HomeMy WebLinkAbout2008-03-04; City Council; 19339; Summarily Vacate a Portion of Chestnut Avenue STV 07-07CITY OF CARLSBAD - AGENDA BILLvHP^ ^ y5j£>
AB# 19,339
MTG. 3/04/08
DEPT. ENG
SUMMARILY VACATE A PORTION OF
CHESTNUT AVENUE
(STV 07-07)
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DEPT. HEAD KPT"
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CITYATTY. f^Z*
CITY MGR. (JLT**^
RECOMMENDED ACTION:
Adopt Resolution No.
STV 07-07.
2008-059 to summarily vacate a portion of Chestnut Avenue,
ITEM EXPLANATION:
Mark E. Gardner and Marita Gardner, husband and wife, owners of the property located at
330 Chestnut Avenue, have requested to vacate 10 feet of public right-of-way along the property's
street frontage. The property is generally located along Chestnut Avenue, between Lincoln Street and
Washington Street. The APN number is 204-132-06.
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. Currently, Chestnut Avenue has an
80-foot wide rignt-of-way at this location. Chestnut Avenue is considered a local street. The standard
right-of-way width for a local street is 60 feet. Therefore, the 80-foot width is excessive. As proposed,
the street vacation will have no effect on the ultimate curb-to-curb width of the street.
Staff has concluded that the excess 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 street vacation is considered to be minor, and is consistent with previously-approved
street vacations in the same general location.
The utility companies have been notified of this street vacation request and no objections have been
received.
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:
Approval of this street vacation will result in approximately 550 square feet of land to be returned to
the tax rolls. 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. The rignt-of-way for Chestnut Avenue was dedicated to the City at no cost and the City will
vacate the right-of-way at no cost to the property owner. The owner has paid the standard fee for
processing this summary street vacation.
EXHIBITS:
1. Location Map.
2. Resolution No.
STV 07-07.
2008-059 to summarily vacate a portion of Chestnut Avenue,
DEPARTMENT CONTACT: Tecla Levy, (760) 602-2733, tlevv@.ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
LOCATION MAP
SITE
SITE
NOT TO SCALE
PROJECT NAME
STREET VACATION
PROJECT
NUMBER
STV07-07
EXHIBIT
1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 2/11/08 C: \DEVELOPUENT PROJECTS\STV\STV07-07.DWG
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RESOLUTION NO. 2008-059
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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OF CHESTNUT AVENUE. STV 07-07.
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WHEREAS, Mark E. Gardner and Marita Gardner, husband and wife, have submitted a
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request to vacate a portion of Chestnut Avenue over a portion of the Southwesterly half of the
6 following described parcel of land: All of Tract 221 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of
8 the County Recorder of San Diego County, December 9, 1915. Excepting from said Tract 221; the
CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION
Southwest 100 feet. Also excepting the Northeast 10 feet thereof; and
WHEREAS, Chestnut Avenue is defined as a "street" per Section 8308 of the California
Streets and Highways Code; and
WHEREAS, the portion of street to be vacated is excess right-of-way not required for
.« street or highway purposes; and
WHEREAS, the excess right-of-way provides no public street purpose and would not be14
useful as a non-motorized transportation facility; and
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WHEREAS, the vacation of this excess right-of-way will result in approximately
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550 square feet of land being returned to the tax rolls; and
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WHEREAS, this vacation is made pursuant to Section 8334(a) of the California Streets
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and Highways Code; and
19 WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and
20 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and
Highway Code, said excess right-of-way more particularly described in Exhibit A and shown for the26
sake of clarity in Exhibit B, shall be summarily vacated.
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1 3. The City Clerk is directed to record this resolution, the attached legal description
2 and plat in the Office of the County Recorder of San Diego County.
4. That upon recordation of this Resolution at the Office of the County Recorder,
this easement 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 4th day of March, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
TLAUDEW
ATTEST:
D, City Clerk
EXHIBIT "A"
CHESTNUT AVENUE
STREET VACATION
(srv
THAT PORTION OF CHESTNUT AVENUE IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:'
BEGINNING AT THE MOST SOUTHERLY POINT OF TRACT 221 OF THUM
LANDS, ACCORDING TO SAID MAP NO. 1681, SAID POINT BEING A
POINT ON THE NORTHWESTERLY LINE OF SAID CHESTNUT AVENUE;
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55°27'00" EAST,
100.00 FEET TO THE MOST SOUTHERLY POINT OF LAND DESCRIBED
IN DEED TO MARK E. GARDNER AND MARITA GARDNER, IN DOCUMENT
RECORDED SEPTEMBER 14, 2006 AS FILE NO. 2006-0656368, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF CHESTNUT
AVENUE NORTH 55°27'00" EAST, 55.00 FEET MORE OR LESS TO THE
MOST EASTERLY CORNER OF SAID GARDNER LAND; THENCE LEAVING
SAID NORTHWESTERLY LINE OF CHESTNUT AVENUE SOUTH 34°33'00"
EAST, 10.00 FEET; THENCE SOUTH 55°27'00" WEST, -55.00 FEET
MORE OR LESS TO A POINT THAT IS SOUTH 34°33'00" EAST, 10.00
FEET FROM SAID TRUE POINT OF BEGINNING.
AREA = 550 SQUARE FEET MORE OR LESS
LEGEND:
STREET VACATION
AREA= 550 SF
PROPERTY LINE
— LOT LINE
v NO, 224
THtiM
TXACT
NO, 220
1681
TRACT NO, 225
PORTION OF CHESTNUT AVENUE IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1681, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 9, 1915.
an OF
SITE
NOT T0\\
SCALE
\
PACIFIC
OCEAN
an OF
SAN IMKCOS
VICINITY MAP
BASIS OF BEARINGS:
THE BASIS OF BEARING FOR THIS PLAT IS
THE NORTHWESTERLY LINE OF CHESTNUT AVENUE
AS SHOWN ON MAP 1681, I.E. N55m27'00'E
NO SCALE
C 0 N S U
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
EXHIBIT 'B'SHT. 1
SJV 07-07
OF 2 SHTS.
CITY OF CARLSBAD: STREET VACATION
REQUESTED BY:
GARDNER CONSTRUCTON &
DEVELOPMENT
490 ALABAMA ST. SUITE 101
REOLANDS, CA 92373
PREPARED BY:
PATRI
R.C.E. 272T4 EXP. 3/31/09'
A.P.N. 204-132-06
DATE 10-09-07
G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10: 41 am
Xrefs: 0712MAP
EASEMENT DATA TABLE
DELTA/BEARING
N 55'2700 E
S 34'3300" E
S 55'2700 WGARDNER LAND
\ APN 204-132-06
\
N J4'J3W W
CONSULT
2710 Loker Avenue West
Suite 100
Carlsbad, California 92010
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
40
SCALE: 1" = 40'
STV 07-07
SHT. 2 OF 2 SHTS.EXHIBIT 'B
CITY OF CARLSBAD: STREET VACATION
PREPARED BY:
PATRIOT
REQUESTED BY:
GARDNER CONSTRUCTON &
DEVELOPMENT
490 ALABAMA ST. SUITE 101
REDLANDS, CA 92373
A.P.N. 204-132-06
DATE 10-09-07R.C.E. 27214 EXP. 3/31/09
G:\071212\0712p-STREETvaca.dwg Jan 11, 2008 10:41am
Xrefs: 0712MAP
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. 2008-059. SUMMARILY VACATING A PORTION OF
CHESTNUT AVENUE. STV 07-07. 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 5th day of
March, 2008.
SHERR/FREISINGER
f&PUT^
(SEAL)
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