion of Madison Street and Oak Avenue over a portion of lots 11 through 16, Block 47 of the
6 Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15,
8 1894; and
9 WHEREAS, Madison Street and Oak Avenue are defined as a "street" per Section 8308
10 of the California Streets and Highways Code; and
11 WHEREAS, the portion of street to be vacated is excess right-of-way not required for
12 street or highway purposes; and
13 WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets
and Highways Code; and14
WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
15
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
16
interest to vacate said easement.
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
18 California, as follows:
19 1. That the above recitations are true and correct.
20 2. Easements and rights necessary to maintain, operate, replace, remove or renew
21 in-place public utility facilities are reserved and excepted from the vacation.
22 3. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
2-3 Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the
sake of clarity in Exhibit B, shall be summarily vacated.24
4. The City Clerk is directed to record this resolution, the attached legal description
25
and plat in the Office of the County Recorder of San Diego County.
26 5. That upon recordation of this Resolution at the County Recorders, this easement
27 no longer constitutes a public street.
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 12th day of February, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Hall.
LEWI^May^r
ATTEST:
£ M. WQ0D, City Clerk
EXHIBIT A
Public Street Vacation
STV06- 07
Parcel 1: Oak Avenue
That portion of Oak Avenue in Block 47 of THE AMENDED MAP OF THE TOWN OF
CARLSBAD, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 775, filed in the office of the County Recorder of San
Diego County, February 15, 1894, described as follows:
BEGINNING at the most northerly corner of Lot 16 of said Map; thence South 55°27'
West 140.00 feet along the northerly boundary of Lot 16 to the most westerly corner of
Lot 16; thence North 10°27' East 7.07 feet to a line parallel with and 5.00 feet northerly
measured at right angles from said northerly boundary; thence along said parallel line
North 55"27' East 135.00 feet to the northerly extension of the easterly line of Lot 16;
thence along said extension South 34°33' East 5.00 feet to the POINT OF
BEGINNING.
Easements and rights necessary to maintain, operate, replace, remove, or renew in
place public utility facilities are reserved and excepted from the vacation.
Parcel 2: Madison Street
That portion of Madison Street (formerly Third Street) in Block 47 of THE AMENDED
MAP OF THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 775, filed in the office of the County
Recorder of San Diego County, February 15, 1894, described as follows:
BEGINNING at the most Southerly corner of Lot 11 of said Map; thence North 34°33'
West 150.00 feet along the westerly boundaries of Lots 11, 12, 13, 14, 15, and 16 to
the most westerly corner of Lot 16; thence South 10°27' West 7.07 feet to a line parallel
with and 5.00 feet westerly measured at right angles from said westerly boundary;
thence along said parallel line South 34°33' East 145.00 feet to the westerly extension
of the southerly line of Lot 11; thence along said extension North 55°27' East 5.00 feet
to the POINT OF BEGINNING.
Easements and rights necessary to maintain, operate, replace, remove, or renew in
place public utility facilities are reserved and excepted from the vacation.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
As more particularly shown on Exhibit "B"
attached hereto and by this reference
made a part hereof.
Signature:
Dan Hooper, LS 7249
License Expires 12/31/08
Date: January 28, 2008
EXHIBIT B
(STV 06- 07)
PUBLIC STREET VACATION
0 20 40
SCALE: 1 "=40'
VICINITY MAP
NO SCALE
CITY OF CARLSBAD
Portion of street to be
vacated and reserved for
public utility facilities
FOB Point of Beginning
Parcel 1
Parcel 2
687.5 s.f.
737.5 s.f.Location: Madison Sfreef & Oak Avenue, Cor/sbod
Owner Russe// Bennett
Type of Survey: Public Street Vacation
APN: 204-031-01, 02, 03 A 04
Conway & Associates,
2525 Pio Pico Drive • Suite 102 • Carlsbad, CA 92008