The URL can be used to link to this page

Home My WebLink About2011-07-26; City Council; 20636; SUMMARILY VACATE RIGHT OF WAY AVENDIDA ENCINASCITY OF CARLSBAD - AGENDA BILL AB* 20,636 MTG- 7/26/11 DEPT. CED SUMMARILY VACATE EXCESS RIGHT-OF-WAY FOR AVENIDA ENCINAS STV 10-02 DEPT. DIRECTOR &fb^j£, CITY ATTORNEY ^^. CITY MANAGER (jj- — -~ RECOMMENDED ACTION: Adopt Resolution No. 2011-177 to summarily vacate excess right-of-way for Avenida Encinas, generally located between Carlsbad Boulevard and the railroad in the Ponto area, STV 10-02. ITEM EXPLANATION: The alignment of Avenida Encinas southerly of Poinsettia Lane and the Lakeshore Gardens mobile home park has evolved over time. The 165 acres known as the Sammis property, generally located west of the I-5, south of the Lakeshore Gardens mobile home park, and north of Batiquitos Lagoon, was annexed in 1983. Since then, the Batiquitos Lagoon Educational Park (BLEP) master plan established an alignment for Avenida Encinas and the needed right-of-way was dedicated by the developments processed under that master plan. About 10 years later, the Poinsettia Shores master plan changed some of the street alignments and constructed Avenida Encinas to its intersection with Carlsbad Boulevard. The Poinsettia Shores project (CT 94-01) also constructed the existing Ponto Drive from Avenida Encinas northerly. Some of the original BLEP alignment of Avenida Encinas was dedicated by the Batiquitos Pointe project (CT 82-18) and remains in place as excess right-of-way. LSF5 Carlsbad Holdings, LLC, the current owner of the Batiquitos Pointe area, has filed an application to vacate that excess portion of Avenida Encinas. The applicant recently completed a boundary adjustment that reconfigures the original Batiquitos Pointe lots 1 and 2 to coincide with the current alignment of Avenida Encinas. Vacating this excess right-of-way will facilitate the development of this portion of the Ponto Beachfront Village Vision Plan. Utility companies and pertinent City departments have been notified of the proposed easement vacation. No objections have been received. In accordance with Sections 8333 and 8334 of the State of California Streets and Highways Code, staff is recommending that the Council approve this vacation. ENVIRONMENTAL IMPACT: The proposed easement vacation does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonable foreseeable indirect physical change in the environment. DEPARTMENT CONTACT: Frank Jimeno at 760-602-2758, frank.iimeno@carlsbadca.aov FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D FISCAL IMPACT: The easement was 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. The owner has paid the standard fee for processing this vacation. EXHIBITS: 1. Resolution No. 2011-177 to summarily vacate excess right-of-way for Avenida Encinas, STV 10-02. 2. Location Map. 1 RESOLUTION NO. 2011-177 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 RAILROAD IN THE PONTO AREA. STV 10-02 5 " 6 7 8 9 10 11 12 13 14 15 16 EXHIBIT 1 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE EXCESS RIGHT-OF-WAY FOR AVENIDA ENCINAS, GENERALLY LOCATED BETWEEN CARLSBAD BOULEVARD AND THE WHEREAS, a request has been made to vacate a portion of Avenida Encinas within the real property of the Batiquitos Pointe project (CT 82-18); and WHEREAS, this portion of Avenida Encinas was dedicated per the street alignment as established by the Batiquitos Lagoon Educational Park (BLEP) master plan; and WHEREAS, the Avenida Encinas street alignment was subsequently changed by the Poinsettia Shores master plan; and WHEREAS, the Poinsettia Shores project (CT 94-01) constructed the current alignment of Avenida Encinas to its intersection with Carlsbad Boulevard; and WHEREAS, the right-of-way originally dedicated by the Batiquitos Pointe project (CT 82- 18) remains in place as excess right-of-way; and WHEREAS, the City Engineer has determined that this excess portion of Avenida 17 Encinas right-of-way is not required for present or future street purposes; and 18 Plan; and WHEREAS, the proposed vacation is consistent with the Ponto Beachfront Village Vision 19 pf)WHEREAS, utility companies have no facilities within the area to be vacated; 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows: 03 1. That the above recitations are true and correct. 24 2. That pursuant to Division 9, Part 3, Chapter 4 of the California Street and 25 Highways Code, said portion of the original Avenida Encinas alignment more particularly described po in Exhibit A, and shown for the sake of clarity in Exhibit B, be summarily vacated. 27 28 3 EXHIBIT 1 1 3. The City Clerk is directed to record this resolution in the Office of the County 2 Recorder of San Diego County. 3 4. From the date the resolution is recorded in the County Recorder's office, the area 4 vacated no longer constitutes a public street. 5 /// 6 /// 7 /// 8 /// 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 26th day of July, 2011, by the following vote to wit: AYES: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Council Member Kulchin. MATT HALL, Mayor ATTEST: lORRAINE M. WOOD, City Clerk (SEAL) June 13, 2011 J.N.: 07-1226-03 PAGE 1 OF 1 EXHIBIT "A" STV 10-02 LEGAL DESCRIPTION AVSNIDA ENCINAS AS DEDICATED ON MAP NO. 11290, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED JULY 16, 1985 AS FILE NO. 85-253280 OF OFFICIAL RECORDS. AREA = 1.98 ACRES O:\Legal_Descriptions\071226\Vacate AVE Encinas.lgl.doc LEGAL DESCRIPTION AVENIDA ENCINAS AS DEDICATED ON MAP No. 11290 RECORDED JUL Y 16, 1985 LEGEND LOT LINE EXISTING EASEMENT LINE PORTION OF EASEMENT BEING VACATED PACIFIC OCEAN SITE CITY OF ENCINITAS VICINITY MAP NOT TO SCALE CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad. California 92010 760-931-7700Fax. 760-931 -8680 I Engineering nmng Surveying SHT. 1 OF 3 SHTS. EXHIBIT 'B' REQUESTED BY: LSF5 CARLSBAD HOLDINGS LLC A DELAWARE LIMITED LIABILITY CO. STAR PROPERTIES CO LTD " PREPARED BY: TIMOTHY QMRROLL, JR. -—""^C Jjf (Jrfit^\^ *^^i^Ae___ *Af**vt V(p {** L.S. 7700 EXP. 12/31/12 PROJECT: STV 10-02 nwfi. A P N 216-140-17 & 18 HATF EXHIBIT 'B' C: \DOCUME~1 \Gregm\LOCALS'-1 \Temp\AcPublish_2164\0726AP02.dwg\Layout1 Jun 13, 2011 2: 31pm Xrefs: 0726AP-SV; 0726VIC-PLAT; 0726AN; 0726AMAP 300' CONSULT T S DATA TABLEw1 2 3 4 5 6 7 R DELTA/BEARING A = 32'01'W" N 26'41'J5" W A = 5 9 '46 "21" S 04'41'J7" E A = 57'49'24" S 26 "41 "35" E A = 4T35'39" M ot'na'oQ" \AI RADIUS 508.00' 442.00' 358.00' 592.00' LENGTH 283.89' 255.00' 461.11' 85.08' 361.30' 255.00' 429. 77' 11 J 9//' Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 ODayConsultants.com PlanningProcessing Surveying SHT. 2 OF 3 SHTS. EXHIBIT 'B' REQUESTED BY: LSF5 CARLSBAD HOLDINGS, LLC A DELAWARE LIMITED LIABILITY i STAR PROPERTIES CO., LTD. PREPARED BY: TIMOTHY 0. CARROLL, JR. LS. 7700 EXP. 12/31/12 PROJECT: STV 10-02 DWG. A.P.N. 216-140-17 & 18 DATE EXHIBIT 'B' C:\DOCUME~1\Gregm\lOCALS~1\Temp\AcPubnsh_2164\0726AP02.dwg\Layout2 Jun 13, 2011 2:32pm Xrefs: 0726AP-SV; 0726VIC-PLAT; 0726AN; 0726AMAP EASEMENT TABLE NO / 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DATE REC. 9-18-47 7-23-54 DOC NO. BOOK 2501, PG. 147, OR . BOOK 5310, PG. 473, OR BENEFICIARY SOUTHERN CALIF. GAS CO. CITY OF CARLSBAD NATURE OF EASEMENT GAS LINES ACCESS RIGHTS INTENTION ALL Y LEFT BLANK 7-16-85 7-16-85 7-16-85 7-16-85 7-16-85 7-16-85 7-16-85 7-16-85 10-19-94 10-19-94 5-30-97 6-17-99 MAP NO. 11290 I MAP NO. 11290 I MAP NO. 11290 I MAP NO. 11290 i MAP NO. 11290 t MAP NO. 11290 i MAP NO. 11290 i MAP NO. 11290 C F/N 1994-0612498 C F/N 1994-0612500 C DOC. No. 1997-0251820 L F/N 1999-0425779 H cfo**? CONSULT A/S T S 2710 Loker Avenue West Civ- Engineering Suite 100 PlonnngCarlsbad. California 92010 Processing 760-931-7700 Survey ng Fax: 76Q-931-8680 ODoyConaultonts.com DUBLIC °UBUC °UBLIC °UBLIC °UBLIC °UBLIC °UBLIC y?Y OF CARLSBAD 1TY OF CARLSBAD 777 OF CARLSBAD AING HOMES/CITY OF CARLSBAD VL HOMES PUBLIC SEWER PUBLIC SEWER & DRAINAGE PUBLIC SEWER & WATER PUBLIC UTILITIES & ACCESS PUBLIC ACCESS PUBLIC DRAINAGE DRAINAGE & PUBLIC ACCESS OPEN SPACE PUBLIC STREET & UTILITIES PUBLIC STREET & UTILITIES DRAINAGE BASIN MAINTENANCE SHT. 3 OF 3 SHTS. EXHIBIT 'B' REQUESTED BY: LSF5 CARLSBAD HOLDINGS, LLC A DELAWARE LIMITED LIABILITY CO. , STAR PROPERTIES CO., LTD. PREPARED BY: TIMOTHY 0. CARROLL ^^^f, LS. 7700 EXP. 12/31 PROJECT: , JR. j^/ STV 10-02 4# /t2 nwr,. A P N 216-140-17 & 18 OATF EXHIBIT 'B' C:\DOCUME~1\Gregm\LOCALS~1\Temp\AcPublish_2164\0726AP02.dwg\Layout3 Jun 13, 2011 2:32pm Xrefs: 0726AP-SV; 0726VIC-PLAT; 0726AN; 07Z6AMAP LOCATION MAP NOT TO SCALE PACIFIC OCEAN LEGEND: EASEMENT TO BE VACATED PROJECT NAME AVENIDA ENCINAS STREET VACATION PROJECT NUMBER STV10-02 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD UTIUTIES DEPT. 6/28/11 O:\OEVELOPMENrPROJFC7S\S7V\STVIO-02.DIW