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HomeMy WebLinkAbout1971-10-19; City Council; 538-2; Alder AV lot E vacation.- '. .. / THE CITY OF CARLSBAD C A L I F'O R N I Af Supplement NO. %to Agenda Bill NO. 538 Referred To: Date: October 19, 1971 Subject: Request for Vacation of Lot "E" (Alder AvE?.) Carlsbad Manor, by Richard E. Geyer Submitted By: City Engineer Statement of the Matter The Council'adopted the Resolution of Intention to vacate Lot "E" on September 21, 1971. by law. All City departments and the various utility companies were re- quested to detail any easements which should be retained, Notices have been published and posted as required A ten foot easement for,water line and drainage purposes shpuld be re- tained along the northwesterly property line to provide continuity between Carlsbad Highlands and Carlsbad Manor. An additional ten foot easement adjacent to the cul-de-sac will also be required for water line purposes. A primary concern of the property owner bordering Lot ''E" on the north has been access to his property and how he would obtain sewer service if the lot were vacated. An agreement between that owner and Mr. Geyer for the .granting of two easements for access and sewer'over a portion of Lot "E" was reached some time ago, Based on that agreement, the Council authorized the installation of a sewer through a private easement. The property owner now finds that Mr. Geyer does not have fee title and the record owner will not grant the aforementioned easements. The prop- erty owner has notified this office that he plans to make a presentation to the Council as part of the public hearing. A recommendation regarding. sewer and access can be made at that time. Exhibit A) Sketch showing easement to'be retained. B) Agenda Bill 538 with Exhibits. . .C) Reqolution $1 906 , ordering vacation of Lot ''E". 0) Resoluson '.#1912,.vacating.Lot ''E". % Staff Re comrnenda t ion -I .- If the.Counci.1 desires: . ' s Adopt Resolution #1'912 , vacating Lot "E" subject to certain reservations . 2 3 *I A RESOLUTION OF IilTfi4TTOJ OF THE CITY C0U;ICIL OF TiiE CITY OF CARLSBAD DECLAR- Ii4G II?ITCilTIOTd TO VACATE PORTICNS OF ALUER AVENUE. 5' 6 7' 8 BE IT RESOLVED by the City Council of the City of Carlsbad i /as follows: I 1. The City Council of the City of Carlsbad does hereby declare its intention to proceed under the provisions of the 31 1: 10 (SEAL) I Alder Avenue, also knownas Lot E, Carlsbad Manor, Unit No. 1, 13 14 'file in the office of the City Engineer of the City of Carlsbad. I I 2. Proceedings for vacation of the said portions of Alder 16 I ifor utility and drainage pu~-poses, details regarding said reser- 19 20 21 22iin 3. A public hearing shall be held at the City Council IChambers at 1200 Elm Avenue, Carlsbad, California, at 7:30 P.rN., /October 19, 1971 for the purpose of hearing all persons interested I I or objecting to said proposed vacation. Affidavit of Publication STATE OF CALIFORNIA I County of San Diego ........................................................................................-....-..-............-....-....-..........-..... says that she is the Principal Clerk of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the City of Carlsbad, County of San Diego. and State of California, and that the notice of which the ( "* d,. 7-o-'p. ;." annexed is a true copy, was published ....._. I _....- .... times in said newspaper, commencing on the ..... .t%:i;kr day of .J<:.;t ;:;1, ...................................................................... -, A.D. 19&rL=?A.l namely on the following dates: ( .~ RESOLUTION NO. 1906 Leg4 A RESOLUTION OF INTEN- TION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING INTENTION TO VACATE PORTIONS OF AL- , DERAVENUE. BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The City Council of the City of Carlsbad does hereby declare its intention to pro- ceed under the provisions of the Street Vacation Act of 1941 to vacate those certain portions of Alder Avenue, al- so know as Lot E, Carlsbad Manor, Unit No. 1, located within the City of Carlsbad, County of San Diego, State of California, particularly de- scribed on Tract map No. 163-9 on file in the office of the City Engineer of the City of Carlsbad. 2. Proceedings for vaca- tion of the said portions of Al- der Avenue are taken subject to certain reservations as may be required for utility and drainage purposes, details re- garding said reservations can be obtained from the City Engineer of the City of Carls- bad. 3. A public hearing shall be held at the City Council Cham- bers at 1200 Elm Avenue, Carlsbad, California, at 7:30 P.M., October 19, 1971 for the purpose of hearing all persons interested in or ob- jecting to said proposed vaca- tion. PASSED, APPROVED, AND ADOPTED at a regular meet- ing of the City Council held September 21st, 1971, py the following vote, to wit: AYES: Cmn. Dunne, Mc- Comas, Jardine, Castro and Lewis. NOES: None. ABSENT: None. r - .. Ccto;.:.:;: 7, 1rj71 ................................... ..........................._...._......................_...._.....-... . .... -.-..- .................................................................................................... ..... rf.t.7 Signed at Carlsbad, California this ........ i...!.? ....... day of ...... :... ..................................... , l96.!.:.k I hereby declare under penalty of perjury that,the foregoing is true ad correct. . ., -. .> (j c: Qs L. <: *.. / *A ,A?( 0 .,, :r i ................................ s::>. ...... i.ci'... .. ...C:=.c.l..!......:.~~... zi:.: ..... J Principal erk