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HomeMy WebLinkAbout1981-03-17; City Council; 6423-3; ACCEPTANCE OF GRANT DEED FOR STREET PURPOSES ALONG A PORTION OF OCEAN STREETCW:mmt 0 CITY OF CARLSBAD 0 .. Initial :a Dept. Head L C. Mgr. 3 c/ **3 - AGENDA BILL NO. 6 DATE : March 17, 1981 C. Atty 'd& DE PAR TM E NT : $3 - En g i nee r i n g SUBJECT : ACCEPTANCE OF GRANT DEED FOR STREET PURPOSES ALONG A PORTION OF OCEAN STREET STATEMENT OF THE MATTER At their meeting of February 5, 1980, the City Council approved an alignment of 0 Street which would require a 40-foot paved section in a 50-foot right-of-way. Th alignment requires five feet of dedication for most properties, but in the area si of the Cypress Avenue intersection, a relatively large acquisition must be made o east side of the street. On the west side of the street, there is a portion of e ing right-of-way that would not be required for the street realignment. The Kletts own the property on the west side of Ocean which includes about 300 sqi feet of excess right-of-way. They would like the City to vacate the excess right. way so they can design their condominium to make use of as much area as possible. exchange for the vacation of right-of-way adjacent to their property, the Kletts < willing to acquire the 680 square feet of additional right-of-way on the east sidt the street and turn it over to the City. It appears that this arrangement is to t one's benef i t. Accordingly, at their January 6, 1981 meeting, the City Council adopted Resolutiot 6390 vacating a portion of Ocean Street subject to the exchange. The Council alsc approved an agreement between the City and the Kletts for the exchange of propertq street purposes. The finalization of this vacation is contingent upon the agreeml The dedication of the Ede's property on the east side of Ocean Street has now beel offered for dedication, completing the terms of the agreement. F I S CAL I MPACT Since this is an exchange of property, there will be no adverse fiscal impact on i City. RECOMMENDAT I ON Adopt Resolution No.h(rb7 , accepting Grant Deed for street purposes along a portion of Ocean Street; and, authorize the recordation of Resolution No. 6390 vacating a portion of Ocean Street. EXH I B I TS 1. Resolution No. hy'b?. accepting Grant Deed for street purposes along a port of Ocean Street 2. Resolution No. 6390, vacating a portion of Ocean Street. 3- Vicinity Map Council Action: 3-17-81 Council approved staff recommendation. 1 -,-.--.a. i - -. x 2 3 4 '5 6 7 F; 9 10 x? X? 33 In, x!5 l6 '7 'E8 X' 2o 'X 2' . 23 24 25 26 27 28 / .'..,.:, ~ ,' 0 (m . ,/ RESOLiJTION NO. 6390 A RESOLUTIOL! OF THE CITY COUrilCIl OF 'THE CITY CF CARLSBAD, CALIFORNIA, VACATING A PORTION OF OCEAN --- STREET I--W-- The City Council of the City of Carlsbad, California, does hereby ' 3s fol loc\:s: I. That a11 publication and posting of notices regarding the pro vacation of a portion of Ocean Street pursuant to Resolution of Intenti 6360 have been given as required by law. 2. That the City Council did hear the evidence offered by all pe interested in said proposed street vacations and does find from all -the cicnce subniitted that a portion of Gcean Street general ly located .on the side c?f the street immdiately south of Cypress ?'\venue in the City of C County of San Dfego, State of California, particular'ly described on Exk atta.ched [yreto 5 and by Lhi s reference i ncorpo&ited hewin 5 is unnecc +S present or prospective street purposes and does hei-eLy rnalte this order said portion of Ocean street. 3. That the vacation of said portion of Ocean Street is concfitiic that agreeinent between Gordan A. Klett and Edm he Kle'it for the Excha Certain Real Property for street piirposes and the City Clerk .is instruc to record this resolution of vacation until the tbrms of- the agreement met. . L /I 1 /I /I /I /I -. I; ." . . a, 2 3 4 5 6 4 8 9 20 xi I 22 13 24 15 16 13" . 18 19 20 22 22 253 24 25 26 23' 28 0 '. -0 PASSED, IlPPROVED ARD ADWTED THIS 6th day ~f January - Y1 by the following vote, to wit: AYES : Council kmbers Casler,' Ancar, Lewis and Kulchin NOES 1 None ABSENT: Counc-i 1 l'iernber Packard J e ;- . L..7Lac/t&T RONALD C ~ACIVJ?D 3 F?aycr MARY H. CASLER, Vice-Mayor L</LL- _._I_x I_I_"-- ATTEST: J& T/ -&&&; p. \..>.~.+,cL.2L~&* ALETIV\ L~ I~AUTEI~I:MU, CI ty CI erk ). (Seal } rr .. .. i; . .. I&',* . * . 0 0 LE GAL, DES C 17 I I) T I ON --I___c-- OF PROPERTY TO BE DEEDI<D TO KLETT FROM CITY WIIEN OCIZAN STREET IS REALIGNED AND WIDENED @ CYPRESS AVENUE. A portion of Ocean Street in the City of Carlsbad, County of San Diecjo, State of California as shown on the.m;ip of Granville I?arlc No. 2 record.ed in the Office of the County Record.er of San Diego County as Nap No. 2037 on J-u.ne 18, 1927 more particularly described as follows: Begj-nning at the Southerly end of 60.00 foot .r-eve,rse curves Gn the Southwesterly side of Ocean Street near its intersec-tion trit C)r~ress .. Avenue as shown on said Map No. 2037 a tangent to said cu.rve extending South 35" 14 ' 00" East; thence Northwesterly along said curve to the right through a central. angle of 23"03'30" for where the cent-cr is North 77"49'30" East; thence 1-eaving said Southwesterly line of Ocean Street a-s sliown on said Map No, and goj-ng"North 54"46'21" East, 9.16 feet to the Southwesterly Line of the new street alignmcnt, last said .point being on a 295.00 foot radius curve the center of which lies South 66'01'21 West; thence Soutbeasterly along said curve through a central angle of 4°41.'2G" for a distance of 24,15 teet to a point of reverse curvature wikli J 345 c 00 foot radtus curve; thence Southeasterly along the 34 5.00 foot rzdj-us curve through a central. ang1.e of 5°@6'53" for a distance of 30.80 feet to a .point that lies South 65"35'55" West from the center of said 3.45 foot radius curve; thence South 68"48'10" West, 1-18 feet. to thc Southwesterly I-ine' of Ocean Street as indicated on said Map 203; thence along the Southwesterly side -of Ocean Street North 35" 14 ' West, 29.63 feet to the Point of Ceginning. a distance of 24.1.5 feet to a point on said. 60*00 foot radius 2037 . Area - 36J..- 794 Sq. Ft. J. N. 4357 DKM: yh , 9-29-80 i. .. I>OI ~\nt c'nn~ 1 I I I N\{'\~.I I. e a V/C//v/ 7y 'MAP NO SCACC Exhibit No. 2 of Agenda Bill No. . .>_ Y i- NAME AODilESS City of Carlsbad 1200 E~IY~ Ave. ciw (i STATE Carlsbad, CA. 92008 Title Order No. Escrow So. 3 7 3 4 SPACE ABOVETHIS UNE FOH KECOHDERS GRAHT DEED 15.40 The undersigned declares that the docurnentaq trader tax b $ IK.X cornputtxi on the futa due 01 the inter& OP propaty c~nueyzd, ~g is 0 computed on the full value !ess .. the value OH liens or encumbrances remaining th- at the time of sale. The !a realty is lomtd in 1 n unincowratd &a. TAX PARGEI,N($. _________ .. ' a 6tgB of -carlsbad , . FOR A VALUABLE CQNS!DEmTlQN, reei'npl of which is hereby xknowkdgd, . .. .. .. .. . ._ *. .. . .. .. .. .. . .. ... .. - .. .. .> , ' MYMoBj co m~ A~J DQR~EY. yo e- ?E.' hu*=a ana wi~e .. . . -., . . .. ... : eiw OF. CARLSEIMJO, a ~mic~pai coqiyratia8 .. .. - .. . .. . .. .. ' . hereby GRANTtS) to . .. .. .. . .. . .. .. the foliowing ~wzi~d' red prQpeQ in the . City of Carlsbad -. , state df Cirlilamis: .. $ounQ of .sari Diego w portion of Ut 74 in ths City of Carhsbad,.CbmQ of. Saa Diego, State o CalifoiEda, as $shown 0i-1 .Xap sf Granvilh Pa?% 115, 2, k:edQlZded in the Qffi of the 'cD:Lyty Recorder sf Sari ~iego county ,as Hap 2037,- txi. Sune 18, 51923 mole p~~~~~?~~ar~y described on .Exhibit. e3AP' attached, hereto camprisi.ng 6nE: .. .. - :**:.e . : -.% .. .. .. D~:~J OC~CJSZ~ PO, 1980 -/.ympki G3Lo c, f FGIYO~C. Ede .' . /9&42 tj , P ,dkd-.-.-. DoKOthy JI;/ g* A ) ss. STATE @F CAL!~O~~I- sz?i" ego COIINTY 01:- October ZLt, 1380 before me. the under- ----;- Or1 FOR NOTARY SEALOR S 5:311ec1. 3 ~GX~~~ put!,c in artJ for said County and State. persona% .rot!iy J. C. Edc - _DL...-- LA-- -- ---- O;FiC:r.; '1 0 . n:rpC"l.'il f Rqwmnr! C Ed? and !\ ~_I c .' -~+~~~Il~l,,l.~*,:,.~~~. a. ..,_ . , known to me ti, 5'2 t!ie pcP5rJll-_-Uhn5C 5 1)3111i( 5 ar%bccriS+d to tho wifhin ere~~ted tha WIW. A_____- ift,>trcii!.wt ant! rtckllo..v!idr;:d ttl& they I ,- , &--- ).,;i',& ,,Y WL.&..*j 54r4 M ti;O ( \/9 .. I--- -A& *k/ Sly13furr of No1w ---- .- - I__.-. - cunrl!u t-,"I 7-1.: ; b"v,>f- fuq;,;t- -:nx STA-rEr-wq'rS TO PP.A?Y JI lvbs! I -I ru-2T''1! '3 &IN& IF NO Ptwry so SHOWN. I,IAILAS 'I d e e CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated October 10, 1980 from RAYMOND C. EDE AND DOROTHY J, C. ED%, husband and wife to the City of carlsbad, California, a municipal corporatian, is hereby accepted by the City Council of the City of CarPsba California pursuant to resolution ?Jon 6469 p adopted. On March 17, 1981 p and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 18, 1981 .I By : ., 3 1 2 3 4 5 6 7 8 9 20 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 * Q RESOLUTION NO. 6469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FROM RAYMOND C. AND DOROTHY J.C. EDE FOR STREET PURPOSES WHEREAS, Raymond C. and Dorothy J.C. Ede has submitted a Grant D conveying an easement to the City of Carlsbad for Street Purposes; said Deed is on file in the Office of the City'Clerk and is incorporated by reference herein; and WHEREAS, the City Council of the City of Carlsbad has deterrninec to be in the public interest to accept said Deed; NOW, THEREFORE, BE tT RESOLVED by the City Council of the City t Carlsbad, California, as follows: 1. That the above recitations are .true and correct. 2. That the Grant Deed conveying an easement to the City of Ca for Street Purposes, is hereby accepted. 3. That the City Clerk is hereby authorized to cause the origi Deed to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Accep attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsk City Council held on the 17thday of March , 1981, by the following to wit: AYES: Council Members Packard, Casler, Anear and Kulchin NOES: on^ ABSENT: Council Member Lewis ,&2/Lle EL RONALD C, PACKARD, Mayor ATTEST: (SEAL)