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HomeMy WebLinkAbout1957-05-07; City Council; Resolution 2601 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 m 260 RESOLUTION NO. A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL TO VACATE A PORTION OF CHESTNUT AVENUE BETWEEN A PROLONGATION OF THE EASTERLY LINE OF JEFFERSON STREET AND THE PROLONGATION OF THE WESTERLY LINE OF HARDIMG STREET; AND FURTHER TO VACATE THE ALLEY LYING BETWEEN CHESTNUT AVENUE AND PALM AVENUE; AND ESTABLISHING A TIME AND PLACE OF HEARING. The City Council of the City of Carlsbad does hereby resolve as follows: SECTION I, The procedure for the vacation of Chestnut Avenue between a prolongation of the Easterly line of Jefferson Street and the prolongation of the Westerly line of $larding Street and the alley lying between Chestnut Avenue and Palm Avenue, in the City of Carlsbad, shall be, and the same is hereby ordered to be in conformity with the proceedings set forth in the Street Vacation Act of 1941, contained in the Streets and Highway Code of the State of California, SECTION 11, It is hereby resolved and declared to be the intention of the City Council to vacate a portion of Chestnut Avenue above set forth, and the alley as above set forth, the details of said vacation being more specifically set forth in a map and plan in the office of the City Clerk, SECTION 1x1, Be it further resolved and declared that the City Council does hereby determine that public necessity and convenience require that the City reserve the easements and rights of way as follows: The permanent easement and right of way 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, ovex and across the street or part thereof, herein proposed to be vacated, and subject to the further reservation of any existing a. 2 3 4 5 6 7 8 9 1c 11 12 1: 14 1: 1G 1: It 1! 2( 2: 2; 2, 2 2 2 2 2 2 3 3 3 least ten (10) days before the 4th day of June, 1957. shall be posted not more than three hundred (300') feet apart, with at least three (3) being posted upon the portions of street Such notice: franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, and for the transportation or dis- tribution of electrical energy, petroleum and its products, water, and incidental purposes, including their access and the right to keep the property €ree from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and dver the street or part thereof herein proposed to be vacated. The vacation of streets herein proposed is taken subject to such reservations and exceptions, and all subsequent proceeding of the City Council that relate to the vacation herein proposed, including any deed or conveyance, if any, to the owners of the land underlying such street, or part thereof, shall be subject to and governed by the reservations and exceptions herein contain- ed in this Resolution of Intention. SECTION IV, The City Council of the City of Carlsbad hereby establishes the date for hearing all persons interested in, or objecting to, the vacation as herein set forth, at 7:a o'clock P.M. on June 4, 1957, at its regular meeting place in the City Hall, 2960 Pi0 Pic0 Blvd,, Carlsbad, California, SECTION V, The City Engineer is hereby ordered to post notices of street vacation, as herein proposed, conspicuously along the line of the street and/or alley, or parts thereof, proposed to be vacated, with said posting to be accomplished at or alley proposed to be vacated. The notices as posted shall -2- tate the passage of this Resolution of Intention and shall state ,he time and place of hearing of persons interested in, or object- ng to the proposed vacation. SECTION VI. The City Clerk is hereby ordered and directed ;o cause this Resolution to be published once in the Carlsbad rournal, a weekly newspaper of general circulation in the City of Zarlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the Xty of Carlsbad on the 7th day of May, 1957, by the following rote, to wit: AYES : NOES: H~~ FkYT8r CaStQXWM, @tZAOIben BObfnSQn, Baird, Zedge”3 ana ffeltm ABSENT: lone Carlsbad, California ATTEST : A 1 7WQ- u M, 0, EWALD, City Clerk -3-