1992-609023RESOLUTION 92-76
09/25/92- 1992-609023
ORIGINAL DOC~ LOST
RESOLUTION NO. 92-76
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ENCINITAS, CALIFORNIA VACATING PORTIONS
OF LOMAS DE ORO COURT, EL CAMINO DEL NORTE,
JACQUELENE COURT, AND 11TH STREET
IN OLIVENHAIN
WHEREAS, a request for the vacation of portions of Lomas De Oro
Court, E1 Camino Del Norte, Jacquelene Court, and llth Street in
Olivenhain has been submitted by Wayne Nickerson, on behalf of the
Richard B. Wiro Estate, owner of the property adjoining the
proposed street vacation;
WHEREAS, on August 26, 1992, City Council adopted. Resolution No.
92-63 expressing an intention to vacate portions of Lomas De Oro
Court, E1 Camino Del' Norte, Jacquelene Court, and llth Street, all
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 he'ard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Encinitas approves the vacation of public right-of-Way along
portions of Lomas De Oro Court, E1 Camino Del Norte~ Jacquelene
Court, and 'llth Street 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 hereof 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.
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PASSED AND ADOPTED this 16th day of September, 1992, by the
following vote, to wit:
AYES:
Davis, Hano, Omsted, Slater, Wiegand
NAYES: None
ABSENT: None
ABSTAIN: None
~aura Wiegand, Mayor~,~
City of Encinitas
ATTEST:
'E.-Jane Pool, City Clerk ~ ~
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STREET VACATION
THOSE PORTIONS OF EL CAMINO DEL NORTE (FORMERLY 10TH STREET),
llTH STREET, JACQUELENE COURT, AND LOMAS DE ORO COURT ALL IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
PARCEL A
THOSE PORTIONS OF'10TH AND llTH STREETS AS OFFERED FOR DEDICATION
TO THE COUNTY OF SAN DIEGO PER DOCUMENT RECORDED AUGUST 20, 1980
AS FILE/PAGE 80-266427 SAID OFFER OF DEDICATION BEING SHOWN ON
PARCEL MAP NO.. 10387 RECORDED AUGUST 28, 1980.
PARCEL B
THOSE PORTIONS OF EL CAMINO DEL NORTE (FORMERLY 10TH STREET) AND
LOMAS DE ORO COURT AS GRANTED FOR PUBLIC ROADWAY TO THE COUNTY OF
SAN DIEGO PER DOCUMENT RECORDED APRIL 18, 1973 AS FILE/PAGE 73-
103229, SAID EASEMENT BEING SHOWN ON PARCEL MAP 5639 RECORDED
MARCH 3, 1977.
EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE ARC
OF A 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS
POINT BEARS N 73025'23'' W (N73o23'12" W RECORD) 81.12 FEET AND N
16034'37'' E 10.00 FEET FROM THE MOST NORTHEASTERLY CORNER OF SAID
PARCEL MAP 5639.
PARCEL C '
THAT PORTION OF EL CAMINO
SOUTHERLY OF AND ADJACENT
DESCRIBED AS FOLLOWS:
DEL NORTE (FORMERLY 10TH STREET) LYING
TO THE SOUTH LINE OF MAP NO. 12833
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 9 OF SAID MAP NO.
128337 THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY
LINE THEREOF~ S 15°03'01'' W (S 15° 03'25" WEST PER MAP NO. 12833)
13.00 FEET; THENCE N 73° 25'23" W (N 73° 25'07" W PER MAP NO.
12833) 363.44 FEET TO A 20.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 20.28
FEET THROUGH A CENTRAL ANGLE OF 58°05'28'' TO A POINT OF A REVERSE
50.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO
SAID POINT BEARS N 74° 40'05" E; THENCE ALONG THE ARC OF SAID
CURVE A DISTANCE OF 4.33. FEET THROUGH A CENTRAL ANGLE OF 04
57'39" TO THE SOUTHWEST CORNER OF LOT 11 OF SAID MAP NO. 12833;
THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 12833 S 73025'23"
EAST 382.52 FEET (S 73025'07'' E 382.46 PER MAP NO. 12833) TO THE
POINT OF BEGINNING.
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EXHIBIT "A" SHEET 2 OF ~
PARCEL D
THOSE PORTIONS OF 11TH 'STREET AND JACQUELENE COURT DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF MAP NO. 12833 IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED JULY
1, 1991 tN THE. OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE'NORTHERLY LINE THEREOF NORTH 73D37'58'' WEST
(N 73°37'47'' W PER MAP NO. 12833) 132.22 FEET TO THE BEGINNING OF
A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE
ARC OF SAID CURVE 31.88 FEET THROUGH A CENTRAL ANGLE OF 91020'23"
TO A POINT OF CUSP; THENCE NORTH 15001'39`' EAST 13.00 FEET TO A
20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE
ARC OF .SAID CURVE 31.88 FEET THROUGH A CENTRAL ANGLE OF 91~
20'23"; THENCE SOUTH 73°37'58'' EAST (S 73° 37'47" E PER MAP. NO.
12833) 261.52 FEET MORE OR LESS TO THE INTERSECTION WITH A LINE
WHICH IS 20.00 FEET WESTERLY MEASURED AT RIGHT ANGLES TO THE
NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THAT LAND
DESCRIBED 1N A DEED TO JEFFREY DEILGAT RECORDED APRIL 9, 1987 AS
FILE/PAGE 87-191794 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG
SAID PROLONGATION 13.00 FEET TO THE NORTHERLY LINE OF SAID
DEILGAT LAND; THENCE ALONG SAID LINE THEREOF NORTH 73~37'58'' WEST
129.29 FEET TO THE POINT OF BEGINNING. ,
PARCEL E
THOSE PORTIONS OF 11TH STREET AND JACQUELENE COURT DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP 10387
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA REC'~RDED AUGUST 28, 1980 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE THEREOF
NORTH 73°37'58'' WEST (N 7~ 37'19" W PER MAP NO. 12833) 341.98
FEET; THENCE NORTH 14~54'07'' EAST (N 15~ 04'42'' E PER MAP NO.
12833) 24.73 FEET TO A POINT OF CUSP WITH A 50.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT OF CUSP
BEARS SOUTH 88~34'39'' WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE 13.00 FEET THROUGH A CENTRAL ANGLE OF 14~53'39";
THENCE NON-TANGENT TO SAID CURVE SOUTH 73~37'58'' EAST (S 73
.37'19" W PER MAP NO. 12833) 487.62 FEET TO A 20.00 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE
30.95 FEET THROUGH A CENTRAL ANGLE OF 88°39'37"; THENCE SOUTH 15~
01'39" WEST 13.00 FEET TO A POINT OF CUSP WITH A 20.00 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY A RADIAL LINE TO SAID POINT
OF CUSP BEARS SOUTH 74"58'21'' EAST (S 74 58'10" E PER MAP NO.
12833); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 30.95
FEET THROUGH A CENTRAL ANGLE OF 88"39'37"; THENCE NORTH 73°
37'58" WEST 150.83 FEET TO THE POINT OF BEGINNING.
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EXHIBIT "A" Sheet 3 of 4
RESERVING AND EXCEPTING from vacation and abandonment easements and
rights pursuant to any existing franchise or renewals thereof with
the Olivenhain Municipal Water District, at any time, or from time
to time, to construct, maintain, operate, replace, remove, renew
and enlarge lines of pipe, conduits, cables, wires, and other
structures, equipment and fixtures for the operation of 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
ALSO 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; and
AND ALSO RESERVING AND EXCEPTING from vacation and. abandonment to
the San Diego Gas and Electric Company and others, an easement in,
upon, over, under and across the lands hereinafter described, to
erect, construct, change the size of,m improve, reconstruct,
relocate, repair, maintain and use facilities consisting of:
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.
3. 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 described
easement as San Diego Gas and Electric Company may now or hereafter
deem convenient or necessary.
San Diego Gas and Electric Company also has the right of ingress
and egress, to from and along this easement in, upon, over and
across the described lands. San Diego Gas and Electric further has
the right, but not the duty to clear and keep this easement clear
from explosives, buildings, structures and materials.