1988-053 Vacation 5th/E StRESOLUTZON NO. 88-53
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OFENCINITAS, C~TXFORNIA
~ING VACATION FAC 86-029
FOR PROPERTY LOCATED AT FIFTH AND mEm STREETS
WHEREAS, a noticed, public hearing was conducted by the
City Council, on May 26, 1987 at which time documentary and
oral information was presented and considered. A copy of the
application is attached hereto marked "Attachment A" and
incorporated herein by this reference as though fully set
forth, and
WHEREAS, certain minor administrative errors were made in
........... the
which was passed and adopted on June 8, 1987, therefcue,
BE IT RESOLVED by the City Council of the City of
Encinitas, that based upon the information presented during
the hearing of this matter, the City Council finds as follows:
Pursuant to Article 20 of the San Diego County
Procedures for Environmental Impact Review, the
requested vacation is not subject to the
environmental review process, because it has been
determined with certainty that this type of project
will not have a significant effect on the
environment.
Pursuant to Section 65402 of the Government Code the
requested vacation conforms to the City General Plan
with respect to location, purpose, extent.
Pursuant to the Streets and Highway Code the subject
right-of-way is not useful as a non-motorized
transportation facility and is unnecessary for
present or prospective use as a City Street, Highway,
or Public Service Easement.
BE IT FURTHER RESOLVED that the attached Staff Report
referred to as Attachment "B" is incorporated h~rein by
reference as though fully set forth.
TS/04/CRO2-78WP 1(6-16-88)
BE IT FURTHER RESOLVED that the approval of
subject to the following conditions:
VAC86-029 be
The vacation of 5th Street shall not become effective
until provisions acceptable to the Director of Public
Works for a standard knuckle at the intersection of
"E" Street and Fifth Street and a private road
easement is recorded between and for the benefit of
all properties fronting on 5th Street between Rancho
Santa Fe Road and 28 feet west of the centerline of
"E" Street. The applicants for tentative parcel maps
18493 and 18494 shall also construct a 12 foot wide
driveway between existing driveways and "E" Street to
the satisfaction of the Encinitas Fire Protection
District. This condition may be complied with before
or concurrent with the recording of parcel maps
pursuant to TPMS 18493 and 18494.
have access and utility easements over, under and
through the private road easements recorded after the
vacation becomes effective.
The vacation of "E" Street shall not become effective
until provisions acceptable to the Director of
Public Works have been made for the improvement of
7th Street between Rancho Santa Fe Road and "E"
Street from 7th Street to the ~outherly terminus of
"E" Street at 5th Street.
Said improvements for 7th Street and "E" skall be to
a paved width of 20 feet. The right of way shall be
56 feet except south of TPM 18705 where the easterly
vacation shall result in a right of way half width of
31 feet east of centerline of "E" Street. All
improvements shall otherwise conform to private road
standards in effect within the City of Encinitas at
the time of completion or execution of secured
agreement for said improvements.
This condition supersedes those conditions contained
within final notices of approval for TPMs 18493,
18494, 18705, and 18579. This condition shall be
treated as though-fully set forth as a resolution
amendment to the aforementioned tentative parcel
maps.
TS/04/CRO2-78WP 2 (6-16-88)
PASSED AND ADOPTED this 22nd day of June , 19 85 by
the following vote, to wit:
AYES: Gaines, Omsted, Luke, Shea, and Steel
NAYS: None
ABSENT: None
RICHARD P. SHEA
Mayor of the city of
Encinitas, California
ATTEST:
I, E. JANE POOL, City Clerk of the City of Encinitas,
California do hereby certify under penalty of perjury that the
above and foregoing is a true and correct copy of this document
on file in my office. In witness whereof I have set may hand
and the Seal of the City of Encinitas this
day of , 19__
E. Jane Pool, City Clerk
TS/04/CRO2-78WP 3(6-16-88)
County of San Diego
Department of Planning and Lard
5201 Ruffin Road, Suite B
San Diego, California 92123
565-5981
DEPARTMENT USE*ONLY-
.. ,: !:;.....!;: 'AppLICATI°N
ADMIN. PERMIT
· ,. ,:..,: ~i'.;,
'," CC
BA/CC ::::;
MAJOR USEpERMIT ~
U~£:Pi~'RM1
ROAD OpEN IN
ROAD
SITEP:
~ECIFI[
DEPT. OF' PLANNING
& LAND
DISCRETIONARY PERM;T AP~LI :ATION FORM
'~,~'~' :"' ~EE' ,:~ ,':':':,:':~' ;'::~':,:;~:. APPEl'CATION
APPLICANT - Please complete the following:
Applicant Name
Applicant Address
TRS Consultants
99 O 9 H u e n~<~?~sJ~i~. /.i~i~/ pr m~,,
· ~e. zzu
Phone
458-0458
SAN DIEGO State
Engineer Name PASCO ENGINEERING (Wayne Pasco)
~ (~ a~ F ir~,.Midd/e I~nitial pr F ir~n~
Engineer Address 2103 ~z camzno ~eaz, ~uz~e 104B
CA
Phone( 619 )
Zip ~ 21 21
433-8515
~ty Oceanside
State C A
Zip 92054
· Owners Name
aw, ner Address
city
Project Name
DAN SHELLEY, et al.
, (L~, Fi~. Middle Init~l or Fi~
c/o Pasco Enq, as above
State
"E" Street Vacations
Phone( 61 .9 ) 433-8515
Zip
~jectParcel No. ~,~UT/~C/~/V7''' TO
~oject Address _~ 7'
Between RANCHO SANTA· FE ROAD
/::! fT# s T
./
Tax Rate Area
DPLNo. 346 (4/85}
CITY OF ENCINITA8 ~
Enc~nitas Boulevard, Suite 100
Enoinltas, Californ~a 92024
(~g) g44-5050
TO:
FROM:
Warren Sharer, City Manager
Bill Weedman, Senior Planner
MEETING DATE: June 8, 1987
SUBJECT:
Road Vacation; VAC 86-029, Pasco Engineering,
applicant for vacation of portions of "E" Street and
Fifth Street.
DESCRIPTION:
Request to vacate excess right of way ~-~FEii--~S-t'f~et~ hOrth--of~'-Fift~h
Street and Fifth Street east of "E" Street.
RECOMMENDATION:
Adopt the attached Resolution 87-50 which makes the necessary
findings and approves the road vacation subject to condition.
DISCUSSION:
Reference is made to the attached letter of June 1, 1987 from Betty
Simm Regarding a perceived discrepancy in the testimony and outcome
of the BZA hearing and the City Council Hearing.
Mrs. Simm asked that certain conditions regarding:
a. blacktop surface at 20 feet to City Standards;
b. 8 foot clear dirt bridle path along the westerly side of
"E" Street adjacent to blacktop street;
c. the protection of fifty year old palm trees at the Corner
of "E" and 5th Streets;
be added to the resolution approving the vacation.
Staff has prepared a resolution which requires surfacing pursuant
to standards.
Mrs. Simm's concerns regarding the riding and hiking trails will
be addressed as part of ~he circulation element of the General
Plan. The location and improvement of the trails will be
established during the adoption of the plan. Sufficient room along
the 56 foot right of way will remain for riding and hiking trails
since the pavement will only be 20 feet.
The applicant did express in the hearing that every precaution will
be taken to protect the 50 year old palms at 5th and "E" Streets.
· LEGAL DESCRIPTION
PARCEL 1
A STRIP OF LAND 12.00 FEET IN WIDTH LYING WITHIN THE WESTERLY
HALF OF "E" STREET IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE EASTERLY
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET
AND E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET NORTH
73'11'00" WEST 28.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL WITH AND 28.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES
~-~ FROM TO THE CENTERLINE OF SAID "E" STREET NORTHERLY TO THE
..... EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 31 OF S~ID
MAP NO. 326.
LEGAL DESCRIPTION
PARCEL 2
A STRIP OF LAND 12.00 FEET IN WIDTH LYING WITHIN THE EASTERLY
HALF OF "E" STREET IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE WESTERLY
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
.............................. COMMENCING-AT ..... THE-INTERSECTI'ON OF-THE--CENTERSINEOF ~6TH~TREET
AND E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET SOUTH
73'11'00" EAST 28.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL WITH AND 28.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES
FROM THE CENTERLINE OF SAID "E" STREET NORTHERLY TO THE
CENTERLINE OF 7TH STREET AS SHOWN ON SAID MAP NO. 326.
Book
LEGAL DESCRIPTION
PARCEL 3
A STRIP OF LAND 12.00 FEET IN WIDTH LYING WITHIN THE WESTERLY
HALF OF "E" STREET IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE EASTELY
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
.................... CQMMENCING A~_~}~.~INTERSECTION OF-THE ....... CENTERLINE-OF-6TH-STREE~ ...........
·AND E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET NORTH
73°11'00'' WESTi. 28.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL WITH AND 28.00 FEET WESTERLy, MEASURED AT RIGHT ANGLES
FROM THE CENTERLINE OF SAID "E" STREET SOUTHERLY TO THE
EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2! AS SI{OWN
ON SAID MAP NO. 326.
LEGAL DESCRIPTION
PARCEL 4
A STRIP OF LAND 12.00 FEET IN WIDTH LYING WITHIN THE EASTERLY
HALF OF "E" STREET AND ADJACENT TO THAT LAND DESCRIBED IN DEED TO
DANIEL H. WIEGAND, RECORDED AUGUST 11, 1981 AS FILE NO. 81-
254287, IN THE COUNTY OF SAN D/EGO, STATE OF CALIFORNIA, BEING
............. THE-NORTH--~DNE--QUAt~£ER ..... OF'-~BLOCK .... 27'~~ -IN--THE-COUNTY-DF~SAN-DIEGO~-
STATE OF CALIf'ORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE
WESTERLY LINE Of' WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET AND
E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET SOUTH
73"11'00" EAST 28.00 FEET; THENCE PARALLEL WITH AND 28.00 FEET
EASTERLY, MEASURED AT RI¢~HT ANGLES FROM THE CENTERLINE OF SAID
"E" STREET SOUTHERLY TO THE WESTERLY PROLONGATION OF THE SOUTH
LINE OF SAID WIEGAND LAND.
LEGAL DESCRIPTION
PARCEL 5
A STRIP OF LAND 9.00 FEET IN WIDTH LYING WITHIN THE EASTERLY
HALF OF "E" STREET IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFf'ICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE WESTERLY
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET AND
E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET SOUTH
73"11'00'' EAST 31.00 FEET; THENCE PARALLEL WITH AND 31.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF SAID
"E" STREET SOUTHERLY TO THE PROLONGATION OF THE SOUTH LINE OF
THAT LAND DESCRIBED IN DEED TO DANIEL H. WIEGAND, RECORDED AUGUST'
11, 1981 AS FILE NO. 81-254287 IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, BEING THE TRUE POINT OF BEGINNING~ THENCE CONTINUING
PARALLEL WITH AND 31.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES
FROM THE ,. CENTERL I NE OF SAID "E" STREET SOUTHERLY 503.10 FEET.
L~GAL DESCR!PTION
PARCEL '6
A STRIP OF LAND 40.00 f'EET IN WIDTH BEING THE NORTHERLY HALf~ OF
5TH STREET ADJACENT TO BLOCK 26 IN THE COUNTY OF SAN D~EGO, STATE
OF CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFF1CE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, SULY 8, 1885.
LEGAL DESCRIPTION
PARCEL 7
A STRIP OF LAND 40.00 FEET IN WIDTH BEING THE SOUTHERLY HALF OF
5TH STREET ADJACENT TO BLOCK 21 IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA ACCORDING 7'0 MAP NO. 326, F1LED IN THE Of'FICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885.
'EXHIBIT 'A"
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6th STREET VAOATED
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"E~' STREET VACATED
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BLK. 2.7
BLK. 28
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Book #
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C01d. TO
LOTS g&lO eL. K7
MAP
MAP 1548 - RHO LAS ENC
MAP 326 -COLONY OLIVE
R CiS.,4 807~ 4 853, 5495;640
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Book
:/,/~CORDZNG P, EOUESTED BY:
,AND MIEN RECORDED FLAIL TO:
./'"*~.~rdiff Sanitation District
{MS-0384}
5565 Overland Avenue
San Diego, CA 92123 r,~COi~OED REQUEST OF
DEPT. GENERAL SERVICES
NO TRANSFER TAX DUE
t588 JUN-I ~H 9:09
U ~:.('.t,b ',u .
SPACE ABOVE FOR RECORDER'S USE ONLY
NO F~
NOTICE OF PUBLIC EASEMENT
WHEREAS, the Cardiff Sanitation District, a public agency, has a sewer pipeline
and appurtenances installed in a portion of 6th Street and a portion of "E"
Street, in the City of Encinitas, County of San. Diego, State of California,
which said facility was installed in a then ~public right of way, 80.00 feet
wi de;
AND WHEREAS, said facility has been, is, and will be, used for the transmission
of sewage and is required for the public good;
Encinitas, recorded December 7, 1987 as File/Page No, 87-674382 in the Office
of the County Recorder of San Diego County, a portion of said 5th Street and
said "E" Street were vacated and closed to public use, said portion of 5th
Street and said "E" Street so vacated are shown on the attached plat marked
EXHIBIT "A" attached hereto and made a part hereof;
AND WHEREAS, said Resolution No. 87-50 failed to reserve easements for existing
public facilities in said portions of 5th Street and "E" Street so vacated;
NOW THEREFORE, Pursuant to Section 8348{C) of the Streets and Highways Code of
the State of California, the Cardiff Sanitation District hereby gives notice
of its facilities and of its public easement within said portions of 5th Street
and "E" Street so vacated,
4/5-014/dr
CARDIFF SANITATION DISTRICT
By:
GRANVILLE M, BOWMAN, District Engineer
]~%RK S. WESTON
DEPUTY COUNTY ENgZh'31~
JUN 0 1198'I)
Book #
OLIVENHAIN HUNICIPAL WATER DISTRICT
AND WHEN II, ECOI~E,D ~,%A, lk. TO:
OLIVENHAIN M~ZCIP~ ~T~
- DISTRICT
~KE~ 1966 01ivenhain aoa~
ADD~
C~ California
~A~ 92024
88 258216
lge~ J,~l -I ,AR 9:. 09
'3~18 sp~ce ~or R~corder's .ne
FEE
NO FEE
NOTIC~ OF POBLIC EASEMENT
Wur~J~%S, The Olivenhain Municlpal Water District, a public agency, has a water pipe-
line and appurtenances installed in a portion of 5th Street, in.the City of E~cinitas,
County of San Diego, State of California, which said facility was installed in a then
public right of way, 80.00 feet wide;
AND Wfu~EAS, said facility has been, is, and will be, used for the transmission of
AND WHERF~%S, by Resolution No. 87-50 of the City Council of the City of Encinitas,
recorded December 7, 1987, as Instrument No. 87-674382 of Official Records in =he
Office of the County Recorder of San Diego County, a portion of said 5th Street was
vacated and closed to public use, said portion of 5th Street so vacated is shown on
the attached plat marked EXHIBIT 'A' attached hereto and made a part hereof;
AND W~u~AS, said Resoiution No. 87-50 failed to reserve easements for existing public
facilities in said portion of 5th Street so vacated, as required by 8340(c) and 8341
of the Streets and Highway Code:
NOW T~]~P.E~O~E, pursuant to Section 8348(C) of the Streets and Highways Code of the
State of California, the Olivenhain Municipal Water District hereby gives notice of
its facilities and of its public easement within said portion of 5th Street ~;~ vacated.
Assistant Secretary
· I'M~ bm lmm ~ :~/of th? rccom '
,,~.m.==.=m~,~,n~e~ ~,~-"r' ~'-..
JUN 0 1988 ~? SEAL
-o ....
Book # I
OF C^UFO~tA _
STAT~
COUN'D~ OF SAN DIEGO
the under~a~ed. ~ Notal~' ~uhl~c in
ink,mere ~ ~ Pre~ent a~
~/~ ~ ~creta~' of the OUV~HAIN
UNICIPAL ~AT~ DI~EI~ and
knowle~~ ~LIVENHAIN MUNICIPAL
WA ~ ' it.
Nma~' Pu~t~c ~n and ~or ~id Count' and Sta~e
EXHIBIT "A"
BLK. ,~6 :r
5th STREET VACATI~
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BLK. 22
EXHIBIT "A"
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BLF~ 27 ~ ~
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BLK. 28
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MAPt548-RHO LAS ENCI:
MAP 326 -COLON~ OLIVEh
ROS 4B07, 4853.sag5:6J07
Book # _~___~Pa~e
Order No.
Escrow No.
Loan No.
_~.~H E N RECORDED
!
MAIL TO:
SPACE AaOVE THIS LINE FOR RECORDER'$ USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $._.~-..~.?-.~-./C~. ........................
...... Computed on the consideration or veluI of p~operty conveyed; OR
...... Comput~ O~hLc~l~lrltio~ et vllut las lilnl Ot l~umbrln¢li
EASEMENT
GRANT DEED
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged.
CHARLES G. DUVIVIER and KATHRYN S. DUVIVIER, husband and wife as Joint tenants
hereby GRANT(S) to VIRGIL D. MARSHALL and CAROL A. MARSHALL, husband and wife as Joint
..... t ena_n~_sj ___W_ILL I.AM.D. _._TOU.~__S.A INT_ ,_ J__R..~.._an_d_ ROBERTA .TOU$ SAINT., ..hus..ban_.d__ ~n__d..wi_f _e___aS_ cpmm_uni
property; and KERRY JAY WATKIN and ROBIN L. WATKIN, husband and wife as joint tenants
the real property in the City of Encinitas
County of San Diego . State of Califorr~ia, described as
Au easement for road and utility purposes, over, unde~ along and across that portion of
the Easterly 156 feet of Block 26 of THE COLONY OLIVENHAIN, in the City of Encinitas,
/~ounty of San Diego, State of California, according to Map thereof No. 326, filed in the
~ffice of the County Recorder of San Diego County, July 8, 1885. EXCEPTING THE[F. FROM
~he Northerly 289 feet thereof.
Together with that portion of the North Half of Fifth Street adjacent to said Parcel
as vacated by the City Council of the City of Encinitas on May 26, 1987 and recorded
December 7, 1987 as File No. 87-674382 of Official Records.
Together with that portion of the West 12 feet of "E" Street adjacent to said parcel
as vacated by the City Council of the City of Encinttas on May 26, 1987 and recorded
December 7, 1987 as File No. 87-674382 of Official Records, described as follows:
Commencing at a point in the Westerly line of "E" Street 28.00 feet from the centerline
thereof and its intersection with the centerline of 5th Street, thence; Northerly along
said Westerly line 7.00 feet to the TRUE POINT OF BEGINNING, thence; retracing last said
course, thence; Westerly 7.00 feet along the centerline of said 5th Street, thence; 9.7
feet to the TRUE POINT OF BEGINNING.
Said easement is hereby declared to be appurtenant to and for the use and benifit of
' 'thereto. '-~~.~ ~_~ ~,,~
the Grantee s and their successor s
Outed. January 25, 1988
STATE OF CALJEORNIA. .... }ss.
COUNTY OF' ~ ~t"~ L~ 'L 'lm~"'/ } ~//~/~[~/1 S '~/~
O. January 25. 1988 ~ , ,
be/ore me, the undersigned, a Nota~/Public in and for said State, i~er. /~ ~7'$~ ~/~. ,.~, p~-~ 2~M'/~/~--~
.na,ve~ar,d Charles G. DuVivier and
Ka~hryn S. DuVivier
/'~"~ersomally known to me (or proved to me the basis of on
Hdence) to be the person(s) whose name(s) is/are subsc~bed to the
-~-..,~within Instrument and acknowledged to me thai he/she/they executed
Signatur~
MAIL TAX STATEMENTS AS DIRECTED ABOVE
(This area for official notarial sell)
1002 (6/82)
~,~..#,
,,:, Page #--~
~)~,, No.
Etc~w No.
L~en No.
WHEN RECORDED MAIL TO:
CHAISES G. DUVXV~R
169 ~ARCeJO SAHTA FE DRZVE
MAIL TAX STATEMENTS TO:
en accommodation only. It ,%os not
FOR A VALUABLE CONSIDERATION. r~ipt of ~
~y GRANT(S) to VZRG~ D. ~S~L ~ ~L
~S; DAV~ H. ~ ~. ~ JO~L~
~Y JAY V~IH ~ ~)l~ L. ~ZH, ~S~
the reel ~o~rty iff the City of ~C~ZTAS
~nty of S~ DZ~
An ePB~e~c [o~ Feed I~d utility purposes, over, under, ~1on~ &nd ecroeo chit portion of
the Easterly 156 feet of Block 26 of ~E CO~ OL/V~IN, Ln the CLty of Enclntt~,
County of San D~e8o, State o~ CalLfornla. accordta~ to ~p thereof ~o. 326. f~led La the
the ~o=tberly 289 feet thereo~.
Togethe~ vtth that porcton of the ,orch HaLf of Fifth Street adjacent to ea~d Parcel
~ vacated by the C~ty Co~nc~J of the C~ty of Enc~nital on hy 26~ ~987 ~nd recorded
December 7. ~987 as FLle No. 87-674382 of OffLcLal Records.
Tolecher v/Ch that porCLon of the ~esc L2 feet of '*E" Strait ld~aclnc to laLd p~rcel
December 2, 1982 as File No. 8~-671382 of Official Records~ described ~s foll~s:
C~enctn8 at a point tn the Yesterly line of 'E" Street 28.~ feet fr~ the c~terl~e
thereof ~nd /ts intersection vith the centegl~ne of 5th
satd Vesterly line 7.00 ~eet to the ~UE ~OI~ OF B~X~ZHO, thence; Fetroc~s list ~d
course, thence; Vesterly 7.~ ~eeC &Lon~ the centerllne of sa/d 5th Street, thence; 9.7
~eet to the ~UE ~OZ~ OF
Said easement Ls hereby declared to be Appurteni~t
259-211-29, 30 end 31.
May 20, 1993
I
May 20, 1988
m.~.CHARL£S G. DUVIVIER and
KATHRYN S. DUVIVIER
J