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HomeMy WebLinkAbout1972-05-16; City Council; Resolution 20081 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IS 3.7 18 19 .20 2k 22 23 24 25 26 27 28 29 30 31 32 FiLE/?ASE h5. - I.Ur?*< 1972 flECCiiDEDREQUESTOf MAY 24 10 54 #! 'fl -:. crry CLE RECORDING REQ CSTED. 3399 WHEN RECORDED AIL TO: CITY OF CARLSBAD 1280 Elm Avenue Carlsbad, California 92008 YE OFF! CI.iJ, $; 0s SA3 OiEGet GOUtdTj*.cALIF, RECORDER HARLEY F. BLOOM RESOLUTION NO. 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD VACATING A PORTION OF ALDER AVENUE, TWEEN SUNNYHILL DRIVE AND THE SOUTHWESTERLY TERM- INUS OF LOT E, CARLSBAD MANOR, UNIT NO. 1, SUBJECT TO CERTAIN RESERVATIONS AND EXCEPTIONS, AND PARTIAL ACCEPTANCE OF OFFER OF DEDICATION. BE- NO FEI BE IT RESOLVED, by the City Council of the City of Carlsbad as follows: 1. That all publication and posting of notices regarding the proposed vacation of Alder Avenue, between Sunnyhill Drive and the southwesterly terminus of Lot E, Carlsbad Manor, Unit No. 1, pur- suant to Resolution of Intention No, 1991, have been given as re- quired by law. 2. That the Council did hear the evidence offered by all persons interested in said proposed street vacation, and does find from all the evidence submitted that said' portion of Alder Avenue, located in the City of Carlsbad, County of San Diego, State of Calif- ornia, described in said Resolution of Intention, and particularly described on Exhibit "A" , Item I, attached hereto, and by this reference incorporated herein, are unnecessary for present or prospective street purposes and does hereby make this order vacating said portion of Alder Avenue, provided however, that the City Council does hereby determine that the public convenience and necessity require the reservation and exception in said portion of Alder Avenue, and the City Council does hereby reserve and except from said vacation, permanent easements and rights at any time, or from time to time, to construct, maintain, operate, replace, re- move and renew water pipelines, storm drains and appurtenant structures, as described on Exhibit "A", Item 2, attached hereto, and by this reference incorporated herein, including access and the right to keep said easements free from obstructions and wood growth, and otherwise protect the same from all hazard, in, upon, and over said easements in said portion of Alder Avenue. ,-- 14m 0 1) 3. The Council, pursuant to Section 11616, Business and Professions Code, does hereby partially accept said offer of dedica- tion to the extent of the easement reserved and described hereinabove PASSED, APPROVED AND ADOPTED at a regular meeting of the City . council held this 16th day of May 1972, by the follow- ing vote, to wit: AYES : NOES : None. Cmn. Dunne, Lewis, Chase and Frazee. ABSTAIN i Cmn, McComas. 4TTEST : EXHIBIT "A" 1. Lot E, Carlsbad Manor, Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6503, filed in the office of the County Recorder of San Diego County, October 14, 1969, together with a portion of Alder Avenue described as follows: Beginning at the northwesterly corner of said Lot E; thence north 26O11' east along the westerly boundary of Alder Avenue a distance of 159.44 feet to the beginning of a tangent 25.00 foot radius curve concave southwesterly: thence northwesterly along the arc of last said curve through a central angle of 16°07'31" a distance of 7.04 feet to a point through which a radial line bears south 79O56'31" east: thence south 8O49' east 185.61 feet to a point on the arc of a 25.00 foot radius curve concave southerly, a radial line through said point bears north 81O11' east: thence north- westerly along the arc of last said curve through a central angle of 145°00'00" a distance of 63.27 feet to a point of tangency; thence north 63O49' west along the southerly boundary of Alder Avenue a distance of 60.00 feet to the point of beginning. 2. An easement and rights at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew water pipelines, storm drains and appurtenant structures over the follow- ing described property: Lot E, Carlsbad Manor, Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6503, filed in the office of the County Recorder of San Diego County, October 14, 1969, together with a portion of Alder Avenue described as follows: Beginning at the northwesterly corner of said Lot E; thence north 26O11' east along the westerly boundary of Alder Avenue a distance of 159.44 feet to the beginning of a tangent 25.00 foot radius curve concave southwesterly: thence northwesterly along the arc of last said curve through a central angle of 16°07'31" a distance of 7.04 feet to a point through which a radial line bears south 79O56'31" east: thence south 8O49' east 185.61 feet to a point on the arc of a 25.00 foot radius curve concave southerly, a radial line through said point bears north 81O11' east; thence north- westerly along the arc of last said curve through a central angle of 145°00'00" a distance of 63.27 feet to a point of tangency: thence north 63O49' west along the southerly boundary of Alder Avenue a distance of 60.00 feet to the point of beginning.