1988-083 Vacation 13thI~SO~ION NO. 88-83
A RESOLUTION OF T~R CITY COUNCIL
OF THE CITY OF ENCINITAS
VACATING THE NORTH 10 FEET OF 13TH STREET
ADJACENT TO PROPERTY KNOWN AS LOT 6, NAP 1195~
SOUTHEAST OF RANCHO SANTA FE ROAD AND OLIVE CREST DRIVE
WHEREAS, Proposed Vacation 88-118 has been submitted
relating to a portion' of an existing 13TH Street;
WHEREAS, the city Council on the 24th day of August, 1988
adopted Resolution Number 88-77 expressing an intention to
vacate the portions of easement as shown on Attachment "A";
WHEREAS, the public has been given proper notice of the
hearing on the vacation and all desiring to be heard have been
heald.
NOW THEREFORE, BE IT RESOLVED by the city Council of the
City of Encinitas that the proposed right-of-way vacation shown
on Attachment "A" ishereby accepted for vacating subject to an
easement being reserved therein for utility purposes and the
following findings in support of the referenced vacation are
made:
The vacation is exempt from Environmental Review
pursuant to Section 15312 of California
EnvirOnmental Quality Act because the land does not
have significant value for wildlife habitat or other
environmental purposes and the property is of such
size, shape, or inaccessibility that it is incapable
of independent development or use. ~ ·
The portion of road being Vacated is unnecessary for
present, or-prospective public use as a travelled way
because the-land is of such size and shape that it is
BW/04/CM9-1102wp (9-7-88-2)
incapable of independent development or use and
pedestrians, automobiles and equestrians have access
over nearby easements for access and recreation
purposes.
BE IT FURTHER RESOLVED that the City Manager is authorized
to execute any necessary documents, including, but not limited
to, deeds to transfer an interest in the vacated rights-of-way
to the person or per~ons having an interest in the property as
proven to the satisfaction of the City Manager by certified
Title Reports furnished by the applicant or claimant.
PASSED AND ADOPTED this 14th day of September, 1988, by
the following vote, to wit:
AYES:
NAYES: None
ABSTAIN: None
ABSENT: None
Gaines, Luke, Omsted, Shea, Steel
ATTEST:
E, POOL, City Clerk
D P. SHEA, Mayor of the
City of Encinitas, California
BW/04/CM9-1102wp (9-7-88-2)
Book #
SDE 3394
7-25-88
LEGAL DESCRIPTION
ALL THAT PORTION OF wEsT 13TH STREET OF COLONY OLIVENHAIN, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC-
CORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JULY 8, 1885 TOGETHER WITH A POR-
TION OF LOT 6 OF CITY OF ENCINITAS TRACT NO. 4436 ACCORDING TO
MAP THEREOF NO. 11956, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON NOVEMBER 16, 1987, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6 OF MAP NO. 11956,
THENCE NORT~HWESTERLY ALONG THE SOUTHWESTERLY LINE'THEREOF, NORTH
72°08'15'' WES~ 7.99 FEET TO A POINT ON THE'ARC OF A NON-TANGENT,
48.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO
SAID POINT BEARS NORTH 51°25'03'' EAST; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THRU A CENTRAL ANGLE .OF 67°06'44'' A DIS-
TANCE OF 56.22 FEET TO THE INTERSECTION WITH SAID SOUTHWESTERLY
LINE OF LOT 6; THENCE NORTHWESTERLY ALONG SAID LINE, NORTH
72°08'15'' WEST, 67.28 FEET TO A POINT ON THE ARC OF A NON-
TANGENT, 1916.59 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, SAID
CURVE BEING THE NORTHERLY LINE OF A STRIP OF LAND SHOWN AS
"RESERVED FOR FUTURE STREET" ON SAID MAP NO. 11956, A RADIAL LINE
TO SAID POINT BEARS SOUTH 45°52'49'' WEST; THENCE SOUTHEASTERLY
ALONG THE PROLONGATION OF THE NORTHERLY LINE OF SAID STRIP THRU A
CENTRAL ANGLE OF 0°38'36'' A DISTANCE OF 21.52 FEET TO A LINE RUN-
NING PARALLEL TO AND 10.00 FEET SOUTHWESTERLY OF SAID SOUTH-
WESTERLY LINE OF LOT 6; THENCE SOUTHEASTERLY ALONG SAID PARALLEL
LINE, SOUTH 72°08'15'' EAST, 109.80 FEET TO THE SOUTHWESTERLY
PROLONGATION OF THE EASTERLY LINE OF SAID MAP NO. 11956; THENCE
NORTHEASTERLY ALONG SAID PROLONGATION, NORTH 14°51'54'' EAST,
10.01 FEET TO THE POINT OF BEGINNING.
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