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1988-301589 RESOLUTION 88-53 1988-301589 RE$OL1JTION NO. 88-53 ORIGINAL DOC. LOST A RESOLUTION OF THE CITY COIR~CIL THE CITY OF ENCINITAS, CALIFORNIA AMENDING V?.CATIO~ VAC 86-029 FOR PROPERTY LOCATED AT FIFTH AND "E" 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 ........ th~"' 'O~'i~i~'"-'-~-~-i~ d6C~m~ ~-'~P-~-'~ "~'~0~' 8.7 -5 o which was passed and adopted on June 8, 1987, theref~'ue, 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: me 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~ .:ein by reference as though fully set forth. TS/04/CRO2-78WP 1(6-16-88) BE IT FURTHER RESOLVED that the approval of VAC86-029 be subject to the following conditions: 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 southerly 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 cOndi~ion 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/CRO2-7$WP 2(6-16-88) PASSED AND ADOPTED this 22nd day of June , 19 88 by the following vote, to wit: AYES: NAYS: Gaines, Omsted, Luke, Shea, and Steel None ABSENT: None RICHARD P. SHEA Mayor of the city of Encinitas, California ATTEST: ............ E~'.'J~e P°°l~ city Clerk 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 Land Use 5201 Ruffin Road, Suite B San Diego, California 92123 565-5981 · :.:::!?i~':.r:~.,'DEPARTMENT USE' ONLY-:':::;' ":. i:~:': ;'FEE ": ': :!;.;:!~i:'APPLICATI°N :' ''~ .... '.... $. ' ' ADMIN. PERMIT ):':":::.;'::~'~ ':".: CC . :";'::;'>':' . . ~ ?.~M~ORUSEpERMJT~?,t. MINOR US ROAD VACATION SI RE'CEIV D AUG DEPT. OF PLANNING & LAND APPLICANT - Please complete the following: TRS Consultan[s Phone(Bq9 ) Applicant Name 9 9 O 9 H u e nf~F~r~5-~i~ I.iri~l~r Firrn~lap~) Applicant Address FORM · . .7'&.~:ApN~,. . 458-0458 City SAN DIEGO State Engineer Name PASCO ENGINEERING (Wayne Pasco) (La~ Fir~t, Middle I_n/t/a/.or Firr~ N~ln?e) Engineer Address 2103 E1 Camino Hea~, buzte 104B CA Phone Zip ~2121 433-8515 Oceanside ' Owners Name Owner Address City Project Name State C A ZiF 92054 DAN SHELLEY, et al. Phone( · [L~, Fi~ Middle Init~l or Fi~ C/o Pasco Enq. as above 619)433-6515 State . Zip "E" Street Vacations ectParcel No. ~,,~T/~CF-:/V ~" '7-0 Project Address .~T s: RANCHO SANTA FE ROAD And Between DFLNo. 346 (4185} ($rrwt) Tax Rate Area 7~) 7_~' "F" STRFFT ":Book # ' CITY OF ENCINITL~ r 535 Encinitas Boulevard, suite 100 Encinitas, california 92024 (619) 944-5050 TO: FROM: Warren Shafer, City Manager Bill Weedman, senior Planner MEETING DATE: SUBJECT: June 8, 1987 Road Vacation; VAC 86-029, Pasco Engineering, applicant for vacation of portions of "E" Street and Fifth Street. Request to vacate excess right cf W~-6n-'¥iE''-'- st'r-eet north-of'Fifth Street and Fifth Street east of "E" Street. BECOMMENDATIONt Adopt the attached Resolution 87-50 which makes the necessary findings and approves the road vacation subject to condition. piSCUSSION :, Reference is nade 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 tc 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. M:-;s. simm's concerns retarding 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 ~cidiP. g 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~ Rw/5 c/CM1-177 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 TH}~ 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 ~TF 6~'H 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 SkID MAP NO. 326. Book # LEGAL DESCRIPTION PARCEL 2 A STRIP OF LAND HALF OF "E" STREET CALIFORNIA ACCORDING COUNTY RECORDER OF SAN DIEGO COUNTY, LINE OF WHICH IS DESCRIBED AS FOLLOWS: 12.00 FEET IN WIDTH LYING WITHIN THE EASTERLY IN THE COUNTY OF SAN DIEGO, STATE OF TO MAP NO. 326, FILED IN THE OFFICE OF THE JULY 8, 1885, THE WESTERLY COMMENCING-AT .... THE-I'NTERSECTION--OF--THE ...... CENTERLINE OF"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 # 'Page #--.~ 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: .............. C0MMENCIN~_AT___~HE INTERSECTION ..... OF~_THE ..... CENTERLINE-OF 6TH~ST. REET ............... · 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 21 AS SI~DWN 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 DIEGO, STATE OF CALIFORNIA, BEING THE NORTH ..... ONE--QUAW£ER ....... OF BLOCK .... 27; TN-THE-~OUNTY-OF'~SAN-DI~GO~ ......................... STATE OF CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 18S5, 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.~0 FEET EASTERLY, MEASURED AT RtCHT 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, F1LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE WESTERLY .................... ~ I ~' OF--~i]'~-'-~- ~i~Ri~ED AS FOLLOWS: COMMENCING AT THE INTERSEC'fION 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 CENTERL1NE 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 CALIFOR~IIA, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING. PARALLEL WITH AND 31.'00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE.~CENTERLINE OF SAID "E" STREET SOUTHERLY 503.10 FEET. LEGAL DESCRIPTI ON PARCEL ~6 A STRIP OF LAND 40.00 FEET 1N W1DTH BEING THE NORTHERLY HAL}' OF 5TH STREET ADJACENT TO BLOCK 26 IN THE COUNTY OF SAN DIEGO, STATE 05' CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFF].CE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 0ULY 8, 1885. LEGAL DESCRIPTION PARCEL 7 A STRIP OF LAND 40.00 FEET IN WIDTH BEING THE SOUTHERLY HALF Of' 57H STREET ADJACENT TO BLOCK 21 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 326, F1LED IN THE Of'FICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885. Book · EXHIBIT "A" "E" STREET VACATED ~.72 ~c. "/ "' BLK. 2.7 / I I BLK. 28 5th STREET VACATED POR. , Lt~. 20 / ! I t I I I I / / I I ; I I I / / I I I ® BLK. 22 I I I / I / / / / / / / I / / / / I / / I I / / / ./ / I Book # I I I 11 I / / I. I / // / / 1.1"/AC. / PAE4 i / / I e.~ ac. I /I I BLK. 23 / / / I i I i / i i I i I ./ I i I / I i / BLK. 29 / / / / / / / / / / / I ~ . BLK- 24 // I I I. I I I $ H'I'. 2 5.41 AC. POR 26 'COR. CO~4. TO ~ LOTS g&lO BLK. 7 MAP 1'/4Z MAPB48-RHO LAS EN MAP 326 - COLO!,,~Y OLI~, ROe,,4 B07~ 4853,5495;6z:~