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HomeMy WebLinkAbout1970-03-27; City Council; 103; Scott DR & Yourell AV street vacationsTHE CITY OF C A R L S B A D, C A L I F'O R N I A . Agenda Bill No. 18.3 Date: !.I arch 27, 1970 Ref erred To : ~~ Subject : Submitted By : Y. Scott Drive 6 Yourell Avenue Street Vacations Attorney Statement of the Matter Advertising for Vacation of these portions'of these streets has been accomplished, Any statements for or against the proposed Vacation should be heard at a public hearing, and following the conclusion of the-hearing the Council should take acti0.n on the matter. Exhibit RESOLUTION NO. /7d9 Staff Recommendations Engineering recommends passage of the resolution. AB No. 103 . -_ -- Date: March 27, 1970 City Manager's Recommendation I recommend the passage of subject Resolution. Council Action 4-7-70 Agenda Bill #lo3 approved and Res. #1709 adopted. -2- ... ^. ... a. I/ r .4 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 29 30 31 32 .. 1s i. RESOLUTION SO 1 709 A RESOLUTI@:.I OF TiiE CITY COU?ICIL OF THE CITY OF CARLSBAD VACATIYG PORTIONS OF PUBLIC RIGHTS OF The City Council of the City of Carlsbad does hereby resolve 11 lows : 1. That all notices regarding the proposed vacation of portions )f public rights of way have been given as required by law. 2. That the Council did hear the evidence offered by all person tnterested in said proposed street vacations, and does find from all the evidence submitted that those portions of public rights of way 3f ScotaDrive and Yourell Avenue, located in the City of Carlsbad, 2ounty of San Diego, State of California, and particularly described 3n Exhibit A, attached hereto and by this reference incorporated herein, are unnecessary for present or prospective street purposes and does hereby make this order vacating said portions of said rights of way, provided however, that the City Council does hereby determine that the public convenience and necessity require the reservation and exception in said portions of said rights of way and the City Council does hereby reserve and except from said vaca- tions, permanent easements arid rights at any time or from time to time, to construct, maintain, operate, replace, remove and renew sanitary sewers and storm drains and appurtenant structures, in, upon, rights of way, and pursuant to any existing franchises or renewals thereof, 01 otherwise, to construct maintain, operate, replace , remove, renew, and enlarge lines of pipes, conduits, czbles, wires, poles, and other convenient structures, equipment and fixtures for over and across any portion or portions of said vacated the operation of gas pipe lines, telegraphic and telphone lines, railroad lines and for the transportation or distributidn of electrical energy, petroleum and its products, ammonia, water, and incidental purposes , including access and the ri,ght to keep said 1 2 3 4 5 6 7 8 9 . IO 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 ' 25 26 27 28 29 30 31 32 portions of said Right of Nay free from inflammable materials, and wood growth, and otherwise protect the same from all hazard, in, upon, and over said portions of said Right of Way. . PASSED, APPROVED AXD ADOPTED at a regular meeting of the City Council held April 7 , 1970, by the following vote, to wi-: AYES: Mayor Dunne, Councilmen McComas, Ne SOES : None ABSENT: None . and Castro. swender, Jardi ne ATTEST: . Vacation of Scott Drive All that portion of Scott Drive excepting Lot A and Lot B lygng southerly of Tamarack Avenue ,. that portion being southerly 'of a prolongation of the southerly Tamarack Avenue right-of-way . Zine all as shown on Carlsbad Planor Unit Xo. 1, in the City of Carlsbad, County of San Diego, State of California, according to map there05 So, 6503 filed in the office of the County Recorder of s&id County. - . The above vacation is subject to the reqervation of a 12-foot wide drainage easeinent described as follows: Beginning at the southwest corner of Lot 59 of Carlsbad Manor Unit No. I, according to map thereof No, 6503, thence North 70O33'26" West along the boundary of said map No. 6503, 55-06 feet to the TRUE POINT OF BEGINXING; Thence North 26O11'OOi' East 116.41 feet .to the prolongated, southerly right-of-way line of Tamarack Avenue; Thence South 63°49'00" East 12.00 feet along said right-of-way; Thence South 26°11'00" West, 115.00 feet more or less to the southerly boundary of said map No. 6503: Thence North.70°33'26" Fiest 12.08 feet to the TRUE POINT OF BEGIPCZNG. - .. r Legal Description for a 20-foot - alley vacation in Lebarr Estates +2 That portion of Lebarr Estates Unit No. 2 in t le C ty of Carlsbad, County of San Diego, State of California, as per pap No. 49448 fiLed in the Office of County Recorder on April 4, 1962, described as follows: .. .- . Beginning .at the most southwesterly corner of Lot 26 of said subdivision, said point being also the TRUE POINT OF BEGINNING : Thence North 89O59'51" West 20.00 feet to the most westerly boundary line of said subdivision; Thence North OoOO'09" East 120.00 feet to the southerly .. right of way line of Yourel-l Avenue: Thence along said right of way line South 89°59'51" East - 50.00 feet; .- . Thence South OoOO'09" West 120.00 feet to the TRUE PomT OF BEGINNING. . Said vacation is made reserving that 20-foot wide easement strip as recorded in 672-362 DDS, which is same as general easement recorded in 710-33 DDS.