1994-161945{ESOLUTION 94-14
)3/11/94 - 1994-161945
3RIGINAL DOC. LOST
RESOLUTION NO. 94-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITYOF ENCINITAS
VACATING SCHUBERT PATH,
BETWEEN RUBENSTEIN AVENUE AND WESTMINSTER DRIVE,
IN CARDIFF-BY-THE-SEA
WHEREAS, a request for the vacation of portions of Schubert Path,
between Rubenstein Avenue and Westminster Drive, in Cardiff-by-the-
Sea has been received by Kevin Thunder, representing the property
owners adjoining the above mentioned street;
WHEREAS, on February 9, 1994, the City Council adopted Resolution
No. 94-05 expressing an intention to vacate Schubert Path, between
Rubenstein Avenue and Westminster Drive;
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 Schubert Path
for access;
WHEREAS, on January 20, 1994, the Planning Commission made the
finding that the requested street vacation of Schubert Path,
between Rubenstein Avenue and Westminster Drive 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 public right-of-way over that
portion of Schubert Path, between Rubenstein Avenue and Westminster
Drive as shown in Exhibit "A", 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.
RESERVING AND EXCEPTING therefrom the easement and right at any
time, or from time to time, to construct, maintain, operate,
replace, remove, and renew sanitary sewers and storm drains and
appurtenant structures in, upon, over and across the above
described portions of highways proposed to be vacated.
RES3967
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/~ol, City Clerk
l/
RES3967
Boo;{
EXHIBIT
ALL THAT PORTION OF SCHUBERT PATH BETWEEN BLOCK 83 AND BLOCK 82 OF
"CARDIFF VILLA TRACT" ACCORDING TO THE MAP THEREOF No. 1469 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST
10, 1912.
SAID PORTION OF SCHUBERT PATH BEING FURTHER BOUNDED ON THE
SOUTHWEST BY THE NORTHEAST LINE OF WESTMINSTER DRIVE AND ON THE
NORTHEAST BY THE SOUTHWEST LINE OF RUBENSTEIN AVENUE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT "A" BLOCK 83 ALSO
BEING A POINT ON THE NORTHERLY LINE OF SCHUBERT PATH; THENCE
N32°32'00"E A DISTANCE OF 57.30 FEET TO THE BEGINNING OF A 10.00
FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 27°56'00'' A DISTANCE OF 4.88 FEET;
THENCE N04°.36'00"E A DISTANCE OF 29.82 FEET TO THE BEGINNING OF A
142.25 FOOT RADIUS CURVE CONCAVE TO THE EAST; SAID CURVE IS 20 FEET
WESTERLY AND CONCENTRIC TO THE CENTERLINE OF RUBENSTEIN AVENUE;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
26°33'00'' A DISTANCE OF 65.92 FEET TO THE BEGINNING OF A 5.00 FOOT
RADIUS CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG SAID CURVE
AND THE SOUTHERLY LINE OF SCHUBERT PATH THROUGH A CENTRALANGLE OF
125°31'00'' A DISTANCE OF 10.95 FEET; THENCE S32°32'00"W, ALONG THE
SOUTHERLY LINE OF SAID SCHUBERT PATH A DISTANCE OF 167.90 TO THE
BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°57'59'' A DISTANCE OF
11.34 FEET TO A POINT ON A 955.37 FOOT RADIUS CURVE CONCAVE TO THE
NORTHEAST; AND THE NORTHEASTERLY LINE OF WESTMINSTER DRIVE; THENCE
NORTHWESTERLY ALONG WESTMINSTER DRIVE AND SAID CURVE THROUGH A
CENTRAL CURVE OF 2°42'24'' A DISTANCE OF 45.13 TO A POINT WHERE THE
NORTHEASTERLY LINE OF WESTMINSTER DRIVE INTERSECTS THE
NORTHWESTERLY LINE OF SCHUBERT PATH SAID POINT ALSO BEING A 10.00
FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG
SCHUBERT PATH AND SAID CURVE THROUGH A CENTRAL ANGLE OF 117°44'24''
A DISTANCE OF 20.55 FEET; THENCE N32°32'00"E, ALONG THE NORTH LINE
OF SCHUBERT PATH A DISTANCE OF 112.94 FEET AND THE POINT OF
BEGINNING.
ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED, THEREBY MADE A PART
OF THIS BY REFERENCE
SCOTT F. FITCH, LS 5284
F:~WP51%DOCS%895MV.A
EXHIBIT
]~
I~t'39'3~
~955.37 '
L=~7,65 '
1~1* 02 ~54°
L=17.~8'
BLK,83
A
DATA SHQYN HEREON IS
VED FROM RECORD INFORNATION
MAP No.1469, 'CARDIFF VILLA
T', AND IS NOT 3ASE3 DN
AL F~EL3 N£A3URENENT~
C
]3
PD3
I
L=I] .34'
~'=~7e56 ' 00'
J
]3LK, 82
H
?
Boo~ #
SCDTT F, FITCH L2 5284
_rage //__/'~/