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HomeMy WebLinkAbout1992-01-21; City Council; Resolution 92-25 (2)Recording Requested By and Return To: Ci-ty Clerk 1200 Carlsbad Carlsbad, CA 1 2 3 4 5 6 7 8 9 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Village Dr. 32008 1626 RESOLUTION NO. 92-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. VACATING A PORTION OF IMPALA DRIVE. WHEREAS, the City Council of the City of Carlsbad on December 17. 1991 did adopt Resolution No. 91-404 declaring their intention to vacate a portion of Impala Drive, and WHEREAS, the City Council did find in said Resolution that the proposed vacation was in accordance with the Growth Management policies and consistent with the General Plan, and WHEREAS, all publication and posting of notices regarding the proposed vacation of a portion of Impala Drive, pursuant to said Resolution have been given as required by law, and WHEREAS, the area to be vacated would not be useful as a non-motorized transportation facility, and WHEREAS, the vacation of this right-of-way would result in approximately 1,104 square feet of land being returned to the tax rolls, and WHEREAS, the City Council did hear the evidence offered by all persons interested in said proposed vacation and does find from all the evidence submitted that the portion of Impala Drive proposed to be vacated is unnecessary for present or prospective street purposes. NOW BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code the portion of Impala Drive as described in Exhibit A and shown for the sake of clarity on Exhibit B is hereby vacated , closed up and abandoned for public street purposes. 2. That easements and rights necessary to maintain, operate, replace, remove, or 1627 i 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 renew in-place public facilities are reserved and excepted from the vacation. 3. That the vacation of said portion of Impala Drive is conditioned upon the applicant receiving approval for improvement plans to restore the street section to City standards and entering into a secured agreement for the completion of the improvements to close off the area being vacated. 4. The City Clerk is instructed NOT TO RECORD this Resolution of Vacation until the terms of the above stated Condition have been complied with. 5. From the date the resolution is recorded in the County Recorder's Office, the area vacated no longer constitutes a street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of .Ta^iary . 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: (SEAL) I, City Clerk R. KUNDTZ, Assistant City Clerk 1628 LEGAL DESCRIPTION IMPALA DRIVE VACATION That portion of Impala Drive, shown as Goldenbear Place on Parcel Map No. 12561 and dedicated on Parcel Map No. 11573, in the City of Carlsbad, County of San Diego, State of California, recorded in the office of the County Recorder of said county, being more particularly described as follows: Commencing at the most Northeasterly corner of Parcel 13 of Parcel Map No. 12561; thence along the Easterly boundary line of said Parcel 13, South iroi'58" West 36.00 feet to a point on the Southerly sideline of that portion of land reserved for future street per Parcel Map No. 11573 as shown on said Parcel Map No. 12561; thence along said Southerly sideline North 78°14'55" West 112.73 feet to a point on an arc of a 55.00 foot radius curve concave Northerly, a radial bearing to said point bears South 37°21'48" East, said point being the TRUE POINT OF BEGINNING; thence Westerly along the arc of said curve through a central angle of 90°48'44" a distance of 87.17 feet to a point of reverse curvature of a 20.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 41° 41'51" a distance of 14.56 feet; thence South 78°14'55" East 91.47' feet to the TRUE POINT OF BEGINNING. Contains an area of 1,104 square feet, more or less. Roger Shermak, L.S. 5971 EXHIBIT A Indicates Street Vacation t.104 sft^re feet STREET VACATION* 1MPALA VRtVE fUWCHO SAM1X fE SLWVETWG a MAPPING eO. 80x232660 Ltucodto,Co 92023 pYU|OlT DPHONE'(6/9;942-O6J7 tAHIBIT B 1630 Uiil. A i J8-FEB-4 07 s 30 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Assistant 1. / , City ('lork of tlu1 (Jity of ('arlsliad, (Bounty of S;in Diego, State of California. hereby certify that I have compared the foregoing copy with the original Resolution No. 92-25 passed and adopted by said City Council, at _..«* ..^Sula.r meeting thereof, at the time and by the vote therein statc-d. which original Resolution js n()w on fj|(. j,, 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 !Qthdav of February? .1994 . SKAU