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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 //__/'~/