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HomeMy WebLinkAbout1992-01-21; City Council; Resolution 92-25II W a a /I RESOLUTION NO. 92-25 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CALIFORNIA, VACATING A PORTION OF IMPALA DRIVE. 3 WHEREAS, the City Council of the City of Carlsbad on December 47, 1991 4 5 adopt Resolution No. 91 - 4 0 4 declaring their intention to vacate a portion of Imp Drive, and 6 7 8 9 WHEREAS, the City Council did find in said Resolution that the proposed vacation v in accordance with the Growth Management policies and consistent with the General PI and IO /I WHEREAS, all publication and posting of notices regarding the proposed vacatior 11 12 a portion of Impala Drive, pursuant to said Resolution have been given as required by I; and 13 ll WHEREAS, the area to be vacated would not be useful as a non-motori; 14 WHEREAS, the vacation of this right-of-way would result in approximately 1,104 squi 15 transportation facility, and WHEREAS, the City Council did hear the evidence offered by all persons interestec 17 feet of land being returned to the tax rolls, and 16 18 19 20 21 22 23 said proposed vacation and does find from all the evidence submitted that the portion Impala Drive proposed to be vacated is unnecessary for present or prospective strc purposes. NOW BE IT RESOLVED by the City Council of the City of Carlsbad, California, follows: 24 25 26 27 2. That easements and rights necessary to maintain, operate, replace, remove, 28 purposes. 1. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets a Highways Code the portion of Impala Drive as described in Exhibit A and shown for the sa of clarity on Exhibit B is hereby vacated , closed up and abandoned for public strc I1 W e t I! 1 2 3 4 5 6 7 a 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 renew in-place public facilities are reserved and excepted from the vacation. 3. That the vacation of said portion of Impala Drive is conditioned upon applicant receiving approval for improvement plans to restore the street section to ( standards and entering into a secured agreement for the completion of the improvement: close off the area being vacated. 4. The City Clerk is instructed NOT TO RECORD this Resolution of Vacation L the terms of the above stated Condition have been complied with. 5. From the date the resolution is recorded in the County Recorder’s Office, area vacated no longer constitutes a street. PASSED, APPROVEDAND ADOPTED at a regular meeting of the Carlsbad City Cou 1 held on the 21st day of ~anuar~ , 1992 by the following vote, to wit: I AYES: Council Members Lewis, Kulchin, Larson, Stanton and NI NOES: None ABSENT: None ATTEST: klHA L%wEN@NZ, City Clerk (SEAL) KAREN R. KUNDTZ, Assistant City Clerk m 4 LEGAL DESCRIPTION IMPALA DRIVE VACATION That portion of Impala Drive, shown as Goldenbear Place OA Par Map No. 12561 and dedicated OA Parcel Map No. 11573, in the C of Carlsbad, County of San Dieqo, State of California, recor in the office of the County Recordex of said county, being m particularly described as follows: Commencing at the most Northeasterly corner of Parcel 13 Parcel Map No. 12561; thence along the Easterly boundary line said Parcel 13, South 11" 01'58'' West 36.00 feet to a point on Southerly sideline of that portion of land reserved for fut street per Parcel Map No. 11573 as shown on said Parcel Map 12561; thence along said Southerly sideline North 78"14'55'' W 112.73 feet to a point on an arc of a 55.00 foot radius cu concave Northerly, a radial bearing to said point bears South 37" 21'48'' East, said point being the TRUE POINT OF BEGINNI thence Westerly along the arc of said curve through a cent angle of 90" 48'44" a distance of 87.17 feet to a point of reve curvature of a 20.00 foot radius curve concave Southerly; the Westerly along the arc of said curve through a central angle 41'41'51" a distance of 14.56 feet; thence South 78"14'55" E 91.47' feet to the TRUE POINT OF BEGINNING. Contains an area of 1,104 square feet, more or less. A4 Roqe; khermak, L.S. 5971 EXHIBIT A 1.- w W i r .- - --" \ h I' " 9/12CLL \I I I I " J, I 1 I / L- / / -c / Indicofes Sfreef Vucufion 4 104 squcrn fed *- -. , Exp.gw92 jJ i L -. - UOER SHERYk, L.S. 5971