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)