1989-588083 RESOLUTION 89-78
10/30/89 - 1989-588083
O~G~AL DOC. LOST
RESOLUTION NO. 89-78
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
TO VACATE THE SOUTHERLY 10.00 FEET
OF 13TH STREET ADJACENT TO AND F~STERLY
OF RANCHO SANTA FE RO]LD
WHEREAS, a request for the vacation of the Southerly 10.00
feet of 13th Street adjacent to and easterly of Rancho Santa Fe
Road has been received from Steve Robins; and
WHEREAS, the vacation proceeding is being conducted under
Chapter 3 of Part 3 of the state of California Streets and Highways
Code; and
WHEREAS, on September 27, 1989, the City Council of the City
of Encinitas adopted Resolution No. 89-66, a Resolution of
Intention to vacate the Southerly 10.00 feet of 13th Street
adjacent to and easterly of Rancho Santa Fe Road; and
WHEREAS, the Resolution of Intention was published and posted
in a manner prescribed in Sections 8322 and 8323 of the Streets and
Highways Code; and
WHEREAS, said City Council has heard the evidence offered by
persons interested at a public hearing; and
WHEREAS, said City Council has found, from all the evidence
submitted, that the street described in the Resolution of Intention
is unnecessary for present or prospective use as a public street;
NOW, BE IT THEREFORE RESOLVED by the City Council of the city
of Encinitas to vacate the southerly 10.00 feet of 13th Street
adjacent to and easterly of Rancho Santa Ye Road and has reserved
all easements and rights as
and excepted from the vacation
TF/O5/CRO5-383wp5 (10-16-89)
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described in Exhibit "A" and shown on Exhibit "B" attached hereof
and made a part hereto by this reference;
AND, that the City Clerk of the city of Encinitas shall cause
a certified copy of the Resolution of Vacation, attested by the
Clerk under seal, to be recorded without acknowledgement,
certificate of acknowledgement, or further proof in the office of
the County Recorder. Upon such recordation, the vacation process
shall be deemed complete.
PASSED AND ADOPTED this 25th day of October,
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Gaines, Hano, Omsted, Shea, Slater
None
None
None
ATTEST:
1989, by the
Anne Omsted, Mayor of the
city of Encinitas
E. POOL, City Clerk
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EXH~'B'rT "A"
That portion of 13th Street in COLONY OF OLIVENHAIN, in the City
of Encinitas, County of San Diego, State of California, according
to Map thereof No. 326, filed in the office of the County Recorder
of San Diego County, July 8, 1885, described as follows:
Commencing at the intersection of the centerlines of "A" Street and
13th Street as both are shown on said Map No. 326; thence Southerly
along the centerline of said "A" Street, South 15°12'55'' West,
30.05 feet to a point on a line that is 30.00 feet Southerly of and
parallel with the centerline of said 13th Street, said point being
the TRUE POINT OF BEGINNING; thence Easterly along said parallel
line, South 71°42'15'' East, 328.27 feet; thence South 15°20'22''
West, 10.01 feet to a point on the Southerly line of said 13th
Street; thence along said Southerly line and the Westerly
prolongation thereof, North 71°42'15'' West, 343.84 feet to a point
on the arc of a non-tangent, 25.00 foot radius curve, concave
Southeasterly, a radial line to said point bears North 34°50'11''
West; thence Northeasterly along the arc of said curve through a
central angle of 53°07'56'' a distance of 23.18 feet to said line
that is 30.00 feet Southerly of and parallel with the centerline
of said 13th Street; thence along said parallel line South
71°42'15'' East, 4.94 feet to the TRUE POINT OF BEGINNING.
RESERVING AND EXCEPTING from vacation and abandonment easements
and rights pursuant to any existing franchise or renewals thereof,
or otherwise, at any time, or from time to time, to construct,
maintain, operate, replace, remove, renew and enlarge lines of
pipe, conduits, cables, wires, poles and other structures,
equipment and fixtures for the operation of gas pipe lines,
telegraphic and telephone lines and for the transportation or
distribution of electrical energy and water and for incidental
purposes including access to protect the property from all hazards
in, upon, over and across the above described portions of highways
proposed to be vacated and abandoned; and
RESERVING AND EXCEPTING from vacation and abandonment easements and
rights at any time and from time to time to construct, maintain,
operate, replace, remove and renew sanitary sewers, storm drains
and appurtenant structures including access to protect the property
from all hazards in, upon, over and across the above described
portions of highways proposed to be vacated and abandoned.
tf/o2/msg-ll91wp5 (10-4-89/1)
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