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
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