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Home My WebLink About1967-11-07; City Council; Resolution 1442I r I 2 3 4 5 6 7 8 9 10 11- 12 13 14 25 16 17 18 39 20 21 2i 23 24 25 25 27 28 29 30 31 32 196171 Gt 1: f AFTER RECORDIVUG RETURN TO: FIlL(?AGE NC.,,.,.-..-.--.---.--- 1 RECORDED hTmM City Clerk .................. City of Carlsbad 2960 Pi0 Pic0 Drive Carl sbad, Cali forni a i' SERIES 8 BOOK 196 Be it resolvcci by the City Council of the City of Carlsbad as follows: 1. Tiiat all publicatioii ancl posting of notices regarding tile proiiosed vacation of portions of Kelly ijrive pursuant to iksolution of Intention Xo. 1437 have been given as required by law. 2. That thc Council did iiear the evidence o€fercci by 211 persons intcrested ir, said proposed street vacations, arid does find fro111 all the evidence subnitteci that those 2ortions of Kcl.ly Drive described in saici 2esolution of Intention., and iinrticularly described 011 Exhibits A and 3, attached hercto and by this refercrrce incorporated herein, are urine ce s s tl ry f o r p re s e 11 t o anti docs hereby nake tiiis order vacating said Iiortions of said Urive, provided holiever tnat thc City Council does ilercby c1ctcr:niile tiiat the public convenience and necessity require the reservation and exception in said portions of said Urive, ad trie City Council does iiercby p r o s p e c t i ve s t re c t k~ur;) o s e s rcscrve and except fron said vacatio:I, perzianeilt easciicnts and rigiits at any tii.!c, or frox ti!.ie to tine, to CoiIstrLlct - i. - _- * /, * ‘t ’ I. 2 3 4 5 6 7 8 9 10 11 12 13 14 35 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4” 30 31 32 gas 2ipe lines, telegraphic and telephone lines, railroad lines , arid for the trarisportatiori or distribution of electrical energy, petroleuni and its products, ammonia, water, and incidental purposes, including access arid the right to keep said portions of said Drive free from inf 1arn;:iable rnaterials , and i\iood growth, and otherwise protect tile saxe froril all hazard, in, upon, and ovcr said portions of said Drive. PASSED, APPROVED, ARL, ADOPTED zit a regular meeting of The City Council held November 7 , 1967, by the following vote, to wit: AYES: Councilmen Worthing, Neiswender, Atkinson, Dunne and XOES: None ABSE>;‘Lr : None Jardi ne ATTiiST : 'i All those portions of Lot 1, Rancho Aqua Hedionda in the City of Carlsbad, County of San Diego, State of California, per Map No. 823 filed in the office of the Recorder of said County, more particularly described as follows: Parcel No. 1. Beginning at a point in the Easterly boundary line of Lot 18 per the Map 5871 thereof filed in the office of the Recorder of said County distant thereon North 18'32'12" East, 24.08 feet from the Southeast corner of said Lot 18, said point being the beginning of a tangent curve concave Southeasterly and having a radius of 542.00 feet; thence Northeasterly along the arc of said curve through a central e angle of 12'44'57" a distance of 120.60 feet to the begin- ning of a reverse curve concave Southwesterly and having a radius of 25.00 feet; thence Northwesterly along the arc of last said curve through a central angle of 80'51'27" a distance of 35.28 feet, to a point of reverse curve con- cave Northeasterly and having a radius of 1663.00 feet; thence Northwesterly along the arc of last said curve through a central angle of O"04'39" a distance of 2.25 feet; thence North 48O29'39" West, 70.61 feet to a point in the Northwest boundary line of said Map 5871; thence South 79'09'45" West along said Northwest boundary line, 159.15 feet to a point in a non-tangent curve concave Northeaster- ly and having a radius of 2863.00 feet; thence Southeaster- ly along the arc of last said curve and the Northeasterly boundary lines of Lot 17 and Lot 18 of said Map 5871, through a central angle of 3'35'34" a distance of 179.53 feet to a point of reverse curve concave Southwesterly and having a radius of 25.00 feet; thence Southeasterly along the arc of last said curve through a central angle of 84'29'16" a dis- tance of 36.86 feet to a point of tangency; thence South 18'32'12" West, 38.01 feet to the true point of beginning. Reserving therefrom an easement for public utility purposes over, under and along the Northwesterly twenty (20.00) feet thereof measured at right angles to that certain course herein above having a bearing of North 74"09'45" East and a length of 159.15 feet. EXH I8 I T I' A" Parcel No. 2. Beginning at the Northeast corner of Lot 19 of said Map 5871, being also a point in a non-tangent curve concave Northeasterly and having a radius of 2863.00 feet; thence Northwesterly along the arc of said curve and the Norther- ly boundary line of said Lot 19 through a central angle of 1'34'10" a distance of 78.42 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 25.00 feet; thence Southwesterly along the arc of last said curve through a central angle of 73°10'36" a distance of 31.'93 feet to a point through which a radial line bears North 51'74'37" West, also being a point in a curve con- cave Southeasterly and having a radius of 458.00 feet, a radial line of last said curve through last said point bears North 66'52'32" West; thence Northeasterly along the arc of last said curve through a central angle of 6"01'39" a distance of 48.18 feet to a point of compound curve con- cave Southeasterly and having a radius of 25.00 feet; thence Northeasterly along the arc of last said curve through a central angle of 96"41'02" a distance of 42.19 feet to a point of reverse curve concave Northeasterly and having a radius of 1663 feet; thence Southeasterly along the arc of last said curve through a central angle of 2"10'42" a dis- tance of 63.23 feet to a point in the Northerly prolonga- tion of the Easterly boundary line of said Lot 19, a radial line through last said point bears South 33"39'27" West; thence South 12'01 '22" West along said Northerly prolonga- tion of the Easterly boundary line of said Lot 19, 35.85 feet to the point.of beginning. EXHIBIT "9" STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Margaret E. Adams I, /. .... ... ................ . ....., City Clerk of tlie City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original ... R.e.so1.uti.o n ......... passed and adopted by said City Council, at .a .... r.f.g.U.!..a.r ........... ~~ meeting therrwf, at tlie time and by the vote therein stated, which original ..R.esal..uti.o.n~~.~~. .. ~. is now on file in niy office: that the same contains a hill, true and correct transcript therefrom and of the whole thrreof. ,. . Witness ihy Iiand and the seal of said City of Carlsbad, this l.l.thlay of .... ~~.~..~ ..... D~~.mb.e.r .,... 1.9.6.7. -. .”. (SEAI,) , __ . . ... . .. . ..- . - .. - 1 0 -wL,y-$ lq6/7( ,&e--- 12, 17b7 w RESOLUTION NO. 1442 A RESOLUTION OF TFTE CITY COUNCIL OF THE CITY CF CARLSBAT) VACATING PORTIONS OF KELLY DRIVE, SUBJECT TO CERTAIN RESERVATIONS AND EXCEPTIONS. Be it resolved by the City Council of the City of ad as Eollows: 1. That all publication and posting of notices regarding the pro2osed vacation of portions of !<elly Drive 2;ursuant to 9esolution of Intention ?Io, 1437 have been Given as required by law. 2. That the Council did hear the evidence offered by all aersoris interested in said pro2osed street vacations, and does find from all the evidence subnitted that tlnose 2ortions of Kelly grive located in the City of Carlstad, County of San Diego, State of CaliEornia, tiescribed in said 3esolution of Intention, and particularly described on Exhibits A and 3, attached hereto, and hy this reference incorporated herein, are unnecessary for ;:resen or 2ros;)ective street purFoses and does iiereky make tiiis. order vacating said 2ortions of said Yrive, i2rovidcci the City Counci 1 does 1-ereby determine that the Trrblic convenience and necessity require the reservation and cxce;tion in saiS portions of said llrise, and tlie City Ccuncil does kerehy reserve and excegjt said vacation, ?ernanent easciients 2nd rights at any or frcz time ,to tine, to construct, raintain, o?erate, nove, and renew sanitary sewers and storm appurtenant structures, in upon, over and across any portion or por Fursuant to any existing fr or otherwise, to const ~ct riaintain =-ate, re;,lace 9 reyoove, rene::, aria e121 lines of giije, CO~C~~I--~S, cahlc :!ires, ;ales, otlier c nt structures equipment id vacated Drive, and or rei:ewals thereof, c A W' - r. 2 3 4 5 a 9 P? 2: 2; 21 2! 2( 2: 2t 3: 3: