HomeMy WebLinkAbout1981-01-06; City Council; 6423-2; Ocean ST portion vacate resolution public hearingsCITY OF CARLSBAD
6423 - SUPPLEMENT #2 AGENDA BILL NO.
JANUARY 6, 1981
*. DATE:
Ini tiaf :
Dept. Head
C. Atty
c* Mgr- F? ENGINEERING DEPARTMENT:
- -~~ --
SUBJECT: RESOLUTION OF STREET VACATION - OCEAN STREET
PUBLIC HEARINGS
STATEMENT OF THE MATTER
Council continued this item from their December 16, 1980 meeting because the terms
of agreement were not fulfilled.
At their meeting of February 5, 1980, the City Council approved an alignment of
Ocean Street which would require a 40-foot paved section in a 50-foot right-of-way.
The alignment requires five feet of dedication for most properties, but in the area
south of the Cypress Avenue intersection, a relative1.y large acquisition must be
made on the east side of the street. On the west side of the street, there is a
portion of existing right-of-way that would not be required for the street realign-
ment. ,f
The Kletts own the property on the west side of Ocean which includes about 300
square feet of excess right-of-way. They would like the City to vacate the excess
right-of-way so they can design their condominium to make use of as much area as
possible. In exchange for the vacation of right-of-way adjacent to their property, .
the Kletts are willing to acquire the 680 square feet of additional right-of-way
on the east side of the street and turn it over to the City. It appears that this
arrangement is to everyone's benefit.
Accordingly, at their November 18, 1980 meeting, the City Council adopted a Reso-
lution of Intention to Vacate a Portion of Ocean Street. The Council also approved
an agreement between the City and the Kletts for the exchange of propert for street purposes. The finalization of this vacation is contingent upon t x e agreement.
The vacation has been properly noticed andposted, and the Public Hearing set for
December 16, 1980.
FISCAL IMPACT
Approximately 320 square feet of land would be removed from the tax rolls.
EXH I B ITS
1. Resolution No. 6390 Vacating a Portion of Ocean Street.
2. Location Map 3. Agreement between the City and the Kletts for the Exchange of Real Property for
Street Purposes.
RECOMMENDATI ON
That the City Council adopt Resolution No. 6390 Vacating a Portion of Ocean Street.
Council Action:
1-6-81 Council adopted Resolution 6390.
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
RESOLUTION NO. 6390 -
A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF CARLSBAD, CALIFORNIA, VACATING A PORTION OF OCEAN STREET
The City Council of the City of Carlsbad, California, does hereby resolve
- as follows:
1. That all publication and posting of notices regarding the proposed
vacation of a portion of Ocean Street pursuant to Resolution of Intention No.
6360 have been given as required by law.
That the City Council did hear the evidence offered by all persons 2.
interested in said proposed street vacation, and does find from all the evi-
dence submitted that a portion of Ocean Street generally located on the westerly
side of the street immediately south of Cypress Avenue in the City of Carlsbad,
County of San Diego, State of California, particularly described on Exhibit A,
attached hereto, and by this reference incorporated herein, is unnecessary for
present or prospective street purposes and does hereby make this order vacating
said portion of Ocean Street.
3. That the vacation of said portion of Ocean Street is conditioned upon
that agreement between Gordon A. Klett and Edna Mae Klett for the Exchange of
Certain Real Property for street purposes and the City Clerk is instructed not
to record this resolution of vacation until the terms of the agreement have been
met. i*
//
//
//
//
//
___
1
2
3
4
5
6
7
E
9
1c
11
12
12
14
1:
le
17
I€
15
2(
21
2:
21
24
2:
2t
2:
21
PASSED, APPROVED AND ADOPTED THIS 6th day of January , 1981 ,
)y the following vote; to wit:
AYES: Council Members Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT: Counci 1 Member Packard
c,. /I +J jL
RONALD C. ,FACURD, Playor MARY H. CASLER, Vi ce-Mayor
4TTEST:
(Seal )
. ..
e
(-
..
.
I
-I
21)'
I -- LOT 75-
LEGAL DESCRIPTION
OF PROPERTY TO BE DEEDED TO KLETT FROM CITY WHEN .
OCEAN STREET IS REALIGNED AND WIDENED @ CYPRESS AVENUE.
A portion of Ocean Street in the City of Carlsbad, County of San
Dieyo, State of California as shown on the map of Granville Park
No. 2 recorded in the Office of the County Recorder of San Diego
County as Map No. 2037 on June 18, 1927 more particularly
described as follows:
Beginning at the Southerly end of 60.00 foot reve,rse curves on
the Southwesterly side of Ocean Street near its intersection with C)Tress Avenue as shown on said Map No. 2037 a tangent to said
curve extending South 35'14'00" East; thence Northwesterly along
said curve to the right through a central angle of 23O03'30" for
a distance of 24.15 feet to a point on said 60.00 foot radius
where the center is North 77'49'30" East; thence leaving said
Southwesterly line of Ocean Street as shown on said Map No. 2037
and going'North 54"46'21" East, 9.16 feet to the Southwesterly
line of the new street alignment, 1ast.said point being on a
295.00 foot radius curve the center of which lies South 66O01'21"
West: thence Southeasterly along said curve through a central
angle of 4O41'26" for a distance of 24.15 feet to a point of
reverse curvature with a 345.00 foot radius curve; thence
Southeasterly along the 345.00 foot radius curve through a
central angle of 5'06'53" for a distance of 30.80 feet to a
point that li-.s South 65O35'55" West from the center of said 345.00
foot radius curve; thence South 68'48'10" West, 1.18 feet to the
Southwesterly line of Ocean Street as indicated on said Map 2037;
thence along the Southwesterly side of Ocean Street North 35O14'00"
West, 29.63 feet to the Point of Beginning.
Area - 361.794 Sq. Ft.
J. N. 4957
DKM : gh
9-29-80