HomeMy WebLinkAbout2013-06-18; City Council; Resolution 2013-157EXHIBIT 1
RESOLUTION NO. 2013-157
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO VACATE A PORTION OF VAN
ALLEN WAY, FROM FARADAY AVENUE TO ITS NORTHERLY
4 TERMINUS, STV 11-01
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2^1 north of Faraday Avenue, is not required for present or future public street purposes; and
22 WHEREAS, the city engineer has determined that, due to existing public utilities located
23 in Van Allen Way, an easement for public utility and access purposes will be reserved over that
24 portion of Van Allen Way to be vacated, and
25 WHEREAS, Utility companies and pertinent City departments have been notified of the
2Q proposed easement vacation and no objections have been received, and
27 WHEREAS, a duly noticed public hearing was held on June 18, 2013.
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 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 on May 7, 2013, City Council approved a resolution of intention to vacate a
portion of Van Allen from Faraday Avenue to its northerly terminus; and
WHEREAS, the property owners fronting Van Allen Way, north of Faraday Avenue, have
executed a private maintenance agreement addressing maintenance of that portion of Van Allen
Way being vacated; and
WHEREAS, the city engineer has determined that this portion of Van Allen Way, located
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
3 1. That the above recitations are true and correct.
^ 2. That the proceedings for this street vacation are conducted pursuant to the
^ California Streets and Highways Code, Division 9, Part 3, Chapter 3.
3. That the existing street improvements located in said easement will become
privately maintained as provided for in the private maintenance agreement that will record against
the properties per the conditions for PUD 09-02(B).
4. That the easements and rights necessary to maintain, operate, replace, remove
or renew in-place public utility facilities are reserved and excepted from the vacation.
5. That it is Council's said intention to vacate, for public street purposes, a portion of
Van Allen Way from Faraday Ave to its northerly terminus as more properly described in the
attached legal description and plat.
6. That 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.
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1. That upon the date this resolution is recorded in the County Recorder's
-lg Office, the area being vacated no longer constitutes a public street.
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PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe City Council
of the City of Carlsbad on the 18*^ day of June, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
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BARBARA ENGLESgKl, City Clerk