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HomeMy WebLinkAbout1979-08-07; City Council; Resolution 5870- ,I 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 0 RESOLUTION NO. 5870 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILJTY DISTRICT NO. 7 AND MAKING ORDERS IN REGARD THERETO WHEREAS, on July 3, 1979, the City Council of the City of Carlsbad adopted Resolution No. 5834 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a public hearing to determine whether or not the public health, safety or welfare requires the formation of an underground utility district in a portion of Carl s bad ; and WHEREAS, pursuant to Resolution No. 5834, a public hearing was held on August 7, 1979, at the hour of 6 p.m., in the Council Chambers in the City Hall , Carlsbad, California, to ascertain whether the public heal thy safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, within that certain area of the City as described in Exhibit "A" and incorporated by reference herein; and WHEREAS, said hearing was also held to determine whether or not the City should continue proceedings to create and implement an underground utility district to accomplish said removal and installation; and WHEREAS, notice of said hearing, in the manner and for the time required by law, was given to all affected utility companies and to property owners as shown on the last equalized assessment roll; and WHEREAS, said hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl sbad , as fol lows : 1. That the above recitations are true and correct. 2. That the Council of the City of Carlsbad hereby finds and 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures , and the underground ins tal 1 - ation of wires and facilities for supplying electric, communication or similar or associated service in the above-described area. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No. 7 of the City of Carlsbad. Attached hereto, as "Exhibit B" and incorporated by reference herein is a map delineating the boundaries of said District. 4. That the City Council finds that said District is in the public interest since the streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. 5. That the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 7 of the adoption of this resolution within ten (10) days after the date of such adoption. copy of this resolution together with a copy of Chapter 11.08 of the Carlsbad Municipal Code to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Such notification shall be made by mailing a 6. That the City Council hereby orders said removal and installation The City Council will fix by subsequent resolution the within said District. time within which such removal and installation shall be accomplished, and within which affected property owners must be ready to receive underground service. xxx xxx xxx xxx 1 2 3 4 5 E 7 E s IC 11 1: 12 14 If 1t 1: 1t 1: 2( 2: 2: 2: 21 21 2t 2' 2l 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 7th day of August , 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Counci ?woman Cas1 er ABSENT: None ATTEST : (SEAL) eXHIBIT "A" TO RES. 5870 PROPOSED UNDERGROUND UTILITY DISTRICT NO. 7 - LEGAL DESCRIPTION Those portions of Lots 133 through 174, Granville Park No. 2, Map 2037. Blocks 3, 4, 5, 6, 10, 12, 15, 16, 182, Town of Carlsbad, Map 775, Tract 95, 96, 97, 98, 100, Carlsbad Lands Map 1661. Tract A, By 200, 201, 202 Thum Lands Map 1681. Lot 4, Frazier Plot, Map 203. Lots 1 through 4, Block A; Lots 1 through 4, Block B; Lots 1 through 6, Block C; Lots 1 through 6, Block D; Lots 1 through 5, Block G; Lots 1 through 6, Block H; Lots 1, Block 1, Palisades, Map 1747. Lots L, M, N, 0, P, Block 1; Lots N, 0, P, Q, R, Block 2, Palisades Heights refiled, Map 1777. All in the City of Carlsbad, County of San Diego, State of California, as recorded in the Office of the County Recorder of said County, described as follows: Beginning at the northeasterly corner of Block 3 in said Town of Carlsbad, being the intersection of the southwesterly right-of-way of Carlsbad Boulevard (Lincoln Street - 100 feet wide) and the northwesterly line to the TRUE POINT OF BEGINNING. Thence along a line parallel with the 20 feet southeasterly of the northeasterly line of said Block 3, 161.5 feet f to the beginning of a circular curve concave easterly having a radius of 1260 feet. distance of 69.85 f feet to the southerly boundary of Lot 152 of said Granville Park 2. Thence along said curve a distance of 1042.14 to a radial line of a circular curve of radius 1110 feet through the East corner of Lot 133 of said Granville Park 2 (said corner being on the West right-of-way of Mountain View Drive and the westerly right-of-way of Carlsbad Boulevard (Coast Highway 100 feet wide) said circular curve also being tangent to line parallel to and 30 feet northeasterly of the right-of-way of Carlsbad Boulevard at the southwesterly corner of Block 4 of said Carlsbad Boulevard. Thence easterly along said radial line 150 feet to a point 30 feet easterly of the easterly right-of-way of said Carlsbad Boulevard. easterly and northeasterly of said right-of-way a distance of 1006.75 feet to a point of tangency of said curve with a line 30 feet northeasterly of said right-of-way of Carlsbad Boulevard. Thence along said line to a point in the southerly boundary of said Granville Park 2; thence continuing along a line parallel with and 30 feet northeasterly of Carlsbad Boulevard (Lincoln Street - 100 feet wide) as shown on said Town of Carlsbad map to the northwesterly boundary of said Tract 96. Thence along said circular curve a Thence along a circular curve being distant 30 feet Thence 50 feet along the southeasterly line of Grand Avenue to a point distance 80 feet from the northeasterly right-of-way line of Carlsbad Boulevard. Thence 50 feet along line parallel with and 80 feet northeasterly of the right-of-way of said Carlsbad Boulevard (Lincoln Street - 100 feet dide). along a line parallel with and 50 feet southeasterly of said northwesterly boundary of Tract 96 to a line parallel with and 30 feet northwesterly of said Carlsbad Boulevard. Thence along said line 30 feet northwesterly of said Carlsbad Boulevard to the northwesterly boundary of Elm Street; thence 50 feet northeasterly along the boundary of said Tract 96 to a line distance 80 feet northeasterly of the southwest corner of Lot 1 of said Tract 98 and parallel to the southerly line of Lot 2 of said Tract 98. Thence along said parallel line to the northwest line of Block 16 of said Town of Carlsbad; thence along the southeasterly line of said Lot 2 to the southwest line of said Block 16. Thence 50 feet Thence along said southwest line to the south corner of Lot 6 of said Block 16; thence southwesterly to the southeast corner of Block 15 of said Town of Carlsbad; thence southeasterly to the northwesterly corner of Block 18 of said Town of Carlsbad; thence along the northwesterly line of Block 18 to the existing north- westerly line of Carlsbad Boulevard (100 feet wide - State Highway 101); thence along said northeasterly line of Carlsbad Boulevard (State Highway 101) to the southwesterly line of Tract 100 of said Carlsbad Lands. Thence along a tangent circular curve of radius 950 feet concave easterly to a point in the southwesterly prolongation of northwesterly right-of-way of Pine Avenue; thence 80 feet along a line at right angles to the southeasterly line of Pine Avenue; thence northeasterly a1 ong the southeasterly right-of-way of Pine Avenue to a line parallel with and 88 feet southwesterly of the northeast line of Tract 201 of said Thum Lands. Thence along said parallel line to a line parallel with and 140 feet southeasterly of the southeasterly line of said Pine Avenue.Thence along said line 70 feet to line parallel with and 158 feet south- westerly of the northeast line of said Tract 201; thence along said parallel line 25 feet to a line parallel with and 115 feet southwesterly of the south- easterly line of said Pine Avenue. Thence along said parallel line to a line parallel with and 208 feet southwesterly of the southwesterly line of Garfield Street. Thence along said parallel line to a line parallel with and 50 feet northeasterly of the northeasterly right-of-way of Carlsbad Boulevard (State Highway 101) said parallel line being distant along the southeasterly right-of-way of Walnut Avenue 102.02 feet from the north line of Lot 2 of Block A of said Palisades. Thence along said line parallel with and 50 feet northeasterly of Carlsbad Boulevard (State Highway 101) to the northwesterly line of Lot 2 of Block I; thence along the southeasterly line of said Lot 2, 50 feet to the northerly line of said Carlsbad Boulevard; thence along the prolongation of said line of Lot 2 to the mean high tide line. line to the southwesterly prolongation of line parallel with and 68.5 feet south- easterly of the right-of-way line of Oak Avenue. Thence along said mean high tide Thence along said prolongation to a line parallel with and 122 feet northeasterly of the northeasterly right-of-way of Ocean Street. Thence along said parallel line 276.5 feet to the northwesterly right-of-way of Oak Avenue; thence along said northwesterly right-of-way of Oak Avenue to a circular curve 20 feet westerly and southwesterly of and concentric with the existing right-of-way of Carlsbad Boulevard (State Highway 101 ) to the southeasterly right-of-way of Elm Avenue. Thence along a line parallel with and 20 feet southwesterly of the existinq right-of-way of Carlsbad Boulevard (Lincoln Street) to the"TRUE POINT OF BEGINNING. " -2-