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Home My WebLink About2010-03-09; City Council; 20150; Crestview Dr and Lisa St Vacate Portion of El Camino RealClTY OF CARLSBAD - AGENDA BILL I DEPT. CED I SW 07-05 I CITY MANAGER 1 1 RESOLUTION TO VACATE A PORTION OF EL CAMINO REAL BETWEEN CRESTVIEW DRIVE AND LISA STREET RECOMMENDED ACTION: DEPT. DIRECTOR ATTORNEY Adopt Resolution No. 2010-044 to vacate a portion of El Camino Real between Crestview Drive and Lisa Street. 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 February 16, 2010, the City Council adopted Resolution No. 7010-073 declaring the intention to vacate a portion of El Camino Real. This public hearing is set forth to hear all persons interested in or objecting to the proposed vacation. 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. 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 ClTY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC DENIED CONTINUED TO DATE UNKNOWN CONTINUED RETURNEDTOSTAFF WITHDRAWN OTHER - SEE MINUTES AMENDED 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 151 62 to 151 64 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. 2010-044 vacating a portion of El Camino Real between Crestview Drive and Lisa Street. 3. Legal Description and Plat RESOLUTION NO. 201 0-044 A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, TO VACATE A PORTION OF EL CAMINO REAL LOCATED BETWEEN CRESTVIEW DRIVE AND LISA STREET. WHEREAS, Khaled Chehade Family Trust and Khaled Chehade Family Trust dated 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 Council of the City of Carlsbad on February 16, 2010 did adopt Resolution of Intention No. 2010-023 declaring their intention to vacate a portion of El Camino Real: and WHEREAS, the City Council did find in said Resolution that the proposed vacation is in accordance with the Growth Management policies and consistent with the General Plan; and WHEREAS, all publication and posting of notices regarding the proposed vacation of this portion of El Camino Real, pursuant to said Resolution have been given as required by law; and WHEREAS, the City Council did hear evidence offered by all persons interested in said vacation and does find from all the evidence submitted that this portion of El Camino Real is not needed for present or future street purposes; and WHEREAS, the area to be vacated would not be useful as a non-motorized transportation facility. 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 3 of the California Streets and Highways Code the portion of El Camino Real as described in Exhibit "A-1" and "A-2" and shown for the sake of clarity on Exhibit "B-1" and "B-2" is hereby vacated, closed up and abandoned for public street purposes. 3. It also shall be said it is Council's intention to conduct the proceedings for this street vacation under the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 4. That the easements and rights necessary to maintain, operate, replace, remove or renew in-place public utility facilities are hereby reserved and excepted from the vacation. 5. That the City Clerk is hereby directed to cause the resolution of vacation to be recorded in the Office of the County Recorder. 6. From the date the resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a public street. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /I/ Ill PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of March, 201 0, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Mayor Pro Tem Kulchin. LORRAINE M%W~ Clerk (SEAL) EXHIBIT "A-1" STREET VACATION THAT PORTION OF LOT "I", OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALlFORNIA ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEGO 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 2 1,2005, 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 ZENTEEiNE 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 07'15'5 1 " WEST, 3 1.14 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' 15'5 1 " WEST, 9.46 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF SAID COUhTTY ROAD SURVEY NO. 682, BEING THE BEGINWING OF ANON 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 02'0 1'3 1 " 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 (A13B), BEING THE BEGINNING OF ANON 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 6--7-.8 RONALD L. HOLLOWAY 0 DATE .. R.C.E. 29271 K:\SURVEY\DATA\0908\LEGALS\STREET VAC PAR A.DOC PAGE 1 OF 1 W.O. 6794908401 7 EXHIBIT 5- I I PARCEL A CERTIFICATE OF COMPLIANCE k? 4? ADJ. NO. 03-17 - -- b $3 -- - - 's&' CITY OF CARLSBAD PARCEL B $-Q----- DOC# 2005-0054769 --l REC. JAN. 21, 2005 CERTIFICA TE OF 3 d I I COMPLIANCE LEGEND INDICATES A PORTION OF EL CAMINO REAL TO BE VACATED - PARCEL A 0.013 ACRES , I I I I I I 1 I I I ! I ADJ. NO. 03-17 PORllOlV OF LOT i CITY OF CARLSBAD RAI\ICklO A GUA kIEDIONDA DOC# 2005-0054768 IMP a23 REC. JAN. 21, 2005 T. P.O.B. INDICATES TRUE POINT OF BEGINNING INDICATES POINT OF COMMENCEMENT CRESWIEW DR. OWNER: KHALED CHEHADE FAMILY TRUST OCT. 1, 1986 SITE ADDRESS: 4984 EUCALYPTUS LANE, CARLSBAD, CA. ENGINEER: BHA, INC. 5 1 15 AVENIDA ENCINAS #L CARLSBAD, CALIFORNIA 92008-4387 APN# 208-040- 1 1-00 CITY OF CARLSBAD PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION PORTION OF EL CAMlNO REAL VACATION PLAT DATE: 02-27-08 SHEET 1 OF 1 K:\S~rve~\0ATA\0908\dwg\0908 VAC ONSITE 1 DWG 6/9/2008 3.12:31 PM PDT fT 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 1592'33" 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 (A13B), 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 1 1'37'00" 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. ,fy Y 'it. - '.,\ a; V;, L. P;,, '- 2 - ..a THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR 0 <z- -\ -/' , , ', 'L >$ UNDER MY DIRECTION P !"3. 2~27-j X, 1 . .. E 1 LA, # : ,\ Ay~~. 2/3!/('1 j i. 6-7-09 FT bf '.."<. \c!,./!i-/;: 7 RONALD L. HOLLOWAY~ DATE J$,I/c*\G>c~-, +I t >I =r I .r _.- * ",,' RCE 29271 K:\SURVEYiDATA\0908\LEGALS\STREET-VAC PAR B.DOC PAGE 1 OF 1 W.O. 6794908401 4 EXHIBIT B-2 Q PER RS 1800-1 SCALE 1"=4OY PARCEL A CERTIFICA TE OF CER TlFlCA TE OF COMPLIA NCE COMPLIA NCE ADJ. NO. 03-17 ADJ. NO. 03-77 ClTY OF CARLSBAD ClTY OF CARLSBAD REC. JAN. 21, 2005 PORTION OF LOT i RAlYCklO AGUA kIED1 ONDA MAP 823 OWNER: KHALED CHEHADE FAMILY TRUST OCT. 1, 1986 I CITY OF CARLSBAD SITE ADDRESS: 4984 EUCALYPTUS LANE, CARLSBAD, CA. K1\91rrvpv\nATA\nqnR\rlwn\n9nA VAI' ~N~TTF ? llWG &/q/?nnR ?1071?& PM PllT lo PUBLIC CLICTLICCDTLIC WORKS DEPARTMENT ~T\ITPT~*I ENGINEER: BHA, INC. 5 1 15 AVENIDA ENCINAS #L CARLSBA D, CALIFORNIA 92008-4387 APN# 208-040- 12-00 I PORTION OF EL CAMlNO REAL VACATION PLAT DATE: 12- 13-07 SHEET 1 OF I March 9, 2010 Glen Van Peski, senior civil engineer July 16,2007 city engineer approved MS 05-10 Feb.16,2010 City Council approved a Resolution of Intention to vacate a portion of El Camino Real Adopt Resolution No.2010-044 to vacate a portion of El Camino Real between Crestview Drive and Lisa Street