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HomeMy WebLinkAbout1980-10-07; City Council; 6379; ACCEPTANCE OF RELINQUISHMENT OF RIGHT-OF-WAY - BUENA VISTA CREEK0 CITY OF CARLSBAD - 0 t LCD:ls Initial : I_ Dept. Head E AGENDA BILL NO. I_- b3 DATE: -_ October 7, 1980 C. Atty g Ff c. Mgr- lit?-2 DE PAR TM E NT : Engineering SUBJECT : ACCEPTANCE OF RELINQUISIPGNT OF RIGHT-OF-YI'AY ( BUENA VISTA CREEK 1 STATBENT OF THE I'IATTER In 1963 Carlsbad entered into a "Freeway Agreement" with the State, related t construction of Highway 78, whereby we agreed to assune operation and mainte- nance responsibility for those facilities not part of the freeway itself. Ca trans has asked that we take over those oortions of the Buena Vista Creek Cha east and west of El Camino Real, that were constructed by the State. The Cit held out until the bridge was widened and the channel cleaned. The State renewed their reqpest on February 11, 1980. Utilities/?laintenance has indicated the channel has been cleaned and in suitable condition for the City to assume maintenance. FISCAL PPACT - \'/hell the City accepts the maintenance, the cost to the City could range from $500 to $1000 per year. EXHIBITS 1. Location Map 2. 3. Tdeemo from Utilities~~aintenance Director dated 8/19/80 Resolution No. (03a~ accepting relinquishment RECOT'YQNDAT ION - The staff has prepared a resolution. recommendation to adopt it. The Council may consider it. It is staf Council Action: 10-7-80 Council adopted Resolution 6321, accepting relinquishment of a portion Of 1 Transportation D - Buerla Vista Creek Channel from the State of California, Department of @ 80-125 0 August 19, i580 MEMORAN DUil TO: City Engineer FROM : SIJSJECT: Director, Utilities & Maintenance Re! inquishment of Cal Trans Storm Drain Channel 3 El Carnino Real at H..y '-1. mar Caf Trans hss completed the cleaning of the concrete lined channel from Haymar bridge to the east. this Department ard is acceptable. It is reccmmended that the re- linquishmnt agreenimt with Cal Trans for thar. portion of the storm channel be executed. The work has been inspected by - ~- - -_ L28&&/ ROG W. GREER _. Director, Utilities & Maintenance RWG: j 1 c _-- - 8 e 5 WHEREAS, the State of Caljforn-ia has served upon the City of Car 6 'i .- 8 9 '20 1.1 12, I the notice of intention 0.f the ~q~zrtrnerit of Transportaticn to relinqu portion of tt?? BWX \JLSI-.Z t~ek Chanwl on the southerly side 9f that ticutar freeway referred to X 91-SD-78a. arid N-lERERS, the City Ccuncil has determined ?t is necessary and in I interest to accept such proposeti relincpishmerit; and WWEREAS, by the acceptance of 'this relinquishment there is ves C-ity 0% Carlsba.d, ail 0': the interest which the State of California rn 33 14 15 3.6 17 i -in right, title, .in and to thz.2: portion sf the State Highway hereinah scribed; RON, YHEREFCRE, BE IT RESOLVED, that the City Counci'l'cf the C' Carlsbad does, in behalf of the City of Cz$lsbad, agree to accept th th? southerly si de ' of that parti cul ar freeway 11 -SD-78, Inope parti CU 28 19 20 23 22 23 24 25 26 27 1 scrih2d as Segment 5 in Exhibit A, which is attzchcd hereto, md mad ! bereof as if fully set fcrth. PASSED, APPROVEP AND P~DOPTED, by the city Council at 3 reguiar I I held the 7th day of - , 1980, by the following vote, to 1 ! AYES: NOES: Council Piember Lewis ABSENT: Council Mernber Packard Counci 1 Members Cas1 er, Anear and Kul chi n I _-.__~.I----- Lz?L/f /I! &-QJL KONP,LD c* pACKiiRD, MkYOR WRY 1-1. CASLER, \)I CE-MAYOR 1 ATTEST: I l2 -,-.Ld&.f2t_-1crL 0,b.d- -p &G-K2@.Lm - CTI A L. RAUTEb!KRAM%, CITY &icr)f' I .. __ - . .. . ..__........ -.. f EDMUND G. BROV 0 e Irr STATE OF CALIFORNIA-BUSINESS AND TRANSPORTATION AGENCY - DEPARTMENT OF TRANSPORTATION 1120 N STREET SACRAMENTO, CALIFORNIA 95814 (916) 445-2756 December 23, 1980 R/W ENGINEERING 11 - SD- 7'8- 1.3/1.9 Rel. Req. No. 24132 Buena Vista Creek Char CTC Res : F.-2633 City Council CTC Date: 12-19-80 City of Carlsbad Carlsbad, CA 92008 RELINQUISHMENT OF HIGHP?AY RIGHT OF WAY Gentlemen: Attached for your information is a certified copy of the of Relinquishment. This action was taken in accordance with Section 73 of the Streets and Highways Code. Your attention is directed to Section 100.9 of the Streets am Highways Code regarding relocated State highways which bypass cities or business districts. The directional signs erected 1 the State on such highways shall be left in place and maintail by the local agency. The relinquishment will become effective upon recordation and your office will be notified immediately thereafter. Sincerely, above - referenced C ali forni a Transport at ion Con-Anis sion Res o lut: //b) __-' c..\ /- E. L. Ide, Chief Division of Right of Way A'c tachment Right of Way Engineering Eranch .. a!$? s PIC m.Tj 0 $ pJ$j & j; ~~~~~~~~~~~ ($-)o R26 3 9 0 P' &is& By DEC 19 RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE REQUEST NO. 24132 CITY OF CARLSBAD, ROAD ll-SD-78-1,3/1.9 WHEREAS, the State of California has acquired right o way for and has constructed the Buena Vista Creek Channel in th City of Carlsbad at El Camino Real, road 11-SD-78; and WHEREAS, by freeway agreement dated June 10, 1963, between the City of Carlsbad and the State of California, and b Resolution No, 6321, dated October 7, 198G, the City agreed to accept title to a portion of the Buena Vista Creek Channel, up0 relinquishment thereof to said City by the State of California; and WHEREAS, this Commission has found and determined, an does hereby find and determine, that it is desirable and in the public interest that said channel be relinquished to the City o Carlsbad for use as a channel; NOW, THEREFORE, IT IS VOTED by the California Transpo: tation Commission that it relinquish, and it does hereby relinqr to the City of Carlsbad, effective upon the recordation of a certified copy hereof with the Recorder of San Diego County, al: of the State of California's right, title and interest in and ti said channel in said City, together with the right of way and 4, ,I r“ , 0 0 appurtenances thereof? described as follows : All that portion of Buena Vista Creek Channel, design as Segment 1 on those certain relinquishment maps filed for rec as State Highway Map No D 211, sheets 1 through 4, inclusive, on November 3, 1980, File No. 367998, in the office of the Recorde of San Diego County. EXCEPTING and RESERVING to the State of California an and all rights of ingress to and egress from the channel hereby relinquished, in and to the adjacent and adjoining freeway, excl at such points as now are or may be established by resolution oj this Commission. THIS IS TO CERTIFY That the foregoing is a full and correct copy of the original resolution duly passed by the California Transportation Commission at its meeting regularly called and held on the 19th day of December, 1980, in the city of Sacramento. Dated this the 22nd day of December, 1980. I ,“ 2 if {’ A+- I- { %,,-&j L&/%&P& *&; LL-ly--up+- .-=-w’Y * i, -5 “1 R IkHARD A. 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