HomeMy WebLinkAbout2010-03-23; City Council; 20159; Summarily Vacate Portion of Kelly Dr-Laurel Tree Ln STV 07-06 MS 06-12CITY OF CARLSBAD - AGENDA BILL
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AB# 20,159
MTG. 3/23/10
DEPT. CED
SUMMARILY VACATE A PORTION OF KELLY
DRIVE (LAUREL TREE LANE)
STV 07-06 (MS 06-1 2)
DEPT. DIRECTOR (%$> ^^
CITY ATTORNEY ^<t§\*j> «-
CITY MANAGER \^
RECOMMENDED ACTION:
Adopt Resolution No. 2010-050 summarily vacating a portion of Kelly Drive.
ITEM EXPLANATION:
Kelly/JRM Palomar Airport Road I, LLC, a California Limited Liability Company, owners of the property
shown on the tentative parcel map for MS 06-12, have filed an application to vacate a portion of Kelly
Drive between Laurel Tree Lane and Palomar Airport Road.
On October 15, 2007, the City Engineer approved Minor Subdivision No. 06-12 approving a two
parcel subdivision located between Aviara Parkway and the end of the Laurel Street Lane cul-de-sac.
The subdivision was approved subject to the condition that the developer vacate the portion of Kelly
Drive that encumbers the property prior to the approval of the final parcel map. The easement is no
longer needed since the City has no plans to extend Laurel Tree Lane to Palomar Airport Road. The
portion to be vacated includes a portion of the Laurel Tree Lane cul-de-sac which is covered by a
separately dedicated public street easement. The remaining portion of the easement will be
developed with a parking lot and landscaping.
Streets and Highways Code Section 8331 authorizes the summary vacation of a street if the street
has been impassible for vehicle travel for five consecutive years and no public money was expended
for maintenance on the street during this period. The portion to be vacated has not been paved nor
maintained and it has been impassible for more than five years.
Utility Companies and pertinent City departments have been notified of the proposed vacation. No
objections to this vacation were received and no reservations for utility easements were requested.
ENVIRONMENTAL IMPACT:
The street vacation, included in the design of SDP 03-01, PIP 03-01, CDP 03-03 Kelly/JRM Office
Building which was approved by the Planning Commission on May 16, 2007, remains within the scope
of the prior mitigated negative declaration and mitigation monitoring and reporting program adopted
by City Council resolution No. 2007-199 on September 18, 2007.
DEPARTMENT CONTACT: Glen Van Peski 760-602-2783 Glen.VanPeski@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
<crnnn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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Page 2
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 this vacation will result in 0.513
acres 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. 2010-050 of the City Council of the City of Carlsbad, California,
summarily vacating a portion of Kelly Drive (Laurel Tree Lane). STV 07-06.
3. Legal Description and Plat.
LOCATION MAP
NOT TO SCALE
VICINITY
MAP
HOT TO
SCALE
S/7E
PROJECT NAME
KELLY DRIVE STREET VACATION
PROJECT
NUMBER
STV07-06
EXHIBIT
1
DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 1/20/10 C:\DEVELOPUENT PROJECTS\STV\STW7-06.DWG
1
RESOLUTION NO. 2010-050
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, SUMMARILY VACATING A
PORTION OF KELLY DRIVE (LAUREL TREE LANE). STV 07-06.
4
5 WHEREAS, Kelly/JRM Palomar Airport Road I, LLC, a California Limited Liability
6 Company, owners of property described as a portion of Parcel "C" and all of Parcel "D" of Parcel
7 Map No. 2993 filed in the Office of the County Recorder of San Diego County, August 23, 1974 as
8 file No. 74-230326, O.R. and a portion of Parcel 2 of Certificate of Compliance filed in the Office of
9 the County Recorder of San Diego County, February 15, 1990 as File No. 90-085876 O.R., all
10 being in the City of Carlsbad, County of San Diego, State of California, has filed an application to
11 vacate a portion of Kelly Drive; and
12 WHEREAS, the City Engineer on October 15, 2007, approved MS 06-12 for a two parcel
13 subdivision to support development of the Kelly/JRM Office Building; and
14 WHEREAS, the tentative parcel map of MS 06-12 contemplated the vacation of a portion
15 of Kelly Drive; and
1 fi WHEREAS, the City Engineer has determined that this portion of Kelly Drive is not
17 needed for present or future street purposes; and
1R WHEREAS, this vacation is made pursuant to Section 8331 of the California Streets and
19 Highways Code; and
20 WHEREAS, the proposed vacation is in accordance with Growth Management Policies
21 and is consistent with the General Plan of the City, and
22 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
23
interest to vacate said easement.
24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
25 California, as follows:
26
1. That the above recitations are true and correct.
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sake of clarity in Exhibit B, shall be summarily vacated.
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2. It is Council's said intention to vacate, for public street purposes, a portion of
Kelly Drive.
3. 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
4. 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.
5. That upon recordation of this Resolution at the County Recorder's Office, this
easement no longer constitutes a public street or public service easement.
///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 23rd day of March, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
L0RRAIN.EV1- WOfoDjCity Clerk" (J
(^EAL) (J ^
EH
EXHIBIT 'A'
LEGAL DESCRIPTION
STREET VACATION
KELLEY DRIVE
STV 07-06
BEING A PORTION OF KELLEY DRIVE AS IRREVOCABLY OFFERED FOR
DEDICATION PER INSTRUMENT 74-200026 OF OFFICIAL RECORDS, RECORDED
IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY ON
JULY 25, 1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AN EASEMENT FOR STREETS AND HIGHWAY PURPOSES OVER, UNDER,
ALONG AND ACROSS ALL THAT PORTION OF LOT G, RANCHO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, ON FILE IN THE OFFICE
OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 13 OF SAID LOT G OF SAID RANCHO AGUA
HEDIONDA: THENCE NORTH 0°31'16" WEST, ALONG THE WESTERLY
BOUNDARY OF SAID LOT G, 2272.53 FEET TO A POINT OF INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD
(100.00 FEET IN WIDTH), AS PER ROAD SURVEY NO. 1534, ON FILE IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER; THENCE, ALONG THE SAID
SOUTHERLY RIGHT-OF-WAY LINE, NORTH 70°12'37" EAST, 1290.19 FEET TO
THE BEGINNING OF A TANGENT 1450.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY IN SAID LINE; THENCE EASTERLY, ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 30°53'14", AN ARC DISTANCE OF
781.67 FEET; THENCE, CONTINUING ALONG SAID LINE TANGENT TO SAID
CURVE, SOUTH 78°54'09 EAST 573.30 FEET TO THE TRUE POINT OF
BEGINNING, THENCE, LEAVING SAID LINE AND SAID TRUE POINT OF
BEGINNING, SOUTH 13°36'43" WEST, ALONG THE CENTER LINE OF KELLEY
DRIVE (A PRIVATE STREET) 531.16 FEET; THENCE NORTH 73°05'00" WEST
42.07 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND 42.00 FEET
NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE
OF SAID KELLEY DRIVE; THENCE, ALONG SAID PARALLEL LINE, NORTH
13°36'43" EAST 528.12 FEET TO A POINT IN THE SAID SOUTHERLY RIGHT-OF-
WAY LINE OF SAID PALOMAR AIRPORT ROAD; THENCE, ALONG SAID RIGHT-
OF-WAY LINE, SOUTH 78°54'09" EAST 42.04 FEET TO THE TRUE POINT OF
BEGINNING.
319ST-VAC-LEG.doc Page 1 of 2
TOGETHER WITH ALL THAT PORTION OF SAID LOT G, LYING BETWEEN THE
WESTERLY LINE OF THE HERE AND ABOVE DESCRIBED 42.00 FOOT WIDE
STRIP OF LAND, A LINE THAT IS PARALLEL WITH AND 63.00 FEET
SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF SAID
PALOMAR AIRPORT ROAD AND LINE NORTHEASTERLY OF THE ARC OF A
25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEING
TANGENT TO EACH OF THE SAID PARALLEL LINES AND THE SAID
WESTERLY LINE.
CONTAINS 0.513 ACRES MORE OR LESS
RUDYP.PACHECO7 LS 5717 EXP. 09-30-09
3I9ST-VAC-LEG.doc Page 2 of2 ft
EXHIBIT 'B'
OWNER AtEVELOPER
KELL Y/ JRM PALOMAR AIRPORT ROAD I, LLC
1040 S. ANDREASEN DRIVE, SUITE 200
ESCONDIDO, CA 92029
PROJECT LOCATION
THIS PROJECT IS LOCA TED
WITHIN APN: 212-040-64
VICINITY MAP
NOT TO SCALE
LEGEND:
P.O.B.
T.P.O.B.
D.D.
= EXISTING PROPERTY LINE
= PARCEL 'A'
AREA PER RECORD DOC. 74-200026
FILED JULY25, 1974 TO BE VACATED
= POINT OF BEGINNING
= TRUE POINT OF BEGINNING
= PER PARCEL MAP NO. 2993
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS THE EASTERL Y LINE PER PARCEL MAP NO. 2993 FILED AS DOC. NO.
74-230326 RECORDED AUGUST 23, 1974. I.E. N13'36'43'E
LEGAL DESCRIPTION:
BEING A PORTION OF KELLEY DRIVE AS IRREVOCABL Y OFFERED FOR DEDICATION PER INSTRUMENT 74-200026 OF
OFFICIAL RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY ON JULY25, 1974,
MORE PARJICULARL Y DESCRIBED IN EXHIBIT 'A'.
CONSULTANTS
9517 GROSSMONT SUMMIT DRIVE
LA MESA, CALIFORNIA 91941
PH:(619) 741-9456 FAX:(6I9) 664-4291
RUDY P. PACHECO, LSi NO. 5717
MY REGISTRATION EXPIRES 09/30/09
OTY OF CARLSBAD
DATE:3-27-09
SCALE: 1" - tiff
A.P.N.212-040-64
8TBEET VACATION
PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
DRAW BY:
OMEGA ENG. CONSULTANTS
8TV 07-06
SHEET:1 OF 3
EXHIBIT '8'
T.P.O.B.-
FOR. LOT 'G' MAP NO. 823
me CONSULTANTS
9517 GROSSMONT SUMMIT DRIVE
LA MESA, CALIFORNIA 91941
PH:(619) 741-9456 FAX:(619) 664-4291
CITY OF CARLSBAD
DATE:3-27-09
SCALE: 1' = 400'
A.P.N. 212-040-64
ST f VACATION
PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
DRAW BY:
OMEGA ENG. CONSUL TAN7S
STY 07-06
SHEET:2 OF J
EXHIBIT 'B'
PARCEL D A PORTION PARCEL C
MAP 2993, FH£ NO. 72-230326,
PORTION OF PARCEL 2 OF C.O.C.
DOC NO. 1990-085876
NO.
C1
DELTA
92W52"
ARC
40.37"
RADIUS
25.00'
NO.
LI
L2
LJ
BEAR/NO
N7JV5'00'Mf
N78'54'09'W
N78"54'09'W
LENGTH
42.07"
42.04'
68.16'
EX. LAUREL TREE LANE STREET
RIGHT OF WAY DEDICATED PER
INSTRUMENT NO. 2007-0158005
RECORDED MARCH 7, 2007
jtiN0 CONSULTANTS
9517 GROSSMONT SUMMIT DRIVE
LA MESA, CALIFORNIA 91941
PH:(619) 741-9456 FAX:(619) 664-4291
CITY OF CARLSBAD
DATE:3-27-09
SCALE: 1" m 100'
A.P.N.212-040-64
ol f VACATION
PORTION OF KELLEY DRIVE AS OFFERED
FOR DEDICATION PER DOC 74-200026
DRAW BY:
OMEGA ENG. CONSULTANTS
STV 07-06
SHEET:J OF
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. 2010-050. SUMMARILY VACATING A PORTION OF
KELLY DRIVE (LAUREL TREE LANE). STV 07-06. 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 24th day of
March, 2010.
FREISf NGEftCLER:
(SEAL)