HomeMy WebLinkAbout1989-09-26; City Council; 10259; Street Vacation: portion of Oak Ave & Lincoln StCI- OF CARLSBAD - AGENP BILL
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iTG.O9/26/89
IEPT. ENG
TITLE: PUBLIC HEARING FOR STREET VACATION FOR
A PORTION OF OAK AVENUE AND LINCOLN STREET
PR 6.77 CITY MOR.%-
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RECOMMENDED ACTION:
Adopt Resolution No. fTA 33h declaring the intention to vacate a portion of Oak
Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak
Avenue and Carlsbad Boulevard and setting a public hearing for 6:OO PM, Tuesday,
Octboer 10, 1989.
ITEM EXPLANATION:
Max and Ann Inciyan, owners of the small triangular piece of property fronted by
Carlsbad Boulevard, Oak Avenue and Lincoln Street, have requested vacation of
portions of Oak Avenue and Lincoln Street adjacent to their property.
Pursuant to the requirements of the Streets and Highway Code, City Council must first
declare their intention to vacate the right-of-way and then set a public hearing on the
matter. With Council concurrence, staff will present this item for public hearing at the
regular Council meeting on October 10, 1989.
The Inciyan's have requested vacation of 10 feet of property along Oak Avenue and
20.2 feet of property along Lincoln Street. Presently the width of the right-of-way
adjacent to the Inciyan property is 70 foot on Oak Avenue and 80 foot on Lincoln
Street. Both streets are classed as local and would normally require a minimum of 60
foot of right-of-way. Vacation of the 10 feet along Oak Avenue would leave the
minimum 60 foot and be consistent with the 10 foot vacation which City Council
granted to the south side property owner several years ago.
The 20.2 feet of property requested to be vacated along Lincoln Street will result in a
right-of-way width less than the normal 60 foot requirement. Staff believes the
proposed vacation is justified since the recently constructed streetscape project required
the closure of this section of Lincoln Street to southbound traffic. The remaining
right-of-way will adequately provide for northbound vehicular traffic, emergency
vehicles, parking, pedestrians and utilities.
Staff will be returning to Council in the near future with a program for the
construction of all public improvements adjacent to the Inciyan property as part of the
Streetscape program. The program will include appropriate reimbursement from the
Inciyans for the work done by the City.
FISCAL, IMPACX
Approval of the vacation will result in approximately 3,316 square feet of land to be
returned to the tax rolls.
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EXHIBITS:
1. d Location map.
2. J Resolution No. f%-332 declaring the intention to vacate a portion of Oak
Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street
between Oak Avenue and Carlsbad Boulevard and setting a public hearing for
6:OO PM, Tuesday, October 10, 1989.
LOCATION MAP
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PROPOSED
10'
VACATION
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EXISTING 80' ROW \in
PROPERTY OWNER \
VfCINITY MAP
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'ROJECT NAME
STREET VACATION FOR A PORTION
OF LINCOLN ST & OAK AV
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RESOLUTION NO. 89-332
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO
VACATE A PORTION OF OAK AVENUE AND LINCOLN
STREET.
BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows
The City Council of the City of Carlsbad hereby declares its intention to proceed
under the provisions of the Public Streets, Highways, and Service Easement Vacation Lav
of 1981, to vacate a portion of Oak Avenue between Lincoln Street and Carlsbac
Boulevard and Lincoln Street between Oak Avenue and Carlsbad Boulevard, located in thi
City of Carlsbad, County of San Diego, State of California, particularly described 01
Exhibits "A" and "B", attached hereto and by this reference incorporated herein.
A public hearing shall be held at the City Council Chambers at 1200 Elm Avenue
Carlsbad, California, at 6:OO P.M. on October 10, 1989 for all persons interested in o
objecting to said proposed vacation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ciq
Council held on the 26th day of September, 1989 by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Membep Kulchin
ATTEST:
CUUDE A. LEWIS, Mayor
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LEGAL DESCRIPTION
OAK AVENUE STREET VACATION
That portion of Oak Avenue as shown on the Town of Carlsbad Map
thereof No. 775, filed in the Office of the County Recorder of San Diego :county on February 15, 1894, being in the City of Carlsbad, County of San Diego, State of California, and described as follows:
Beginning at the Southeast corner of Block 15 of said Map No. g75; thence along the Northern right of way of Oak Avenue, South 55 16f15*1 West 80.78 feet: thence leaXing said right of way, South 34°43*45*i East
10.00 feet; thence North 55 16'15" East 95.98 feet to the beginning of a 5 footoradius curve concave Westerly, a radial line to which bears South 34 4.3'45'' East: thence @ong the arc of said curve 7.85 feet through 8 central angle of 90 00'00"; thence taggent to said curve, North 34 43'45'' West 5.00 feet; thence South 55 16'15" West 20.20 feet'
to the point of beginning.
Containing 1,004.44 sq. ft.
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LEGAL DESCRIPTION
LINCOLN STREET VACATION
That portion of Lincoln Street as shown on Town f Carlsbad Map No. 775 filed in the office of the County Recorder of San Diego
County on February 15, 1894, being in the City of Carlsbad,
County of San Diego, State of California, described as follows~
Beginning at the Southeast corner of Block 15 of said Map No. 775;
thgnce along the Westerly right of way of Lincoln Street, North 34 43'45" Wes; 114.43-feet; thence leaving said Westegly right of
way, North 55 16'15" East 20620 feet: thence South 34 43'45" East 114.43 feet: thence South 55 16i15i1 West 20.20 feet to the point
of beginning.
Containing 2,311.49 sq. ft.
B.B. 6/5/89 Date
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