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HomeMy WebLinkAbout1990-05-08; City Council; Resolution 90-133 (2)13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 oj^ CMC? A aJ . ; « ' , --,; -T}/ 1 •? •' r,C ;HL I s fi w Oil I/* £ J- £" 1 f 4 y I C'rf ^X^OJ'' RESOLUTION NO. 90-133 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 0 CALIFORNIA, SUMMARILY VACATING AN EASEMENT OVER A PORTION ** OF EL CAMINO REAL SOUTHERLY OF THE INTERSECTION WITH COUGAR DRIVE WHEREAS, a request has been made to vacate a portion of El _ Camino Real southerly of the intersection with Cougar Drive;o 6 „ WHEREAS, the center line of El Camino Real was realigned to a position west of the original road alignment and, WHEREAS, the realignment created a surplus area of right- of-way along the easterly side of El Camino Real in excess of that required pursuant to current or future needs and, WHEREAS, all public road improvements have been madeJL</ adjacent to the excess right-of-way in conformance with City standards and the requirements of the Growth Management Program and, WHEREAS, the vacation of this excess right-of-way will facilitate settlement of the City of Carlsbad vs DeLorm/Carlsbad Gateway condemnation suit and, WHEREAS, the excess right-of-way provides no public purpose or usable access to adjoining properties and, WHEREAS, the excess right-of-way has not been maintained as a public right-of-way for a period of five years or more; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an easement for all utility purposes is excepted from this Vacation. 1750 3. That, pursuant to Chapter 1050 of the California Street and Highways Code said excess right-of-way more particularly described as Exhibit A, and shown for the sake of clarity on Exhibit B, be summarily vacated. 4. The City Clerk is authorized to record this resolution in the office of the County Recorder of San Diego 7' ' County. 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the 9 Carlsbad City Council held on the 8th day of MaY 1990 by the following vote, to wit: •*"*• AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: None -1-3 ABSENT: Council Member Pettine 14 15 LAUDE A. LEWIS, Mayor 16 ATTEST: 17 ALETHA L. RAUTENKRANZ, City Ylerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 1751 84136(A)EXHIBIT A 01-22-90 LEGAL DESCRIPTION EL CAMINO REAL VACATION That portion of Lots B and F of the Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, as shown on Map No. 823 in the office of the County Recorder of said County, described as follows: Beginning at the Southeasterly terminus of that certain course shown as "N 21°32'35" W 176.05 feet" on Record of Survey Map No. 10674 in the office of said County Recorder for a portion of the Southwesterly line of Parcel 1 as shown on Parcel Map No. 10060 in the office of said County Recorder, said terminus being also on a curve concave Southwesterly having a radius of 1863.00 feet, a radial line to said terminus bears North 57°44'56" East; thence North 21°32'35" West 176.05 feet along said Southwesterly line to the most Westerly corner of said Parcel 1, said corner being also an angle point in the boundary of that certain 11.00 acre parcel of land shown on Record of Survey Map No. 10421 in the office of said County Recorder; thence continuing North 21°32'35" West 180.83 feet along the most Southwesterly line of said 11.00 acre parcel to a line parallel with and Southeasterly 72.00 feet from the most Northwesterly line of said 11.00 acre parcel; thence South 58°12'45" West 36.31 feet along said parallel line to the beginning of a tangent curve concave Southeasterly having a radius of 1164.00 feet; thence Southwesterly 33.84 feet along said curve through a central angle of 1°39'56" to the beginning of a compound curve concave Easterly having a radius of 25.00 feet; thence Southerly 43.08 feet along said curve through a central angle of 98°44'00" to the beginning of a reverse curve, said curve being the Northwesterly continuation of that certain curve described above as being concave Southwesterly having a radius of 1863.00 feet, said curve being also concentric with and Northeasterly 63.00 feet from the centerline of El Camino Real as shown on said Record of Survey Map No. 10674, a radial line to said curve bears North 47°48'49" East; thence Southeasterly 323.05 feet along said curve through a central angle of 9°56'07" to the point of beginning. Contains an area of 15,320 square feet, more or less. JAMES B. DUNLAP, LS 4189 1752 17782 SKY PARK BOULEVARD IRVINE. CALIFORNIA W714 (714) 241-2222 FAX* (714)474-9120 APPROVED BY sa EL CAMINO REAL, SCALE /''SO' CHECKED BY JOB NO. EXHIBIT B 90 ~2**\§2 mm 22 PH 2=25 NOFEE L vt, UJUNfY RLGUKutH STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Assistant I / , City (.'k'rk of tlie (J'ty of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Resolution//90—133 passed and adopted by said City Council, at „.a regular meeting thereof, at the time and by the vote therein stated, which original Resolution is now on file in my office: that the- same contains a full, true and correct transcript therefrom and of the whole thereof. Witness mv hand and the seal of said Citv of Carlsbad, this ...14t)\lav of May, 1990 (SKA1J