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HomeMy WebLinkAbout1989-10-10; City Council; 10300; Street Vacation: portion of Oak Ave & Lincoln St\B#&+ 10/10/89 ATG. IEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. % - 3 b? 0 vacating portions of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak Avenue and Carlsbad Boulevard. STREET VACATION ON A PORTION OF OAK AVENUE TITLE. AND LINCOLN STREET - PR 6.77 ITEM EXPLANATION The City Council on September 26, 1989, adopted Resolution Noc 89-332, a-Resolution of Intention to vacate portions of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak Avenue and Carlsbad Boulevard. The City Council set October 10, 1989 at 6 P.M. as the time and the City Council Chambers, 1200 Elm Avenue, as the place for a public hearing for all person interested in or objecting to said proposed vacation. Max and Ann Inciyan, owners of the small triangular piece of property fronted by Carlsbad Boulevard, Oak Avenue and Lincoln Street, have requested the 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. Utility companies have been notified of the vacation and the street vacation resolution will specify that any existing utility easements will remain. The resolution will also specify that the street vacation shall not be recorded by the City Clerk until construciton of the Street improvements have been guaranteed to the satisfaction of the City Engineer. I PAGE TWO OF AB# /o 13m FISCAL, IMPACX Approval of this vacation will result in approximately 3,316 square feet of land to be returned to the tax rolls. EXHIBITS: 1. @ Location Map. 3. Parking Diagram. 2. f Resolution No.%-&60 vacating portions of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak Avenue and Carlsbad Boulevard. LOCATION MAP PROPOSED 10' VACATION L- I / __r____ i EXISTING 80' ROW \in 7. PROPERTY OWNER \ VICINITY MAP ~~~ ~ EXHIBIT STREET VACATION FOR A PORTION OF LINCOLN ST 8 OAK I AV 'ROJECT NAME 4 . i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8 9 - 3 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, VACATING A PORTION OF OAK AVENUE AND LINCOLN STREET. BE IT RESOLVED by the City Council of the City of Carlsbad, California as follow! 1. That all publication and posting notices regarding the proposed vacation ( portions of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Stref between Oak Avenue and Carlsbad Boulevard, pursuant to Resolution of Intention No. 89-332, have been given as required by law. 2. That the City Council did hear the evidence offered by all persons intereste in said proposed vacation and does find from all the evidence submitted that portions ( Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street betwee Oak Avenue and Carlsbad Boulevard, in the City of Carlsbad, County of San Diego, Stal of California, particularly described on Exhibit "A" and Exhibit "B", attached hereto and 1: this reference incorporated herein, is unnecessary for present or prospective strec purposes and does hereby make this order vacating said portions of Oak Avenue betwee Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak Avenue an Carlsbad Boulevard. 3. 4. That an easement for all existing utilities is excepted from this vacation. That the vacation of said portions of Oak Avenue and Lincoln Street conditioned upon the guarantee of construction of the Oak Avenue and Lincoln Strec improvements to the satisfaction of the City Engineer. /// /// 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 20 5. That City Clerk is instructed NOT TO RECORD this Resolution of VacatioI until the terms of Condition 4 have been complied with. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci? Council held on the 10th day of October , 1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ATTEST: (SEAL) 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 followst Beginning at the Southeast corner of Block 15 of said Map No, 275; thence along the Northern right of way of Oak Avenue, Southo55 16115ii West 80.78 feet: thence leaXing said right of way, South 34 43145q1 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 43'45" 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. -- B.B. DeWitt, LS 4525 7 1 'I 01 9; I I i 4 ,. CLI ! ! - - - I- i t 1 ! I 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" Wesg 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 16'15" West 20.20 feet to the point of beginning. Containing 2,311.49 sq. ft. 6/5/89 Date . I I I 1 I I ! I I ! I I i '4 v -- \ I I I ! 1 I I ! I 1 ! i SC4LE .. P /"=20 A i .. C? ,< 4 c 7 September 28, 1989 POmNG OF NOTICES OF INTENTION TO VACATE A PORTION OF OAK AVENUE AND A PORTION OF LINCOLN STRFET (FILE PR 6.77) I hereby attest and certify that I posted the required Notices in the field along Oak Avenue between Lincoln Street and Carlsbad Boulevard (3 notices) and along Lincoln Street between Oak Avenue and Carlsbad Boulevard (5 notices) on September 28, 1989 between 12:40 and 1:OO in the afternoon. JIM MURRAY Associate Civil Engineer 2075 Las Palrnas Drive Carlsbad, California 92009-4859 - (619) 438-1 161 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. 89-332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLAEUNG 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 Law 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 thf City of Carlsbad, County of San Diego, State of California, particularly described or 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 01 objecting to said proposed vacation. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Citj ' 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 Membet Kulchin . ATTEST: 'CLAUDE A. LEWIS, Mayor -4LETHA L. RAUTENKRANZ, Cifllerk (SEAL) 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 followst Beginning at the Southeast corner of Block 15 of said Map No. 275; thence along the Northern right of way of Oak Avenue, Southo55 16'15~~ West 80.78 feet: thence leaging said right of way, South 34 b3'45qi East 10,OO feet: thence North 55 16'15" East 95.98 feet to the beginning of a 5 footoradius curve concave Westerly, a radial line ta which bears South 34 43'45" East; thence 310% the arc of said curve 7.85 feet through North 34 4.3'45'' West 5.00 feet; thence South 55 16*15" West 20.20 feet to the point of beginning. Containing 1,004.44 sq. ft. central angle of 90 00'00": thence taggent to said curve, -- B.B. DeWitt, LS 4525 i > .- 'I 0, rr); I i- A ,. c/II .,c I ! 1 I ! LEGAL DESCRIPTION LINCOLN STREET VACATION That portion of Lincoln Street as shown on Town of 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 followsr Beginning at the Southeast corner of Block 1.5 of said Map No. 775: thence along the Westerly right of way of Lincoln Street, North 34'43'4.5" Wesz 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 16'15" West 20.20 feet to the point of beginning. Containing 2,311.49 sq. ft. 6/5/89 Date ? 1 6 ! I i i 1 ! I I ! I i i I \ 0 P -- -d-- i I CA ,< lid Carlsbad Journal Decreed A Legal Newspaper by the Superlor Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligenceof a general character, and which newspaper at all times herein mentioned had and still hasa bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issueof said newspaper and not in any supplement thereof on NOES: None ABSENT: Council Member ~~1- chin CLAUDE A. LEWIS Mavor the following dates, to-wlt ATPEST- ALETNA L RAUTENKR~NZ City Clerk 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 inten- tion to proceed, under the brovi- sions of the Public Streets, High- ways, and Service Easement Vaca- tionLaw of 1881, to vacate aportion of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak Ave- nue and Carkbad Boulevard. lo- cated in the City of Carlsbad. Coun- ty of San Diego. State of California, particularly described on Exhibits "A' and "B, attached hereto and by. this reference incorporated he- rein. A public hearing shall he held at the City Council Chambers at 1200 Elm Avenue, Carlsbad, California, at 600 PN. on October 10,1989 for all persons interested in or object- ing to said proposed vacation. PASSED. APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 26th day of September, 1989 by the following vote, to wit: AYES: Council Members Lewis, Pettine. Mamaux and Larson (SEAL) EXHIBIT "A" LEGAL DESCRIPTION OAK AVENUE Sl'iUCm ,,__...... September ........_...... 29 89 19.. . . 5 foot radius curve concave Wester- ly, a radial line to which bears South 34'43'45" East; thence along the arc of said curve 7.85 feet through a central angle ofWWO(Y'; thence tangent to said curve, North 34'43'45" West 5.00 feet; thence South 55'1615" West 20.20 feet to the point of beginning. Containing 1,004.44 sq. ft. B.B. DeWIIT, LS 4525 .Date: August 17, 1989 -I 0. ?