1991-167385RESOLUTION NO. 91-26
RESOLUTION 91-26
04/15/91 - 1991-167385
ORIGINAL DOC. LOST
A RESOLUTION OF THE CITY COUNCIL OF THE
ENCINITAS, CALIFORNIA VACATING A PORTION
OF SUMMIT AVENUE SOUTH OF 8]~NTA FE.DRIVE
WHEREAS, a request for vacation of a portion of Summit Avenue,
South of Santa Fe Drive has been submitted by Sherman Stevens, Inc.
on behalf of Torrance Savings and Loan Association, owners of the
property adjoining the proposed street vacation;
WHEREAS, on March 20, 1991 the city Council adopted Resolution
No. 91-24 expressing an intention to vacate the portion of Summit
Avenue as shown on Exhibit "A";
WHEREAS, the public has been given proper notice of the
hearing on the vacation and all desiring to be heard have been
heard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
city of Encinitas approves the vacation of public right-of-way
along that portion of Summit Avenue and has reserved and excepted
from the vacation all easements and rights as described in and
shown on Exhibit "A" attached hereto 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'
TF/03/CRO8-744wp5 (4-1-91-1)
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 10th day of April, 1991, by the
following vote, to wit:
AYES:
NAYES: None
ABSENT: None
ABSTAIN: None
Davis, Hano, Omsted, Slater, Wiegand
G~ll Hano, Mayor of the
city of Encinitas
ATTEST:
E. , City clerk
TF/03/CRO8-744wp5 (4-1-91-1)
EXHIBIT "A"
LEGAL DESCRIPTION
SUMMIT AVENUE
THAT PORTION OF sUMMIT AVENUE AS SHOWN ON ROAD SURVEY NO. 1156 A
COPY OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER
ADJACENT TO LOT 25 OF RIDGEWAY HEIGHTS IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF
NO. 2163 RECORDED JULY 3, 1929 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID .COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 25; THENCE ALONG THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE THEREOF S 89°56'49'' W
6.42 FEET TO A POINT WHICH IS 35.00 FEET EASTERLY MEASURED AT RIGHT
ANGLES TO SAID CENTERLINE; THENCE PARALLEL TO SAID CENTERLINE S
00°23'13'' W 42.88 FEET; THENCE N 89°59'57'' W 5.00 FEET TO A POINT
WHICH 30.00 FEET EASTERLY MEASURED AT RIGHT ANGLES TO SAID
CENTERLINE; THENCE PARALLEL AND CONCENTRIC'TO SAID CENTERLINE S
00°23'13'' W 80.46 FEET TO A 1970.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 176.87 FEET THROUGH
A CENTRAL ANGLE OF 5°08'38'' TO A POINT OF INTERSECTION WITH THE
WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 25; THENCE
ALONG SAID LINE N 89°58'56'' E 3.48 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 25; THENCE ALONG THE WESTERLY LINE THEREOF N 00°21'13'' E
300.03 FEET TO THE POINT OF BEGINNING.
RESERVINGAND 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
RESERVINGAND 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/03/PW4-209WP5 (4/1/91-2)
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