Loading...
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. g1114Jgl ~4dLg: I"' Ida' jo~ ivo. qI. IM.Z' SOWARDS ~ BROWN ENGINEERING, INC. 21~/ 14~'Y~.ASTL~ A'q,'~'NU~ SUITE 202 C,~I~"F' BY T)~ ~ GA. g2007 (619) 4~ Boo~ ~ ..... /~ .,.-.~&ge # 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. /~m 8 Hwy I' SOWARDS ,,e BROWN ENGINEERING, INC. Boo~ ~ 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: Boo~ ~'.? -_..~a.~e # ~ 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. ~(,ALG: 1% ldO' JO~ ~/o. qt. llg.~ $OWARDSe.~rr 2~a?ay ~"~c~uzc~sut~"~BROWN~ ^,,m~zooT~m~'msENGINEERING'm~(sm.2oz 4~ ~..olt'lCi I Book