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HomeMy WebLinkAbout1996-02-13; City Council; Resolution 96-59L 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Exhibit 2 RESOLUTION NO. 96-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, VACATING PORTIONS OF WALNUT AVENUE AND LINCOLN STREET. WHEREAS, the City Council of the City of Carlsbad on 1/23/96 di Resolution of Intention No. + declaring their intention to vacate a portion of Walnut and Lincoln Street; and 96-34 WHEREAS, the City Council did find in said Resolution that the proposed vaca' in accordance with the Growth Management policies and consistent with the General P WHEREAS, all publication and posting of notices regarding the proposed vac portions of Walnut Avenue and Lincoln Street, pursuant to said Resolution have been E required by law; and WHEREAS, the right-of-way proposed to be vacated is excess right-of-way an' needed for any present or prospective future public street purposes; and WHEREAS, the vacation of this right-of-way would result in approximately 3,750 feet of land being returned to the tax rolls; and WHEREAS, the City Council did hearthe evidence offered by all persons interestec proposed vacation. NOW BE IT RESOLVED by the City Council of the City of Carlsbad, California, as 1. 2. That the above recitations are true and correct. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Hi Code the portions of Walnut Avenue and Lincoln Street as described in Exhibit A and sh the sake of clarity on Exhibit B are hereby vacated for public street purposes. 3. That easements and rights necessary to maintain, operate, replace, repair, I or renew in-place public facilities are reserved and excepted from the vacation. /I/ Ill 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 0 0 4. The vacation is conditioned upon the owner’s posting of security guarantee installation of curb, gutter, sidewalk and street widening. 5. The City Clerk is instructed NOT TO RECORD this Resolution of Vacation 1 terms of the above stated Condition have been complied with. 6. From the date the resolution is recorded in the County Recorder’s Office, tl vacated no longer constitutes a street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( held on the 13th day of Februarv , 1996 by the following vote, to wit: Council Members Lewis, Nygaard, Kulchin, Finnila, and Hall AYES: NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Cler (SEAL) a EXHIBIT "A LEGAL DESCRIPTION WALNUT AVENUE AND LINCOLN STREET VACATl ON PORTIONS OF WALNUT AVENUE AND LINCOLN STREET PARALLELTO THE NORTHERLY AN[: EASTERLY BOUNDARIES OF TRACT NO. 216, IN THE CITY OF CARLSBAD, COUNTY OF SAP DIEGO, CALlFORNlA, AS SHOWN ON MAP NO. 1681, FILED IN THE OFFICE OF THE SAP DIEGO COUNTY RECORDER ON DECEMBER 9,1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 216, BEING THE TRUE POINT OF BEGINNING, THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT216 NORTH 34'33 WEST A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT 216 THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 216, SOUTH 55'27' WEST f DISTANCE OF 179.32 FEET TO A POINT OF INTERSECTION WITH A NON TANGENl CIRCULAR CURVE HAVING A RADIUS OF 20.00 FEET CONCAVE SOUTHEASTERLY, THE RADIAL BEARING AT SAID INTERSECTlON POINT BEING SOUTH 85'27' WEST, THENCE ALONG SAID CURVE AN ARC DISTANCE OF 20.94 FEET THROUGH A CENTRAL ANGLE OF 60'00' DEGREES TO A POINT TANGENT TO A LINE PARALLEL TO AND LOCATED 10 FEEl AT RIGHTANGLES NORTH OF THE NORTH BOUNDARY OF SAID TRACT 216, THENCE NORTF 55'27' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 152.00 FEET TO A POINT OF INTERSECTION WITH A TANGENT CIRCULAR CURVE HAVING A RADIUS OF 20.00 FEEl CONCAVE SOUTHERLY AND THENCE ALONG SAID CURVE AN ARC DISTANCE OF 31.42 FEEl THROUGH A CENTRAL ANGLE OF 90'00' TO A POINT TANGENT TO A LINE PARALLEL TC AND LOCATED 10 FEETAT RIGHT ANGLES EAST OF THE EAST BOUNDARY OF SAID TRACT 216, THENCE SOUTH 34'33' EAST ALONG SAID PARALLEL LINE A DISTANCE OF 19O.OC FEET, THENCE SOUTH 55'27' WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. AREA OF THE ABOVE VACATION PARCEL IS 3,757 SQUARE FEET (0.086 ACRES) MORE OR LESS. a 0 I I I ---------__ Tx!J/!d I A /\ID 5 MA? /\ID, -1681 I -------_-__ S55 ‘2 7’W 7 0.00 ’ r)/ r- T~,A ., r 2-17 wd AREA OF STREET VACATION