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HomeMy WebLinkAbout2008-08-05; City Council; 19535; Summarily Vacate a Portion Of Pine AveCITY OF CARLSBAD - AGENDA BILL 8 ^j^ AB# ! 9,535 MTG. 8/05/08 DEPT. ENG SUMMARILY VACATE A PORTION OF PINE AVENUE STV 08-01 Q*f /5£ DEPT. HEAD ^\3 CITY ATTY. <^g> CITY MGR. \jj to summarily vacate a portion of Pine Avenue, STV 08-01. RECOMMENDED ACTION: Adopt Resolution No. 2008-226 ITEM EXPLANATION: Thomas and Jennifer Vogel, owners of Lot 16, Block 41 of the Amended Map of The Town of - Carlsbad, Map No. 775, located at the southeasterly corner of Roosevelt Street and Pine Avenue, are requesting to vacate 10 feet of public right-of-way along the Pine Avenue frontage. California 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 portion of Pine Avenue that fronts the subject property has an 80-foot right-of-way width. Curb, gutter, and sidewalk improvements were constructed on Pine Avenue with a 40-foot roadway and a 20-foot parkway width. Pine Avenue is considered a local street. Current standard right of way width for a local street is 60 feet. Therefore, the existing 80-foot right-of-way includes 10 feet of excess on either side. 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 minor, and is consistent with previously-approved street vacations in the same general location. The utility companies have been notified of the proposed street vacation. No objections from the utility companies 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: The right-of-way was granted to the City for a no fee cost acquisition and the City will vacate the right- of-way for a no fee cost return to the property owner. Approval of the vacation will result in approximately 1,400 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.2008-226 to summarily vacate a portion of Pine Avenue, STV 08-01. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us FOR C/7T 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 NOT TO SCALE SITE VICINITY MAP PROJECT NAME PINE AVENUE STREET VACATION PROJECT NUMBER STV08-01 EXHIBIT 1 DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 7/9/08 G\DEVELOPMENT PROJECTS\STV\STVOB-01.DWG 1 RESOLUTION NO. 2008-226 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 19 20 21 22 23 OF PINE AVENUE, STV 08-01. 4 WHEREAS, Thomas and Jennifer Vogel, have submitted a request to vacate a portion of 5 Pine Avenue over a portion of Lot 16, Block 41 of the Amended Map of The Town of Carlsbad, in 6 the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, 7 8 WHEREAS, Pine Avenue is defined as a "street" per Section 8308 of the California CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A PORTION filed in the Office of the County Recorder of San Diego County, February 15, 1894; and WHEREAS, Pine Aven 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, this vacation is made pursuant to Section 8334(a) of the California Streets and Highways Code; and 10 11 12 13 ii WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and14 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 15 interest to vacate said easement. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 18 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 the sake of clarity in Exhibit B, shall be summarily vacated. 3. The City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 4. That upon recordation of this Resolution at the County Recorders, this easement24 no longer constitutes a public street. 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 5™ day of August, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Council Member Hall. UJDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk7 (SEAL) EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION (STV 08-01) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THAT PORTION OF PINE AVENUE AS SHOWN ON AMENDED MAP OF THE TOWN OF CARLSBAD, MAP NO. 775, SAID MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE SOUTHERLY 10.00 FEET OF PINE AVENUE ADJOINING LOT 16, BLOCK 41 OF SAID MAP NO. 775. CONTAINS 1,400 SQUARE FEET MORE OR LESS. CHRIS CIREMELE, LS 5267 SHEET 1 OF 2 VICINITY MAP INDICATES PORTION OF PINE AVENUE TO BE VACATED AREA = 1,400 SO. FT. PROPERTY BOUNDARY STREET VACATION BOUNDARY STREET CENTERLINE 40.00' EXISTING ROW PINE JO. 00' PROPOSED ROW 20.00' 1 STREET 5.50' 10.00' — I D=r L PINE STREET SECTION AND PROPOSED ROW PROPOSED VACATION VACATION PLAT CITY OF CARLSBAD APPLICANT: THOMAS E. AND JENNIFER J. VOGEL PREPARED BY: CHRIS D. CIREMELE DATE LS. NO. 5267 EXP. 12/31/09 PROJECT: 635 PINE AVENUE CARLSBAD, CA. 92008 APN 204-082-01 EXHIBIT B SHEET 2 OF 2 1 INCH = 40' FEET AREA OF PROPOSED VACATION BASIS OF BEARING: CENTERLINE OF PINE AVENUE BEARING N.55* 26' 56"E. VACATION PLAT CITY OF CARLSBAD APPLICANT: THOMAS E. AND JENNIFER J. VOGEL PREPARED BY: CHRIS D. CIREMELE ' DATE LS. NO. 5267 EXP. 12/31/09 PROJECT: 635 PINE AVENUE CARLSBAD, CA. 92008 204-082-01 EXHIBIT B