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1993-380089Recording Requested by: City of Encinitas When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC 1993-0380089 16-JUN-1993 09:5? AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES: 0.00 RESOLUTION NO. 93-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA VACATING PORTIONS OF ROSSINI DRIVE, RUBENSTEIN DRIVE, AND BRAHMS ROAD IN CARDIFF-BY-THE-SEA WHEREAS, a request for the vacation of portions of Rossini Drive, Rubenstein Drive, and Brahms Road in Cardiff-by-the-Sea has been submitted by Thomas B. Pearson, on behalf of Dorothea P. Smith, the property owner adjoining the proposed street vacation; WHEREAS, on January 28, 1993, City Council adopted Resolution No. 93-29 expressing an intention to vacate portions of Rossini Drive, Rubenstein Drive, and Brahms Road 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 hav~ been heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas approves the vacation of public right-of-way over those portions of Rossini Drive, Rubenstein Drive, and Brahms Road as reserved by the County of San Diego in deed to Dorothea P. Smith and Milton A. Smith recorded on February 19, 1954 at Book 5147, Page 272 of Official Records, in the Office of the County Recorder of San Diego County and has reserved from this vacation all 6~sements and rights as described in 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. PAssED AND ADOPTED this 12th vote, to wit: day of May, 1993, by the following AYES: Bond, NAYS: None ABSENT: None ABSTAIN: Hano Davis, DuVivier, Wiegand ATTEST= ~n Davis, Mayor ylty of Encinitas E. J~n o~ol, 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 my hand and the Seal of the City of Encinitas this , ~..J'ane Pool, City Clerk EXHIBIT "A" 1378 J,N. 91-114.2 October 6, 1992 EV LEGAL DESCRIPTION FOR STREET VACATION AND RESERVING SLOPE RIGHTS AND DRAINAGE EASEMENT FOR ROSSINI DRIVE All that portion of Right-of-Way for Public Highway in Block 98 (Rossini Park), Cardiff Vista, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1547 recorded in the office of the County Recorder of San Diego County March 18, 1913 as reserved in Book 5147 at Page 272 of Official Records recorcled February 19, 1954 and more particularly described as follows: 'Beginning at the most Northeasterly corner of said Block 98; thence along the most Easterly line of said Block 98 1. South 7044'00" East 392.63 Feet; thence 2. South 8033'30" East 34.95 Feet to the beginning of a tangent 470.26 foot radius curve concave Easterly, a radial from said point bears North 81026'30" East; thence along arc of said curve 3. Southerly 155.94 Feet through a central 19°00'00"; thence 4. South 27033'30" East 173.00 Feet to the beginning of a tangent 289.83 foot radius curve concave Easterly, a radial from said point bears North 62026'30" East; thence along arc of said curve 5. Southerly 27,82 Feet through a central angle of 53°30'00"; thence 6. South 33003'30" East 206.21 Feet to the most Southeasterly corner of land deeded to Milton A. Smith and Dorothea P. Smith per Book 5147 at page 272 of official records recorded February 19, 1954; thence leaving said Easterly line of Block 98 and along the most Southerly line of said land 7. South 72025'00" West 23.76 Feet to the beginning of a non-tangent 80.00 Foot radius curve concave Westerly, a radial to said point bears North 72025'00" East; thence along arc of said curve 8. Northerly 21.61 Feet through a central angle of 15028'30" to the point of tangency in a line that is parallel with and distant 20.00 feet at right angles Westerly from said Easterly line of Block 98; thence along a line that is parallel or concentric with and distant 20.00 feet Westerly from said Easterly line of Block 98 9. North 33°03'30" West 178.53 Feet to the beginning of a tangent 309.83 foot radius curve concave Easterly, a radial from said point bears North 56056'30" East; thence along arc of said curve 10. Northerly 29,74 Feet through a central angle of 5°30'00"; thence 1379 11. Nort13 27°33'30' West 173.00 Feet to the beginning, of a tangent 490.26 foot radius .curve concave E~terly, & racliaJ from said point beam North 62~26'30' East; ~ence along arc of said curve 12. Northerly 162.58 Feet through a central a~gte ot 19°00'00"; thence 13. North 8°33'30' West 35.09 Feet; thence 14. North 7°44'00" West 395.33 Feet 15. North 89032'45" East 20.16 Feet to a point on the most Nortl3erly line of said Block 98; thence a~ong said Northerly line to the most Northeasterly comer of said Block 98 and the POINT OF BEGINNING. · RESERVING from vacation anct ai3anctonment slope rigttts ancl (~rainage easements and other rights ;~t any time and from time to time to construct, maintain, operate, replace, remove ancl renew stopes, storm ctrains a~cl &ol~urtena~t structures inclucting access to protec~ the proper~ from ail h~"~rcls in, upon, over and across the ai3ove ctescribed portions of highways propose(:[ to be vacate(:[ a.ncl ai3ancloned. Contains 19,891 square feet more or less. ~.00' .1380 ~LE: 1% JOi~ ~10. ql.//,4.t' SOWARDS ~,e BROWN ENGINEERING, INC. CONSIJL11NG 2187 NEWCASI'LE A~E ~ 202 BY ~[ ~ ~ g2007 (61~) 4~ J.N. 91-114.2 October 6, 1992 EV LEGAL DESCRIPTION FOR STREET VACATION FOR RUBENSTEIN DRIVE All that portion of Right-of-Way for Public Highway in Block 98 (Rossini P~k), Cardiff Vista in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1547 recorded in the office of the County Recorcler of San Diego County March 18, 1913 as reserved in Book 5147 at Page 272 of Official Records recorded February 19, 1954 and more particularly described as follows: · Beginning at that certaJ'n angle point in the Westerly line of said Block 98 formed by the intersection of those courses in said line having bearings of North 81°48'45" West and North 26°29'15" West; thence along said Westerly line 1. South 26°29'15" East 196.45 Feet to the beginning of a non-tangent 72.32 foot radius curve concave Westerly and the TRUE POINT OF BEGINNING, a radial to said point bears North 36018'29- East; thence along arc of said curve, leaving said Westerly line of Block 98 along a line that is parallel or concentric with and distant 8.00 feet Easterly of the Easterly right of way of Rubenstein Drive having a half right of way width of 20.00 feet 2. Southerly 34.34 Feet through a central angle of 27°12'16"; thence 3. South 26°29'15" East 173.00 Feet to the beginning of a tangent 72_08 foot radius curve concave Westerly, a radial to said point bears North 63°30'45" East; thence along arc of said curve 4. Southerly ' 63.21 Feet through a centraJ angle of 50o14'45" to the most Southerly line of land deeded to Milton A. Smith .and Dorothea P. Smith per Book 5147 at page 272 of official' records recorded Februa~'y 19, 1954; thence along the most Southerly line of sa~d land 5. North 66°14'30"West 8.00Feet to the most Westerly line of said Block 98 and the beginning of a non-tangent 64.08 foot radius curve concave Westerly, a racliai from said point bears North 66014'30" West; thence along said Westerly line and arc of said curve 6. Northerly 56.20 Feet through a centraJ angle of 50014'45"; thence 7. North 26°29'15" West 206.06 Feet to the TRUE POINT OF BEGINNING. Contains 2,040 SQuare Feet more or less. gI1~4.LGL 1382 SOWARDS ~e BROWN ENGINEERING, INC, 2187 NL~11.[ Ag~J,/U~ SUIl~ 202 BY '1~[ ~ CA. g2007 (61g) 383 J.N. 91-114.2 March 25, 1993 RB LEGAL DESCRIPTION FOR STREET VACATION FOR BRAHMS ROAD All that poction of Right-of-Way for Public Highway in Block 98 (Rossini Park), Cardiff Vista, in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 1547 recorded in the office of the County Recorder of San Diego County March 18, 1913 as reserved in Book 5147 at Page 272 of Official Records recorded February 19, 1954 and more particularly described as follows: Beginning at the most Northwesterly corner of said Block 98; thence along the most Northerly line of said Block 98 1. North 89°32'45" East 2. South 11°57'15" East 3. Southerly North 81°48'45" West South 35o32'45" West 6. Northerly 7. North 11°57'15" West 20.41 Feet; thence leaving said Northerly line of Block 98 along a line that is parallel or concentric with and distant 20.00 feet Easterly from the Westerly line of Said Block 98 572.13 Feet 26.13 Feet to the beginning of a tangent 65.45 foot radius curve concave Westerly, a radial to said point bears North 78o02'45" East; thence along arc of said curve through a central angle of 22052'38" to a point on the Westerly line of said Block 98; thence along said Westerly line 15.82 Feet; thence 20.00 Feet 37.68 Feet 506.98 Feet to the beginning of a non-tangent 45.45 foot radius curve concave Westerly, a radial from said point bears North 54°27'15" West; thenceatong arc of said curve through a central angle of 47o30'00"; thence to the beginning of non-tangent 30.00 foot radius curve concave Westerly, a radial from said point bears North 46°28'20" West; thence along arc of said curve. 8, Northerly 9. North 11°57'15" West 58.10 feet; 19.78 feet thence to the most Northwesterly corner of said Block 98 and the POINT OF BEGINNING. Contains 11,510 square feet more or less. Reserving therefrom the Westerly nine feet of the above described street vacation to San Diego Gas & Electric Company and others an easement in, upon, over, under and across the lands herein described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 384 J.N. 91-114.2 Legal Description Page Two 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 hereinatter Oeem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement reservation in, upon, over, and across the herein described lands. Grantee further has the right, but not the duty to clear and keep this easement reservation clear from explosives, buildings, structures and materials. CH/j 1385 SOWARDSc~m~-~ eY 2,,,~ *'*.mz .m,c,.,.m.zc~,.'n.c ~ BROWN ~ ^w~,uz ,:007 ~mN~,ms ENGINEERII','~,~(5,9)=oz ~ ~".oINC'