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HomeMy WebLinkAbout2013-05-07; City Council; 21214; Intent to Vacate Van Allen Way STV 11-01CITY OF CARLSBAD - AGENDA BILL 1 A RESOLUTION OF INTENT TO VACATE A PORTION OF VAN ALLEN WAY, FROM FARADAY AVENUE TO ITS NORTHERLY TERMINUS, STV 11-01 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2013-097 declaring the intention to vacate a portion of Van Allen Way, from Faraday Avenue to its northerly terminus, STV 11-01 and to set a public hearing. Van Allen Way is generally located north of Faraday Avenue, west of College Boulevard. ITEM EXPLANATION: All three (3) property owners fronting Van Allen Way, north of Faraday Avenue have requested the vacation of Van Allen Way, originally dedicated per Parcel Map No. 17971. The property owners are: 1) The GC Net Lease (Carlsbad) Investor, LLC, owner of Parcel 1 of Parcel Map No. 17971, 2) Mararisk Carlsbad, LLC, owner of Parcel 2 Parcel Map No. 17971, and 3) Life Technologies Corporation, owner of Parcel A of ADJ 540. The portion of Van Allen Way to be vacated extends approximately 530 feet north from Faraday Avenue. Since Van Allen Way is currently improved, vacating this street this will result in Van Allen Way, north of Faraday Avenue, becoming a private street. Background Van Allen Way was dedicated and constructed around 1997 as part of The Carlsbad Spectrum project to serve those parcels fronting Van Allen Way created by Parcel Map No. 17971. The three properties that front the portion of Van Allen Way to be vacated are Parcels 1 and 2 of Parcel Map 17971 and Parcel A of ADJ 540. In June 2011, the city planner conditionally-approved an amendment to a non-residential Planned Unit Development application for Life Technologies, PUD 09-02(B). Among the conditions, the Developer must obtain approval of a street vacation to vacate a portion of Van Allen Way to make it a private street. Since Van Allen Way contains existing public utilities, an easement will be reserved over Van Allen Way for public utility and access purposes. Utility companies and pertinent City departments have been notified ofthe proposed street vacation, and no objections were received. 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 following hearing. DEPARTMENT CONTACT: Jeremy Riddle at 760-602-2737. ieremv.riddle@carlsbadca.aov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 ENVIRONMENTAL IMPACT: The proposed easement vacation does not qualify as a "project" under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. FISCAL IMPACT: That portion of Van Allen Way, north of Faraday Ave was granted to the City for a no fee cost acquisition and the City will vacate said right-of-way for no fee. The owner has paid the standard fee for processing this vacation. Approval of this vacation will result in a nominal cost savings as the street maintenance for Van Allen Way is transferred to the property owners. EXHIBITS: 1. Resolution No. 2013-097 declaring the intent to vacate a portion of Van Allen Way, from Faraday Avenue to its northerly terminus, STV 11-01 and setting a public hearing. 2. Location Map. 3. Legal description and plat of street vacation. z 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 EXHIBIT 1 RESOLUTION NO. 2013-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE INTENTION TO VACATE A PORTION OF VAN ALLEN WAY, FROM FARADAY AVENUE TO ITS NORTHERLY TERMINUS, AND TO SET A PUBLIC HEARING. STV 11-01 WHEREAS, the three property owners fronting Van Allen Way, north of Faraday Avenue have requested this portion of Van Allen Way be vacated. The three property owners are:, 1), The GC Net Lease (Carlsbad) Investor, LLC, owner of Parcel 1 of Parcel Map No. 17971, 2) Mararisk Carlsbad, LLC, owner of Parcel 2 Parcel Map No. 17971, and 3) Life Technologies Corporation, owner of Parcel A of ADJ 540 per Certificate of Compliance recorded as document no. 1998- 0696720; and WHEREAS, in June 2011, the city approved a non-residential Planned Unit Development application for Life Technologies, PUD 09-02(B), subject to city council approving a street vacation for Van Allen Way from Faraday Avenue to its northerly terminus; and WHEREAS, the city engineer has determined that this portion of Van Allen Way, located north of Faraday Avenue, is not required for present or future public street purposes; and WHEREAS, the city engineer has determined that, due to existing public utilities located in Van Allen Way, an easement for public utility and access purposes will be reserved over that portion of Van Allen Way to be vacated, and WHEREAS, Utility companies and pertinent City departments have been notified of the proposed easement vacation and no objections have been received; 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 it is Council's said intention to vacate, for public street purposes, a portion of Van Allen Way described in Exhibit 3. 3 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 3. That the proceedings for this street vacation shall be conducted in accordance with the California Streets and Highways Code, Division 9, Part 3, Chapter 3. 4. That a public hearing shall be held at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on June 25, 2013 for all persons interested in or objecting to said proposed vacation. 5. That 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 with the California Streets and Highways Code. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Li 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 ofthe City Council ofthe City of Carlsbad on the 7th day of May 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn. None. ABSENT: Council Member Douglas. ATTEST: BARBARAJEftkSlESOfef City Clerk LOCATION MAP EXHIBIT 2 SALK AVE. HIGHWAY VICINITY MAP NOT TO SCALE SITE PROJECT NAME STREET VACATION (VAN ALLEN WAY) PROJECT NUMBER STV 11-01 EXHIBIT DRAWN BYi ALFRED «MRO, TRANSPMTAKIN OEPf. 7/7/11 D:\D£P>W7MEN75LP»«JiKts\D£VH.ORII£N riddhSfHW 09-020) Cc EXHIBIT 3 EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION STV 11-01 All of Van Allen Way, as dedicated per Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, described as follows; BEGINNING at the Southeasterly Corner of Parcel 2 of said Parcel Map, said point also being a point on the Northerly Right of Way line of said Van Allen Way; thence along the Right of Way of said Van Allen way the following courses: North 63M4'17" East 92.74 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 90.00 feet; thence along said curve Northeasterly 29.42 feet through a central angle of 18°43'50"; thence tangent from said curve North 45°00'27" East 50.00 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 60.00 feet; thence along said curve Southeasterly, Southerly and Southwesterly 227.73 feet through a central angle of 217°27'41"; thence tangent from said curve South 82°28'08" West 50.00 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 90.00 feet; thence along said curve Westerly 29.42 feet through a central angle of 18°43'51"; thence tangent from said curve South 63°44'17" West 158.87 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 264.00 feet; thence along said curve Southwesterly 125.35 feet through a central angle of 27012'19"; thence tangent from said curve South 36°3r58" West 55.85 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 25.00 feet; thence along said curve Southerly and Southeasterly 42.19 feet through a central angle of 96°40'53" to a point of cusp with a curve concave Southwesterly and having a radius of 1242.00 feet, a radial line of said curve from said point bears South 29°5r05" West, said curve being the Easterly right of Way line of Faraday Avenue (84.00 feet wide), as shown on said Parcel Map; thence along said Right of Way line and said curve Northwesterly 121.29 feet through a central angle of 05°35'44" to a point of cusp with a curve concave Northwesterly and having a radius of 25.00 feet, a radial line of said curve from said point bears North 24°15'2r' East; thence leaving said Easterly Right ofsWay line of Faraday Avenue along said curve Page 1 of 2 Easterly and Northeasterly 33.91 feet through a central angle of 77°43'23"; thence tangent from said curve North 36°31'58" East 76.22 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 336.00 feet; thence along said curve Northeasterly 159,54 feet through a central angle of 27°12'19"; thence tangent from said curve North 63°44'17" East 66.13 feet to the POINT OF BEGINNING. CONTAINING 0.991 Acres, More or Less This description was prepared by me or under my direction. Gregory A, Helmer LS 5134 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN 25-103648 June 28, 2011 Page 2 of 2 EXHIBIT 'B' STV 11-01 N24'1^'21':E1R1 • ^ / APN 212-130-45 APN 212-130-44 •00'27"E 00' if RASIS QF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971 I.E. N54-09'07"W. RFFFRENCE DRAWINGS PM 17971 LEGEND INDICATES STREET VACATED. AREA = 0.991 AC. INDICATES POINT OF BEGINNING INDICATES RADIAL PROJECT: PUD 09-02(B) PREPARED BY: RBF • 9755 CLAIREMOf«rr MESA BOULEVARD, SUrre 10O • • • • SAN DIEC30, CAUFOflMA 92124-1324 CQNSULTIND 858.614.5000 • FAX e58.6R5001 • wwwPBF.com REQUESTED BY: technologies" DWG. STV 11-01 A.P.N. STV 11-03 DATE 6/29/11 EXHIBIT 'B* H-\PDATA\25104481\CADD\MAPPING\EXHIBITS\4481--EXH01-VACA.DWG GLINDQUIST 6/28/2 1