HomeMy WebLinkAboutAgenda Statement 1984/09/11 Item 10 COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 9/11/84
ITEM TITLE: Resolution //7 Ordering the summary vacation of the
portion of "K" Street west of Bay Boulevard to the S.D.&A.E.
(Coronado Branch) Railroad righ -of-way
SUBMITTED BY: Director of Public Works/
City Engineer (4/5ths Vote: Yes No X )
. REVIEWED BY: City Manager
Ratner Development Company, owner of the property along the west side of Bay
Boulevard between "J" and "L" Streets proposes to develop the land. In order
to fully utilize the property, Ratner has requested that the City vacate the
portion of "K" Street which lies within it.
In accordance with Code Chapter 4, Article 1 , Section 8331 , the City Council
may summarily vacate a street or portion thereof which has been impassable for
vehicular travel or has not been maintained by public money expenditures for a
period of five consecutive years.
RECOMMENDATION: That Council adopt the subject resolution ordering the
vacation of a portion of "K" Street.
BOARDS/COMMISSIONS RECOMMENDATION: No Board or Commission action is
required for a summary vacation. However, the Planning Department staff
concurs with the recommendation of vacating the street.
DISCUSSION:
As part of the development of its property along the west side of Bay
Boulevard south of "J" Street, Ratner Development Company has submitted an
application to the City to vacate the portion of "K" Street right-of-way lying
between Bay Boulevard and the Coronado Branch, S.D.&A.E. Railway right-of-
way. The vacation is necessary to accomplish the overall development of the
property according to the developer.
This portion of "K" Street is a "paper street" and is not improved. A
research of our records reveals that the right-of-way has never been used for
vehicular travel . Chapter 4, Article 1 , Section 8331 of the State of
California Streets and Highways Code states:
The legislative body of a local agency may summarily vacate
a street or highway if both of the following conditions
exist:
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Page 2, Item 10
Meeting Date 9/11/84
. (a) For a period of five consecutive years, the street or
highway has been impassable for vehicular traffic.
(b) No public money was expended for maintenance on the
street or highway during such period.
The right-of-way was acquired by the City from San Diego Land Co. in 1925.
The deed was recorded May 11 , 1925 in Book 1073, Page 468 of Official
Records. This deed is the same as the one which transferred title of
Industrial Boulevard between "K" and "L" Streets to the City.
The Planning Department was consulted regarding its interest in the vacation
and there were no objections to vacating the street right-of-way.
. All of the utility companies were contacted regarding the proposed vacation.
San Diego Gas and Electric Company was the only company which objected to the
vacation as it has both a gas line and overhead electrical lines within this
right-of-way. The company has arranged to have easements granted directly to
it by the owner and no longer objects.
The City operates and maintains a 12-inch sewer main located within the
westerly portion of this "K" Street right-of-way. We propose to reserve a
10-foot-wide easement for this sewer.
Upon vacating the street, the land will revert to the adjacent property owners
as the right-of-way was granted for street purposes and not in fee title.
Slides are available for Council viewing.
JWH:nr/PV006
WPC 1207E
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