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Home My WebLink About1975-04-15; City Council; 3317-1; Street vacation of Via CortaTHE CITY OF CARLSBAtf, :CATfFORNIA "Agenda Bill 3 Date April 15, 1975 Referred To: Subject: Street vacation of Via Corta and adjacent future slope rights (Carlsbad Tract 73-^5) from Park Drive to northerly terminus between Via Hinton and Via Marta Submitted By: Public Works Administrate Statement of the Matter . • The City Council on March 18, 1975', adopted Resolution No. 3612, a Resolution of Intention for vacatin-g a portion of Via Corta and adjacent future slope rights. The City Council set April 15, '1975, at the hour of 7:30 .the time and the City Council Chambers, 1200 Elm Avenue, place for a public hearing for all persons interested in to said proposed vacation. p.m. as as the or objecting All utility companies were notified of the proposed vacation and necessary easements have been reserved as delineated on Exhibit 3. Posting and publication of the proposed street vacation was completed per the Street Vacation Act of. 19^1. Exhibit 1. Resolution No. 2 3 , a resolution of the City Council of the *C ity -of ;Ga rl sbad vacat i ng a portion of Via Corta and adjacent future slope rTghts, subject to certain reservations and excep- tions . " Map showing Via Corta before street vacation. Map showing Via Corta vacated?del i neat i ng easement reservations and disposition of vacated street. Staff Recommendations Adopt Resolution No. £ L aL(p , a resolution of the City Council of the City of Carlsbad vacating a portion of Via Corta and adjacent future slope rights, subject to certain reservations and exceptions. Date: Apr i l"15, 1975 .. AB No; . .. .. .. .. .. - . .. .. * City Manayer8s Recommendation \ '\ ConcQr staff. with * .. . .. .- -. .. ' .- .. .. '. . .. Council Action vpcati ng 4-15-75 .Resolution #3626 was adopted, adjacent- future slope rights. portion .of Vip Corta and .. a . .. .. *' . . t .' .' .a* I e 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 39 RESOLUTION NO. 3625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENT FUTURE SLOPE RIGHTS, SUBJECT TO CERTAIN RESERVAT IONS AND EXCEPT IONS. CARLSBAD VACATING A PORTION OF VIA CORTA AND ADJA- THE CITY COUNCIL of the City of Carlsbad does hereby re- solve as follows: 1. That all publication and posting of notices regarding the proposed vacation of a portion of Via Corta and adjacent future slope rights pursuant to Resolution of Intention No. 3612 have been given as required by law. 2. That the City Council did hear the evidence offered by all persons interested in said proposed street vacation, and does find fron all the evidence submitted that a portion of Via Corta and adjacent future slope rights located in the City of Carlsbad, County of San Diego, State of California, and particularly describq ed 03 Exhibit A, attached hereto, and by this reference incorpor- ated herein, are unnecessary for present or prospective street purposes and does hereby make this order vacating said portion of Via Corta, provided, however, that the City Council does hereby deternine that the pub1 ic convenience and necessity require the reservation and exception of certain easements in said Via Corta, said easement reservations particularly described on the afore- mentioned Exhibit A, attached hereto. X X X X il 1 2 3 4 5 6 7 8 9 10 11 22 ' 13 I' I' ;, 34 $5 16 17 18 19 20 21 22 23 24 \ 25 26 27 28 29 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council held April 15, 1975, by the following vote, to wit: AYES: Councilmen Frazee, Lewis and Skotnicki NOES: None ABSENT: Councilwoman Cas1 er ABSTAINING: Councilman Chase 7 .. L. ATTEST: *. - Exhibit "A" 1. Description of vacation of Via Corta ananadjacent future slope rights: (a) Via Corta All that portion of Via Corta, Carlsbad Tract No. 73-45 (Lorna Laguna Unit No. Z), Map 8033, recorded October 23, 1974, in the Office of the County Recorder of San Diego County, State of California, described as follows: Beginning at the northeasterly corner of Lot 78 as shown on said Map 8033; thence along the northerly boundary of sai4 Map, South 88001'06" East 62.10 feet to the northwesterly corner of Lot 79 as shown on said Map: thence South 12056'39" East 124.32 feet to the beginning of a tangent 20.00 foot radius curve concave northeasterly; thence southeasterly along the arc of said curve 30.36 feet through a central angle of 86O58'59" to a point on the arc of a 930.00 foot radius curve concave southeasterly, a radial line to said point bears North 9°55'38" West; thence westerly along the arc of said curve 97.94 feet through a central angle of 6°02'02" to a point on a 20.00 'foot radius curve concave northwesterly; thence north- easterly along the arc of said curve 30.36 feet through a central angle of 86O58'59"; thence tangent to said curve North 12°56'39" West 140.31 feet to the Point of Beginning. . . (b) future slope rights in Lot 78 All that portion of Lot 78, Carlsbad Tract No. 73-45 (Lorna Laguna Unit No. 2), Map 8033, recorded October 23, 1974, in the Office of the County Recorder of San Diego County, State of California, described as follows: Beginning at the northeasterly corner of Lot 78 of said Map No. 8033; thence South 12°56'39" East 140.31 feet to the beginning of a tangent 20.00 foot radius curve concave northwesterly: thence southwesterly along the arc of said curve 30.36 feet through a central angle of 86°58'59": thence North 21059'01" East 24.36 feet; thence North 15°44'31" West 137.96 feet to the northerly line of said Lot 78; thence North 64058'15" East 12.00 feet to the Point of Beginning. (c) future slope rights in Lot'79 All'that portion of Lot 79, Carlsbad Tract No. 73-45 (Lorna Laguna Unit No. 2), Map 8033, recorded October 23, 1974, in the Office of the County Recorder of San Diego County, State of California, described as follows: . Beginning at the northwesterly corner of Lgt 79; thence along the northerly line of said Lot 79, South 88001'06" East 12.00 feet; thence South 9O49'49" East 121.41 feet; thence South 47052'20" East 24.36 feet to a point on a 20.00 foot radius curve concave northeasterly, a radial line to said point bears North 9O55'38" West; thence westerly and northerly along the arc of said curve 30.36 feet through a central 'angle of 86058'59": thence No-rth 12056'39" West 124.32 feet to the Point of Beginning. t -. . *. ,. .. v .r Exh i b i t "A" Page Two ,- 2, Description of easement reservations in Via Corta: 'h b (a-) An Easement and rights at any time, or from time to time, to'construct, maintain, operate, replace, remove and renew water pipelines, sewer lines, storm drains, underground telephone company structures & appurtenant uti 1 ity structures in that portion of Via Corta (vacated) Carlsbad Tract #73-45 (Lorna Laguna Unit #2) Map 8033, recorded Oct. 23, 1974 in the Office of the described as follows: Beginning at the northeasterly corner of Lot 78 as shown on said Map 8033; thence along the northerly boundary of Fisp No. 8033, South 88'01 '06~~ East 36.23 feet; thence South 12'56'39" East 149.68 feet to a point on the arc of a 930.00 foot radius curve concave southeasterly, a radial line to said point bears North 12°38110'1 West; thence westerly along the arc of said curve 20.00 feet through a central angle of 1'13'56tt; thence biorth 12°56139'1 West 121.00 feet; thence North 34025'40i1 West 40.96 feet to the Point of Beginning. (b) A ten foot (lo1) public utility-and tree planting easement in that portion of Via Corta (vacated), Carlsbad Tract No. 73-45 (Loma Laguna Unit No. 2), Map 8033, recorded October 23, 1974, in the Office of the County Recorder of San Diego County, State of California, said easement lying ten feet northerly and contiguous to the following described line: .County Recorder of San Diego County, State of California, Beginning at the southwesterly corner of Lot 78 as shown on said Map 8033, said corner being a point on a 930.00 foot radius curve concave southeasterly; thence easterly 55.73 feet along the arc of said curve through a central angle of 3'26'00'' to the True Point of Beginning, a radial line to said True ?oint of Beginning bears North 15°57140i1 West; thence continuing along the arc of said curve 97.94 feet through a central angle of 6°02'02t1 to the terminus of said line. \ -. , . .. -. , . I# .. ,. .. .. P - I.