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
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