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Home My WebLink About2010-02-16; City Council; 20117; Intent to Vacate portion of El Camino RealCITY OF CARLSBAD - AGENDA BILL^§ji&/ AB# 2Q117 MTG. 02/16/10 DEPT. CED RESOLUTION OF INTENT TO VACATE A PORTION OF EL CAMINO REAL BETWEEN CRESTVIEW DRIVE AND LISA STREET STV 07-05 DEPT. DIRECTOR ffit>^)k CITY ATTORNEY ~~~/&^ CITY MANAGER (jUL^ RECOMMENDED ACTION: Adopt Resolution No. 2010-023 declaring the intention to vacate a portion of El Camino Real between Crestview Drive and Lisa Street and setting a public hearing for March 9, 2010. ITEM EXPLANATION: Khaled Chehade, Trustee of the Khaled Chehade Family Trust dated October 1, 1986 and the Khaled Chehade Family Trust, are the owners of a 1.13 acre subdivision (MS 05-10) on Eucalyptus Lane and the westerly adjacent property at 4984 Eucalyptus Lane. He has filed an application to vacate a portion of El Camino Real which abuts these two properties. On July 16, 2007, the City Engineer approved MS 05-10 to subdivide a vacant residentially zoned property into three single family parcels. The property fronts Eucalyptus Lane and abuts El Camino Real along the rear property line. Condition No. 20 of MS 05-10 requires that the property owner vacate the excess public right-of-way shown on the tentative parcel map. The proposed vacated El Camino Real right-of-way shown on the map varies in width from approximately one foot to thirty feet and extends the full width of both properties owned by Mr. Chehade. The portion of right-of-way to be vacated exceeds the standard 126 foot right-of-way required for a prime arterial roadway. Utility companies and pertinent City departments have been notified of the proposed vacation. SDG&E has requested that the City reserve a utility easement for their in-place facilities. A reservation is included in the attached resolution. The attached resolution establishes the City Council's intent to vacate the street right-of-way and sets a City Council public hearing date. A second resolution will be presented for the City Council's action at said hearing. Prior to the hearing, a notice will be published in the local newspaper. Also, three notification signs will be posted in the area to be vacated as required per California Streets and Highway Code Section 8323. FISCAL IMPACT: The easement was granted to the City for a no fee cost acquisition and the City will vacate portions of the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing this vacation. Approval of this vacation will result in 0.074 acres of land to be returned to the tax rolls. DEPARTMENT CONTACT: David Rick 760-602-2781 david.rick@carlsbadca.gov 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 aaaa Page 2 ENVIRONMENTAL IMPACT: The Planning Commission adopted a mitigated negative declaration (MND) for the approved subdivision in 2006. The proposed vacation was an anticipated part of the approved project. None of the conditions described in California Environmental Quality Act Guidelines Sections 15162 to 15164 that require new environmental analysis based on changed circumstances or project revisions have occurred. Therefore, the MND's analysis and mitigation remain valid for the requested action. EXHIBITS: 1. Location Map 2. Resolution No. 2010-023 declaring the intent to vacate a portion of El Camino Real between Crestview Drive and Lisa Street setting a public hearing for March 9, 2010. 3. Legal Description and Plat LOCATION MAP NOT TO SCALE CITY OF OCEANSIDE HIGHWAY SITE PACIFIC OCEAN VICINITY MAP NOT TO SCALE PROJECT NAME STREET VACATION FOR KHALED CHEHADE FAMILY TRUST PROJECT NUMBER STV07-05 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 1/19/10 C:\DEVELOPUENT PRO,JECTS\SJV\STV07-05.DWG 1 RESOLUTION NO. 2010-023 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE A PORTION OF EL CAMINO REAL LOCATED BETWEEN CRESTVIEW DRIVE AND LISA STREET AND 3 4 SETTING A PUBLIC HEARING. 5 WHEREAS, Khaled Chehade Family Trust and Khaled Chehade Family Trust dated 6 October 1, 1986, owners of property described as Parcel "A" and Parcel "B", respectively, of City of Carlsbad Certificate of Compliance for Adjustment Plat 03-17, Recorded January 21, 2005, in the Office of the Recorder of said San Diego County, as Document No. 2005-0054769 of Official Records, has filed an application to vacate a portion of El Camino Real; and WHEREAS, the City Engineer on July 16, 2007 approved Minor Subdivision 05-10 for the Eucalyptus Minor Subdivision; and WHEREAS, the tentative parcel map for MS 05-10 contemplated the vacation of a portion of El Camino Real; and WHEREAS, the City Engineer has determined that this portion of El Camino Real is not needed for present or future street purposes; and WHEREAS, the proposed vacation is in accordance with the Growth Management Policies and is consistent with the General Plan of the City. 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. It is Council's intention that easements and rights necessary to maintain, operate, replace, remove or renew in-place public utility facilities will be reserved and excepted from the vacation. 3. It is Council's said intention to vacate, for public street purposes, a portion of El Camino Real described in Exhibit "A-1" and "A-2" and shown for the sake of clarity on Exhibit "B- 1"and"B-2". y 1 4. It also shall be Council's said intention to conduct the proceedings for this street 2 vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 3 5. A public hearing shall be held at the City Council Chambers at 1200 Carlsbad 4 Village Drive, Carlsbad, California, at 6:00 p.m., on March 9, 2010 for all persons interested in or objecting to said proposed vacation. c 6. The City Clerk is instructed to publish this resolution of intention in the local newspaper and the City Engineer is instructed to post such notices along the site in accordance 8 with the California Streets and Highways Code. 9 /// 10 /// 11 12 13 14 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 16th day of February, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: j£ity Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) EXHIBIT "A-l" STREET VACATION THAT PORTION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, BEING ALSO A PORTION OF PARCEL "A" OF CITY OF CARLSBAD CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT 03-17, RECORDED JANUARY 21,2005, IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AS DOCUMENT NO. 2005-0054769 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTHEAST CORNER OF SAID PARCEL A, BEING A POINT ON THE CENTERLINE OF COUNTY ROAD SURVEY NO. 682 FILED IN THE COUNTY OF SAN DIEGO, AS DESCRIBED IN EASEMENT FOR COUNTY HIGHWAY, RECORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFICIAL RECORDS, THENCE LEAVING SAID CENTERLINE ALONG THE EASTERLY LINE OF SAID PARCEL A, SOUTH 07° 15'51" WEST, 31.14 FEET TO A POINT OF INTERSECTION WITH A 1937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, DISTANT 63.00 FEET SOUTHERLY AND CONCENTRIC TO THE CENTERLINE OF EL CAMINO REAL PER ROAD SURVEY 1800-1 (A13B), APPROVED BY THE COUNTY ENGINEER OF SAN DIEGO COUNTY, ON JANUARY 6, 1969, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 07°15'51" WEST, 9.46 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF SAID COUNTY ROAD SURVEY NO. 682, BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 960.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 17°18'42" EAST; THENCE WESTERLY ALONG SAID CURVE AND SIDELINE, THROUGH A CENTRAL ANGLE OF 07°33'37", AN ARC DISTANCE OF 126.67 FEET TO THE WESTERLY LINE OF SAID PARCEL A; THENCE ALONG SAID LINE, NORTH 02°01 '31" WEST, 1.13 FEET TO A POINT DISTANT 63.00 FEET SOUTHERLY FROM SAID CENTERLINE OF EL CAMINO REAL PER SAID ROAD SURVEY 1800-1 (A 13B), BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1,937.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07°53'08" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°43'52", AN ARC DISTANCE OF 126.14 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.013 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION RONALD L. HOLLOWAY R.C.E. 29271 DATE K:\SURVEY\DATA\0908\LEGALS\STREET VAC PAR A.DOC PAGE 1 OF 1 W.O. 679-0908401 7 EXHIBITB-1 P.O.C. NE CORNER PARCEL A CL PER RS 682 CL PER- RS 1800-1 SCALE 1"=40' N02'01'31"W- 1.13' S07-15'51"W J/.74 " 14' ^SSQ oo^ -ROW PER RS 682 PARCEL A CERTIFICATE OF COMPLIANCE ADJ. NO. 03-17 CITY OF CARLSBAD DOC/ 2005-0054769 REC. JAN. 21, 2005 PORTION OF LOT i RANCHO AQUA HEDlONDA MAP 823 LEGEND *«•. PARCEL B CERTIFICATE OF COMPLIANCE ADJ. NO. 03-17 CITY OF CARLSBAD DOC# 2005-0054768 REC. JAN. 21, 2005 »>>;>>>» INDICATES A PORTION OF EL CAMINO V//////A REAL TO BE VACATED - PARCEL Ar f f f f f <• f\ nn^ ACRES T.P.O.B. INDICATES TRUE POINT OF BEGINNING VICINITY MAP NO SCALE -LISA ST. ZSITE EUCALYPTUS- CRESTVIEW DR.- RONALD HOLLOWAY NO. 129271 P.O.C.INDICATES POINT OF COMMENCEMENT U— mXLr ' • ^J RONALD L HOLLOWAY 29271STV 07-05 OWNER: KHALED CHEHADE FAMILY TRUST OCT. 1, 1986 SITE ADDRESS: 4984 EUCALYPTUS LANE, CARLSBAD, CA. ENGINEER: BHA, INC. 5115 AVENIDA ENCINAS /L CARLSBAD, CALIFORNIA 92008-4387 CITY OF CARLSBAD PUBLIC WDRKS DEPARTMENT ENGINEERING DIVISION PORTION OF EL CAMINO REAL VACATION PLAT APN/ 208-040-11-00 DATE: 02-27-08 SHEET ^ OF ^ K:\Survey\DATA\090a\dwg\090a VAC ONSITE LDWG 6/9/2008 3:12:31 PU POT EXHIBIT "A-2" STREET VACATION - STV 07-05 THAT PORTION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, BEING ALSO A PORTION OF PARCEL "B" OF CITY OF CARLSBAD CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT 03-17, RECORDED JANUARY 21,2005, IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AS DOCUMENT NO. 2005-0054768 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B, BEING A POINT ON THE CENTERLINE OF COUNTY ROAD SURVEY NO. 682 FILED IN THE COUNTY OF SAN DIEGO, AS DESCRIBED IN EASEMENT FOR COUNTY HIGHWAY, RECORDED JUNE 12, 1936 IN BOOK 521, PAGES 230 THRU 232 OF OFFICIAL RECORDS, THENCE LEAVING SAID CENTERLINE ALONG THE EASTERLY LINE OF SAID PARCEL B, SOUTH 15032'33" WEST (NORTH 15°32'04" EAST, RECORD PER DOC. NO. 2005-0054768) 11.17 FEET TO A POINT OF INTERSECTION WITH A 1937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, DISTANT 63.00 FEET SOUTHERLY AND CONCENTRIC TO THE CENTERLINE OF EL CAMINO REAL PER ROAD SURVEY 1800-1 (ABB), APPROVED BY THE COUNTY ENGINEER OF SAN DIEGO COUNTY, ON JANUARY 6, 1969, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 15°32'33" WEST, 29.49 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF SAID COUNTY ROAD SURVEY NO. 682; THENCE LEAVING SAID EASTERLY LINE ALONG SAID SOUTHERLY SIDE LINE, NORTH 63°58'33" WEST, 0.39 FEET TO BEGINNING OF A 960.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE CONTINUING WESTERLY ALONG SAID SOUTHERLY SIDELINE AND CURVE, THROUGH A CENTRAL ANGLE OF 8°42'45", AN ARC DISTANCE OF 145.98 FEET TO THE WESTERLY LINE OF SAID PARCEL B; THENCE ALONG SAID WESTERLY LINE, NORTH 07°15'51" EAST (SOUTH 07° 15'14" WEST, RECORD PER DOC. NO. 2005-0054768), 9.46 FEET TO A POINT DISTANT 63.00 FEET SOUTHERLY FROM SAID CENTERLINE OF EL CAMINO REAL PER SAID ROAD SURVEY 1800-1 (A13B), BEING THE BEGINNING OF A NON TANGENT 1937.00 FOOT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 11°37'00" EAST; THENCE LEAVING SAID WESTERLY LINE OF PARCEL B, EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 146.86 FEET THROUGH A CENTRAL ANGLE OF 4°20'39" TO THE TRUE POINT OF BEGINNING. CONTAINING 0.061 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION RONALD L. HOLLO WAY RCE 29271 K:\SURVEY\DATA\0908\LEGALS\STREET-VAC PAR B.DOC DATE PAGE 1 OF 1 W.O. 679-0908401 EXHBIT B-2 <£ PER RS 1800-1 ^\ <£ PER RS 682 SCALE 1"=40' P.O.C. NE CORNER PARCEL B N15'57'39"E(R) T.P.O.B. S15'32'33"W 11.17' ROW PER RS PARCEL A CERTIFICATE OF COMPLIANCE ADJ. NO. 03-17 CITY OF CARLSBAD DOC# 2005-0054769 REC. JAN. 21, 2005 CERTIFICATE COMPLIANCE CARLSBAD 2005-0054768 PORTION OF RANCHO A QUA HEDONDA INDICATES A PORTION OF EL CAMINO REAL TO BE VACATED = 0.061 ACRES INDICATES TRUE POINT OF BEGINNING INDICATES POINT OF COMMENCEMENT RONALD L.y-g>63" / HOLLOWAY RONALD L HOLLOWAT RCE 29271 STV 07-05 OWNER: KHALED CHEHADE FAMILY TRUST OCT. 1, 1986 SITE ADDRESS: 4984 EUCALYPTUS LANE, CARLSBAD, CA. ENGINEER: BHA, INC. 5115 AVENIDA ENCINAS /L CARLSBAD, CALIFORNIA 92008-4387 CITY OF CARLSBAD PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION PORTION OF EL CAMINO REAL VACATION PLAT APN/ 208-040-12-00 I DATE: 12-13-07 SHEET 1 OF 1 VAP PM PUT