1993-029 Intention to Vacate Rossini Dr, Rubenstein Dr, and Brahms RdRESOLUTION NO. 93-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
OF INTENTION TO VACATE A PORTION OF ROSSINI DRIVE,
RUBENSTEIN DRIVEr AND BRAHMS ROAD
IN CARDIFF-BY-THE-SEA
WHEREAS, a request for the vacation of a portion of Rossini Drive,
Rubenstein Drive, and Brahms Road has been received by Tom Pearson,
on behalf of the Dorothea P. smith, who is the owner of the
property adjoining the above mentioned streets; and
WHEREAS, the vacation proceedings are to be conducted under Chapter
3 of Part 3 of the State of California Streets and Highways Code;
and
WHEREAS, the City Council of the City of Encinitas will hear all
persons interested in the proposed vacation on May 12, 1993 at 7:00
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 has adopted the resolution of intention to vacate a
portion of Rossini Drive, Rubenstein Drive, and Brahms Road as
described and shown in Exhibit "A". This resolution of intention
shall be published and posted in a manner prescribed in Sections
8322 and 8323 of the State of California Streets and Highways Code.
PASSED AND ADOPTED this 14th
1993, by the following vote, to wit:
day of ADril ,
A. YES:
Bond, Davis, DuVivier, Hano, Wiegand
NAYS: None
ABSENT: None
ABSTAIN: NOne
ATTEST:
J~ -Davis,, ~ayor
Fty of Encinitas
E .~j ~Poo 1, C i~ty~CC lerk
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
STREET VACATION
AND RESERVING SLOPE RIGHTS AND DRAINAGE EASEMENT
FOR ROSSINI DRIVE
J.N. 91-114.2
October 6, 1992
EV
All that portion of Right-of-Way for Public Highway in Block 98 (Rossini Park), Cardiff Vista, in the City of Encinitas,
County of San Diego, State of California, according to Map thereof No. 1547 recorded in the office of the County
Recorder of San Diego County March 18, 1913 as reserved in Book 5147 at Page 272 of Official Records recorded
February 19, 1954 and more particularly described as follows:
Beginning at the most Northeasterly corner of said Block 98; thence along the most Easterly line of said Block 98
1. South 7o44'00" East 392.63 Feet; thence
2. South 8°33'30" East 34.95 Feet
to the beginning of a tangent 470.26 foot radius curve
concave Easterly, a radial from said point bears North
81o26'30- East; thence along arc of said curve
3. Southerly 155.94 Feet
through a central 19°00'00"; thence
4. South 27o33'30" East 173.00 Feet
to the beginning of a tangent 289.83 foot radius curve
concave Easterly, a radial from said point bears North
62°26'30' East; thence along arc of said curve
5. Southerly 27.82 Feet
through a central angle of 53°30'00"; thence
6. South 33o03'30" East 206.21 Feet
to the most Southeasterly corner of land deeded to Milton
A. Smith and Dorothea P. Smith per Book 5147 at page
272 of off',:ial records recorded February 19, 1954; thence
leaving said Easterly line of Block 98 and along the most
Southerly line of said land
7. South 72025'00" West
23.76 Feet
!
to the beginning of a non-tangent 80.00 Foot radius curve
concave Westerly, a radial to said point bears North
72025'00' East; thence along arc of said curve
8. Northerly 21.61 Feet
through a central angle of 15°28'30" to the point of
tangency in a line that is parallel with and distant 20.00
feet at right angles Westerly from said Easterly line of
Block 98; thence along a line that is parallel or concentric
with and distant 20.00 feet Westerly from said Easterly line
of Block 98
9. North 33°03'30" West
178.53 Feet
to the beginning of a tangent 309.83 foot radius curve
concave Easterly, a radial from said point bears North
56o56'30- East; thence along arc of said curve
10. Northerly 29.74 Feet
through a central angle of 5°30'00"; thence
~ 11. North 27°33'30" West 173.00 Feet
12. Northerly 162.58 Feet
13. North 8o33'30" West 35.09 Feet;
14. North 7o44'00" West 395.33 Feet
15. North 89°32'45" East 20.16 Feet
to the beginning of a tangent 490.26 foot radius curve
concave Easterly, a radial from said point bears North
62o26'30" East; thence along arc of said curve
through a central angle of 19°00'00"; thence
thence
to a point on the most Northerly line of said Block 98;
thence along said Northerly line
to the most Northeasterly comer of said Block 98 and the
POINT OF BEGINNING.
· RESERVING AND EXCEPTING from vacation and abandonment slope rights and drainage easements and other
rights at any time and from time to time to construct, maintain, operate, replace, remove and renew slopes, storm
drains and appurtenant structures including access to protect the property from all h~?ds in, upon, over and
across the above described portions of highways proposed to be vacated'and abandoned.
Contains 19,891 square feet more or less.
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J.N, 91-114.2
October 6, 1992
EV
LEGAL DESCRIPTION
FOR
STREET VACATION
FOR RUBENSTEIN DRIVE
All that portion of Right-of-Way for Public Highway in Block 98 (Rossini Park), Cardiff Vista in the City of Encinitas,
COunty of San Diego, State of California, according to Map thereof No. 1547 recorded in the office of the County
Recorder of San Diego County March 18, 1913 as reserved in Book 5147 at Page 272 of Official Records recorded
February 19, 1954 and more particularly described as follows:
· Beginning at that certain angle point in the Westerly line of said Block 98 formed by the intersection of those
courses in said line having bearings of North 81°4~'45' West and North 26°29'15" West; thence aiong said
Westerly line
1. South 26°29'15" East 196.45 Feet
2.. Southerly- 34.34 Feet
3. South 26°29'15" East ' 173.00 Feet
4. Southerly 63.21 Feet
5. North 66o14'30" West 8.00 Feet
6. Northerly 56.20 Feet
7. North 26°29'15" West 206.06 Feet
to the beginning of a non-tangent 72.32 foot radius curve
concave Westerly and the TRUE POINT OF BEGINNING, a
radiaJ to said point bears North 36°18'29' East; thence
along arc of said curve, leaving said Westerly line of Block
98 along a line that is parallel or concentric with and
distant 8.00 feet Easterly of the Easterly dght of way of
Rubenstein Ddve having at half right of way width of 20.00
feet
through a central angle of 27°12'16"; thence
to the beginning of a tangent 72.08 foot radius curve
concave Westerly, a radial to said point bears North
63o30'45- East; thence along arc of said curve
through a central angle of 50°14'45" to the most Southerly
line of land deeded to Milton A. Smith and Dorothea P.
Smith per Book 5147 at page 272 of official records
recorded February 19, 1954; thence along the most
Sou~erly line of said land
to the most Westerly line of said Block 98 and the
beginning of a non-tangent 64.08 foot radius curve
concave Westerly, a radial from said point bears North
66o14'30- West; thence along said Westerly line and arc of
said curve
through a central angle of 50o14'45"; thence
to the TRUE POINT OF BEGINNING.
ContaJns 2,040 Square Feet more or less.
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J.N. 91-114.2
March 25, 1993
RB
LEGAL DESCRIPTION
FOR
STREET VACATION
FOR BRAHMS ROAD
All that portion of Right-of-Way for Public Highway in Block 98 (Rossini Park), Cardiff Vista, in the City of Encinitas,
County of San Diego, State of California according to Map thereof No. 1547 recorded in the office of the County
Recorder of San Diego County March 18, 1913 as reserved in Book 5147 at Page 272 of Official Records recorded
February 19, 1954 and more particularly described as follows:
Beginning at the most Northwesterly corner of said Block 98; thence along the most Northerly line of said Block 98
1. North 89032'45" East
20.41 Feet;
thence leaving said Northerly line of Block 98 along a line
that is parallel or concentric with and distant 20.00 feet
Easterly from the Westerly line of Said Block 98
South 11°57'15" East
$. Southerly
572.13 Feet
26.13 Feet
to the beginning of a tangent 65.45 foot radius curve
concave Westerly, a radial to said point bears North
78002'45" East; thence along arc of said curve
through a central angle of 22°52'38" to a point on the
Westerly line of said Block 98; thence along said Westerly
line
4. North 81048'45" West
15.82 Feet;
thence
5. South 35032'45" West
20.00 Feet
to the beginning of a non-tangent 45.45 foot radius curve
concave Westerly, a radial from said point bears North
54°27'15" West; thence along arc of said curve
6. Northerly
37.68 Feet
through a central angle of 47o30'00"; thence
7. North 11°57'15" West
506.98 Feet
to the beginning of non-tangent 30.00 foot radius curve
concave Westerly, a radial from said point bears North
46o28'20" West; thence along arc of said curve,
8. Northerly 58.10feet; thence
9. North 11°57'15"West
19.78 feet
to the most Northwesterly corner of said Block 98 and the
POINT OF BEGINNING.
Contains 11,510 square feet more or less.
Reserving therefrom the Westerly nine feet of the above described street vacation to San Diego Gas & Electric
Company and others an easement in, upon, over, under and across the lands herein described, to erect, construct,
change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of:
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J.N. 91-114.2
Legal Description
Page Two
1. Poles, wires, cables, and appurtenances for the transmission and distribution of electricity.
2. Underground facilities and appurtenances for the transmission and distribution of electricity.
8. Pipelines and appurtenances for any and all purposes.
4. Communication facilities, overhead and/or underground and appurtenances.
The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter
¢leem convenient or necessary.
Grantee also has the right of ingress and egress, to, from and along this easement reservation in, upon, over, and
across the herein described lands. Grantee further has the right, but not the duty to clear and keep this easement
reservation clear from explosives, buildings, structures and materials.
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