1998-057 Vacation Eugenie Ave Recording Requested by: )
City of Encinitas )
)
When Recorded, Mail to: )
City Clerk
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the City ) SPACE ABOVE FOR RECORDER'S
USE ONLY
APN: 256-231-05, 256-231-12
256-231-15, 256-231-16
256-231-20, 256-231-25
RESOLUTION NO. 98-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, APPROVING THE SUMMARY VACATION, OF A PORTION OF RIGHT-
OF-WAY ON EUGENIE AVENUE, IN LEUCADIA
WHEREAS, Thomas G. Uter and Diane U. Deneen made an application to
vacate right-of-way on Eugenie Avenue in the community of
Leucadia; and
WHEREAS, the vacation proceedings are conducted under Chapter 4 of
Part 3 of the State of California Streets and Highway Code, and
WHEREAS, On June 15, 1994, the City Council adopted a motion in
the Leucadia Boulevard design to cul-de-sac Eugenie Avenue; and
WHEREAS, On May 11, 1998, city staff distributed notices to
residents within 300 feet of the proposed vacation and to all
public utility companies, and
WHEREAS, the City Council of the City of Encinitas on July 15,
1998, heard all persons interested in the proposed vacation at
6:00 p.m. in the City of Encinitas Council Chambers, 505 South
Vulcan Avenue, Encinitas, CA 92024; and
NOW BE IT THEREFORE RESOLVED that the City Council of the City of
Encinitas, adopts the resolution to summary vacate right-of-way on
Eugenie Avenue as described in Exhibits "A" and "B" in accordance
with the following:
RES5932.doc VA5525 bak 07-07-98
1. The Project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
2. The project as proposed complies with the California
Environmental Quality Act since it is exempt form
environmental review.
3. There is no present or prospective public use for the
right-of-way.
RESERVING AND EXCEPTING from vacation and abandonment, a
perpetual easement described as the portion of land of the
attached Exhibit "C" to San Dieguito Water District in, upon,
over and across the lands hereinafter described, for the purpose
of locating, relocating, constructing, reconstructing,
maintaining, operating, inspecting and repairing a pipe line or
pipe lines, and all fixtures and appurtenances incidental thereto
for use in connection therewith, for the transmission and
distribution of water and all uses and purposes incidental
thereto, together with the right of ingress thereto and egress
therefrom, to and along said easement, together with the right to
clear and keep clear said easement from buildings, structures,
trees and other material growths deemed detrimental to the
purposes previously described, together with the right to require
permission for any proposed change of grade over the easement;
and
RESERVING AND EXCEPTING from vacation and abandonment easements
and rights pursuant to San Diego Gas & Electric for any public
utility pursuant to any existing franchise or renewal thereof, at
any time, of from time to time, to construct, maintain, operate,
replace, remove, renew, and enlarge overhead or underground lines
of pipe, conduits, cables, wires, poles, and other structures,
equipment, and fixtures for the transportation and distribution of
electrical or electronic energy and natural gas, and the
transportation and distribution of communication signals and for
incidental purposes including access to protect the property from
all hazards in, upon, over, and across all that portion of land of
the attached Exhibit "A"; and
RESERVING AND EXCEPTING from vacation and abandonment easements
and rights incidental purposes including private road and public
utilities in, upon, over, and across the describe portion of land
of the attached Exhibit "D" ;
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PASSED AND ADOPTED this 15Th day of July, 1998, by the following
vote to wit:
AYES Aspell, Bond, Cameron, Davis, DuVivier
NAYS None
ABSENT: None
ABSTAIN: None
//
/ Lou Aspell, Mayor
City of Encinitas
ATTEST:
Deborah Cervone, City Clerk
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EXHIBIT "A" - LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION
PARCEL "A"
1N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION THE PUBLIC
ROAD EASMENT IN PARCEL 1 OF PARCEL MAP No. 14121, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY ON JANUARY 21, 1986, SAID EASEMENT
HAVING BEEN GRANTED BY SAID MAP AND SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THE EASTERLy SIDELINE OF SAID
EASEMENT; THENCE ALONG SAID SIDELINE NORTH 1°58'17" EAST 8.63 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS
OF 30.00 FEET; THENCE LEAVING SAID SIDELINE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 24°37'12" AN ARC DISTANCE OF 12.89 FEET TO
A POINT OF REVERSE CURVATURE WITH A TANGENT CURVE, CONCAVE WESTERLy,
HAVING A RADIUS OF 30.50 FEET, WITH A RADIAL BEARING OF SAID CURVE
THROUGH SAID POINT BEARING SOUTH 63°24'31" EAST; THENCE NORTHERLy
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59034'05.' AN ARC DISTANCE
OF 31.71 FEET TO A POINT OF INTERSECTION WiTH SAID EASTERLY SIDELINE,
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID CURVE NORTHWESTERLy THROUGH A CENTRAL ANGLE OF 45036'55'' AN ARC
DISTANCE OF 24.28 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY
SIDELINE OF SAID EASEMENT; THENCE ALONG SAID WESTERLY SIDELINE NORTH
1°58'17'' EAST 40.42 FEET TO THE NORTI-FvVEST CORNER OF SAID EASEMENT;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID EASEMENT SOUTH 89041'33''
EAST 20.01 FEET TO THE NORTHEAST CORNER OF SAID EASMENT; THENCE
ALONG THE EASTERLY SIDELINE OF SAID EASEMENT SOUTH 1°58'17" WEST 53.61
FEET TO THE TRUE POINT OF BEGINNING;
THE HEREINABOVE-DESCRIBED PARCEL CONTAINS 0.021 ACRE, MORE OR LESS.
EXHIBIT "B" - PLAT FOR R/W VACATION
IN THECOUNTY OF SAN DIEGO, STATE OF CALIFORNIA
LOT 21
LO F 2 MAP NO. 2355
10
[[N89'5~'30"W 295.56D
~ -
~ '~ LEGEND
( ) - MAP 3822
~ ~ [ ] - MAP ~547
~ ~' ~ ~ [[ ]] MAP 2355
~ ' ~ ~ ~STREET VACAnON
~ R=50.5'
~N57'01
o ~ D-59 ~ 05
~ ~ .~ ~ . .~ ~L=~1.7~'
PARCEL) X '- ~ ~ ' ~ o ~/ ~ R=~O' SCALE: l"
,~ ~ N~ NOI'58'17"E/
~ N89'~O"W ~ ~.0.~. - SO'LY TERmiNUS OF ELY
I 7.00 I~ SIDELINE OF PUBLIC ROAD ESM'T
PROJECT
~ ~ SI~
L.S. 7226
[ SlOONIA
NO SCALE
EXHIBIT "C" - RESERVATION: LEGAL DESCRIPTION
FOR SAN DIEGUITO WATER DISTRICT EASEMENT
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION OF THE PUBLIC
ROAD EASEMENT IN PARCEL 1 OF PARCEL MAP No. 14121, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY OF JANUARY 21, 1986, SAID EASEMENT
HAVING BEEN GRANTED BY SAID MAP AND SAID RESERVATION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 10 FEET OF SAID PARCEL 1 OF SAID MAP.
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EXHIBIT "D" - RESERVATION: LEGAL DESCRIPTION
FOR PRIVATE ROAD AND UTILITIES EASEMENT
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION OF THE PUBLIC
ROAD EASEMENT 1N PARCEL 1 OF PARCEL MAP No. 14121, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY OF JANUARY 21, 1986, SAID EASEMENT
HAVING BEEN GRANTED BY SAID MAP AND SAID RESERVATION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 2 FEET OF SAID PARCEL 1 OF SAID MAP.
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