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 :
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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
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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.
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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
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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. -
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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;
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. 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.