HomeMy WebLinkAbout1993-11-16; City Council; Resolution 93-315II
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RESOLUTION NO. 93-31 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBP
CALIFORNIA, SUMMARILY VACATING AN EASEMENT OVER A PORTK
OF CRESSA COURT IN PLANNING AREA 14 OF AVIARA
WHEREAS, a request has been made to vacate a portion of Cressa Court ir
5 Area 14 of Aviara; and
6 WHEREAS, the cul-de-sac of Cressa Court was realigned to a position west of tt
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of Cressa Court in excess of that required pursuant to current or future needs and, 9
WHEREAS, the realignment created a surplus area of right- of-way along the ea 8
road alignment and,
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WHEREAS, all public road improvements will be made adjacent to the excess ris
in conformance with City standards and the requirements of the Growth Management
and,
WHEREAS, the vacation of this area is consistent with the General Plan, and
WHEREAS, the vacation of this excess right-of-way will result in approximately 4:
feet of land being returned to the tax rolls and,
lr I1 WHEREAS, the excess right-of-way provides no public purpose, would not be
l8 I a non-motorized transportation facility or provide usable access to adjoining propertis
WHEREAS, the excess right-of-way has not been maintained as a public right-c 19 I
20 a period of five years or more;
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California, as follows: 22
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of (
1. That the above recitations are true and correct.
2. Easements and rights necessary to maintain, operate, replace, rc
i renew in-place public utility facilities are reserved and excepted from the vacation. I
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3. That, pursuant to Division 9, Part 3, Chapter 4 of the California 8
2 // Highways Code said excess right-of-way more particularly described as Exhibit A, and :
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5. From the date the resolution is recorded in the County Record€ 6
County Recorder of San Diego County.
the area vacated no longer constitutes a street. 7
the sake of clarity on Exhibit B, be summarily vacated.
4. The City Clerk is directed to record this resolution in the offi,
8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
9 held on the 16th day of NOVEMBER , 1993 by the following vote, to wit:
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AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
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21 ATTEST:
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(SEAL)
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EXHIBIT "A"
STREET VACATION
CRESSA COURT
BEING A PORTION OF CRESSA COURT AS SHOWN ON PARCEL MAP NO. 1654
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNI
RECORDED JULY 11, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SA
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL NO. 41 OF SA
PARCEL MAP NO. 16541; SAID POINT ALSO BEING ON THE SOUTHERLY RIC
OF WAY LINE OF CRESSA COURT; THENCE ALONG SAID RIGHT OF WAY LIT;
SOUTH 61O 00" 00 I' WEST, 5.00 FEET TO A POINT ON A TANGENT 48.
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE, LEAVING SAID RIGHT
WAY LINE, EASTERLY, NORTHERLY AND WESTERLY ALONG SAID CURVE THROL
A CENTRAL ANGLE OF 177' 00' 52" AND AN ARC LENGTH OF 148.30 FEET
A POINT OF A NON-TANGENT 48.00 FOOT RADIUS CURVE CONCAVE WESTERL
THE CENTER OF SAID CURVE BEARS SOUTH 3 1 O 5 9 I 08 I! EAST FROM SA
POINT, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE
CRESSA COURT; THENCE EASTERLY, SOUTHERLY, AND WESTERLY ALONG SA
CURVE AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 182O 59 1 0
AND AN ARC LENGTH OF 153.30 FEET TO A TANGENT POINT, SAID TANGE
POINT BEING THE POINT OF BEGINNING.
VACATED AREA = 0.011 AC
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