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1994-161993 1906 ii=44 nm OF THE CITY OF ~OI~IWAS FEES: 0,00 VACATING WILDFLOWER DRIVE, LI~C SU~IT~ JASMI~ THE ST~ET RESERVATION ACROSS LOTS 15 ~D 16 OF ~P NO. 12882, ~D PUBLIC D~INAGE EASE~NTS, IN OLIVE~IN WHEREAS, a request for the vacation of Wildflower Drive, Lilac Summit, Jasmine Crest, and the street reservation across Lots 15 and 16 of Map No. 12882 has been received by A1 Mayo of Wildflower Estates Associates, owner of the property adjoining the above mentioned streets; WHEREAS, on February 16, 1994, the City Council adopted Resolution No. 94-08 expressing an intention to vacate Wildflower Drive, Lilac Summit, Jasmine Crest, the street reservation across Lots 15 and 16 of Map 12882, and public drainage easements; -WHEREAS, the public has been given proper notice of the hearing on the vacation and all desiring to be heard have been heard; WHEREAS, this vacation will not cut off access to 'any persons property which, prior to the street vacation, used these streets for access; WHEREAS, on January 20, 1994, the Planning Commission made the finding that the requested street vacation of Wildflower Drive, retaining an Irrevocable Offer of Dedication, and vacation of Lilac Summit, Jasmine Cre~t, and the street reservation across Lots 15 and 16 of Map No. 12882 is consistent with the City of Encinitas General Plan with respect to location, purpose, and extent; NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Encinitas approves the vacation of previously dedicated and accepted Wildflower Drive, previously dedicated and not accepted Lilac Summit, Jasmine Crest, the street reservation across Lots 15 and 16 of Map No. 12882, and public drainage easements, as described and shown in Exhibits "A" thru "F", in accordance with the following: The project as proposed is consistent with the City of Encinitas General Plan and General Circulation Element. The project as proposed complies with the California Environmental Quality Act since it exempt from environmental review. There is no present or prospective public use for the easement for public right-of-way. RES3969 .1907 RESERVING AND EXCEPTING THEREFROM an Dedication over Wildflower Drive; Irrevocable Offer of ALSO RESERVING AND EXCEPTING therefrom the easement and right at any time, or from time to time, over Wildflower Drive, Lilac Summit, Jasmine Crest, and the street reservation across Lots 15 and 16 of Map No. 12882 to construct, maintain, operate, replace, remove, and renew sanitary'sewers and appurtenant structures, and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, and for the transportation or distribution of electric energy,?and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the streets proposed to be vacated, and to construct, maintain, operate, replace, remove, and renew nonvehicular trails for use by the public in, upon, over, and across the streets proposed to be vacated; ALSO GRANTING to San Diego Gas & Electric Company and others (Grantee), an easement reservation in, upon, over, under and across Wildflower Drive, Lilac Summit, Jasmine Crest, and the street reservation across Lots 15 and 16 of Map No. 12882, to erect, construct, change the size of, 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. 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 deem convenient or necessary. Grantee also had the right of ingress and egress, to, from, and along this easement reservation in, upon, over, and across Wildflower Drive, Lilac Summit, Jasmine Crest, and the street reservation across Lots 15 and 16 of Map No. 12882. Grantee further has the right, but not the duty to clear and keep this easement reservation clear from explosives, buildings, structures and materials. RES3969 .190 BE IT ALSO RESOLVED, 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, or further proof in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED this 9th day of March, 1994, by the following vote, to wit: AYES: NAYS: None ABSENT: None ABSTAIN: None Bond, Davis, DuVivier, Hano, Wiegand G~il Hano, Mayor City of Encinitas ATTEST: E. Jane. P~i~,. City Clerk. I, E. JANE POOL, City Clerk of the City of En~'inita~v CalifOrnia do hereby certify under penalty of perjury that the above and foregoing is a true and correct copy of this dooument on file in my office. In witm~ whereof I have .et my hand and the Seal of the City of Encinitas this ./~ZJane Pool. C~ty Clerk RES3969 1909 EXHIBIT "A" ALL OF WILDFLOWER DRIVE AS SHOWN AND DEDICATED ON CITY OF ENCINITAS TRACT NO. 88-183, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12882, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SANDIEGO COUNTY, OCTOBER 23, 1991. ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED, THEREBY MADE A PART OF THIS BY REFERENCE. SUBDI VISION 29 30 EXHIBIT "B" 3i C/L RANCHO DE MAYO 4 5 ./9,/, 0 23 2 i i3 i2 200' 22 PORTION OF WILDFLOWER DRIVE TO BE VACATED I.~mSuRv~YORS SOE 3529 Sheet 1 Of 4 EXHIBIT "B" 1911 WILDFLOWER DRIVE ANNOTATION TABLE LINE BEARING I DISTANCE LI S 116 49 3'16 00" W t 10" wi 230 79 L2 S 41'05 L3 S 22'12 09" E I 113 47 L4 S 22'12 09" E I 50 00 L5 N 71'07 30" W t 22 L6 N 22'12 09" W t 163 47 L7 N 41'05 10" E I 230 79 L8 N 3'16 00" E I 116 49 L9 S 86'44 00" E t 60 00 CURVE i ARC l OELTAI RADIUS Cl 151.82t 37'49'10"i 230.00 C2 353.47 ! 63"17'19" i 320.00 C3 47.62 i 7'10'51"i 380.00 C4 179.41 t 27"03'05"I 380.00 C5 60.26 1'46'17"I 1949.00 C6 183.01 32'46'01"I 320.00 C7 365.23 55'04'06" I 380.00 C8 54.52 8"13't3" 380.00 09 122.21 37'49'10" 170.00 C10 !.90 t 5'26'41" 20.00  ~~AN DIEGUITO ENGINEERING, INC. IL4~O SURVEYORS SDE 3529 Sheet 2 Of 4 EXHIBIT "C" THOSE PORTIONS OF CITY OF ENCINITAS TRACT NO. 88-183, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12882, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 23, 1991 DESCRIBED AS FOLLOWS: PARCEL 1: THOSE PORTIONS OF LOT 33 BEING A PORTION OF LILAC SUMMIT AND ALL OF JASMINE CREST SHOWN AND DEDICATED THEREON AS "EASEMENT FOR PUBLIC ROADWAY PURPOSES TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT-OF-WAY DEDICATED AND REJECTED HEREON". PARCEL 2: THOSE PORTIONS OF LOTS 15 AND 16 SHOWN AND DEDICATED THEREON AS FUTURE STREET. ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED, THEREBY MADE A PART OF THIS BY REFERENCE. EXHIBIT "~" § 6 7 1913 9 8 3 lO 2 t2 13 14 17 15 L~ --C14 22 21 20 ,33 )' ,;~ :L9 C~ :!.8 :!.7 SUBDIVISION BOUNDARY SCALE: t" : 250' PARCEL 1 - PORTION OF LILAS SUMMIT AND JASMINE CREST TO BE VACATED PARCEL 2 - PORTION OF LOT 15 AND 16 TO BE VACATED SDE 3529 Sheet 3 Of 4 1914 EXHIBIT "D" POR. OF LOT 33 & POR. OF LOTS 15 & 16 ANNOTATION TABLE LINE I BEARING I DISTANCE L1I N 67' 47'51" E t 163.76 L2 ! S 68' 15' 02" E i 60.00 L3 S 46' 47'52" E I 86.88 L4 N 46' 47'52" 1,4 I 86.88 L5 S 67"47'51" ',4 t 166.90 L6 N 22" 12' 09" ~4 I 50.00 L7 N 88'23'35" E i 356.97 L8 N 1'40'36" E I 30.05 L9 N 1·40'36" E t 30.05 CURVE ARC ! DELTA I RADIUS Ct 31.42 I 90'00'00" t 20.00 C2 176.81 ! 46'02'53" i 220.00 C3 ! 57.95 ! 11'51'31"1 280.00 C4 28.07 t 80' 24'21" 1 20.00 C5 293.35 35'45'41" ] 470.00 C6 553.54 21'34'31"I 1470.00 C7 15.21 43'34'15"I 20.00, ,, C8 222.27 265' 19' 16"! 48.00 C9 14.59 41 '48 '33" 20.00 C'tO ' 577.70 21'38'02" 't530.00 Cll 330.80 35' 45' 41" 530. O0 Ci2 28.07 t 80'24'21" i 20.00 Ct3 73.31t !5'00'04"I 280.00 C14 ; 28.91 t 82°49'09" ! 20.00 C15 I 47.62 I 7' 10'51" 380.00 C16I 32.41 '1 38'40'56" , 48.00 C17 t 32.41 I 38'40'56"t 48.00 Salt DIEGUFrO ENGINEERING, INC. L~o Su.v~o.s SDE 3529 Sheet 4 Of 4 1915 EXHIBIT "E" Ail of the Public Drainage Easements as shown and dedicated on City of Encinitas Tract No. 88-183,.in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 12882, filed in the Office of the County Recorder of said San Diego County, October 23, 1991. Ail shown for clarity on Exhibit "F" attached, thereby made a part of this by reference. RES3921 2133VA (0549VA) EXHIBIT "F" 576' Z8 '47' ! $0.~3' 32.4' t?.' 45"E 30.79' I VIOLET RIDGE N65'47' ~6"E ZO. O0' ~T 15 SCALE: I "' .50' EXHIBIT "F" NO. BEARING DISTANCE 71 NIO'II'34"E GO. 02' .... 7B $ I~ °30'38'W 42.38' T3 ~75o55'57"E 1~. 09' · T4. NZS'37'5'O"E 3t. 29' T5 $G4'22'10"£ /0.00' T6' $2.5'37'50"W 39. 45' 77 N75'55'57"W 27.68' T8 3I~'30' 38"W 7.64' NO. DF_LTA LENGTH RADIUS Cf 8'2'9'32" 34.0G' 230.00' C2 ~, ' 38' 08" 2~.64.' 230.00' C3 ~"44' 53" 20.02' 170.00' C4 4~42' 19" I3.96' I70.00' EXHIBIT "F" u~-r zD SCALE : .[' '= 60' O' 60* I20' JaO' 240' ! I