1994-572541Recording requested by:
City of Encinitas
When recorded, mail to:
City Clerk
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
239
GREGORY SM!T~ COUNTY RECORDEi
FEES: 0,00
RESOLUTION NO. 94-90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
VACATING PORTIONS OF
'MANCHESTER AVENUE, ROAD SURVEY NO. 139, AN~ ROAD SURVEY NO. 426
IN CARDIFF-BY-THE-SEA ' /
WHEREAS, a request for the vacation of portions of Manchester
Avenue, Road Survey No. 139, and Road Survey No. 426, in Cardiff!-
by-the-Sea has been received by the County of San Diego, owner .f
the property adjoining the above mentioned streets;
WHEREAS, on August 10, 1994, the City Council adopted Resoluticn
No. 94-73 expressing an intention to vacate portions of Manchest( r
Avenue, Road Survey No. 139, and Road Survey No.. 426;
WHEREAS., the public' has been given proper notice of the hearing n
the vacation and a~l 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 July 28, 1994, the Planning Commission made the findin
that the. requested street vacation of portions of Mancheste.
Avenue, Road Survey No. 139, and Road Survey No. 42'6 is consisten'
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 o:
gncinitas approves the vacation of public right-of-way-over thal
portion of Manchester Avenue, Road Survey No. 139, and Road Surve~
No. 426 as shown in Exhibit "A", in accordance. With the followin~
1. The project as proposed is consistent with the City o~
Encinitas General. Plan and General Circulation Element
2. The project as proposed is exempt from environmental
review pursuant to the California Environmental Qualit
Act Guidelines, Section 15061(b) (3).
3982VA
RES4132
1240
3. 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' 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,
ALSO GRANTING to San Diego Gas & Electric Company and others
(Grantee), an easement reservatio~ in, upon, over} under and across
the lands hereinafter described, 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. Communication facilities, overhead and appurtenances.
Grantee also has the right of ingress and egress, to, from, and
along this easement reservation in, upon, over, and across the
hereinafter 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.
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.
3982VA
RES4132
12.41
PASSED AND ADOPTED this 14th 'day of September, 1994 by the
following vote, to wit: '
AYES: Bond,
NAYS: None
ABSENT: None
ABSTAIN: None
Davis, DuVivier, Hano, Wiegand
City of Encinitas
ATTEST:
E. City Clerk
!, F_ JANE POOL, City Clerk of the City of Encinita$, California
do hereby certify under penalty of perjury that the above
~nd foregoing is a true and correct colby of this document
on file in my office. In witness whereof I have set my hartd
artd th~al of the City ~/~ncinitas this
E. J/~e Pool, City Clerk
3982VA
RES4132
EX/qIB IT "A"
Parcel No. 92-0474-A
Ail those portions of Manchester Avenue and'Road Survey No. 139 and
Road Survey No. 426, plats of which are on file in the Office of
the County Engineer of the County of San Diego, State of
California, lying within Section 25 and the Southeast Quarter of
the Northeast Quarter 'of Section 26, both said Sections lying
within Township 13 South, Range 4 West, San Bernardino Base and
Meridian, in the City of Encinitas, County of San Diego, AND lying
Southeasterly of the following described line:
Commencing at a point on the centerline of Road Survey No. 426 &
426-2, according to Record of Survey No. 8848, filed in the Office
of the County Recorder of said County, said point bears South
01°04'43'' West (South 01°04'34'' West per said Record of Survey No.
8848), 1234.78 feet from the Northeast corner of said Section 26
(said Northeast corner having coordinates North = 312,608.08 and
East = 1,692,039.73 on the California Coordinate System, Grid Zone
6), said point of commencement being also the beginning of a
tangent 960.00 foot radius curve concave Northwesterly; thence
Southerly and Southwesterly along the arc of said curve through a
central angle of 63°27'17'', a distance of 1063.19 feet;- thence
tangent to said curve South 64°32'00'' West, 286.05 feet; thence
South 25o28'00'' East, 56.00 feet to the beginning of a non-tangent
593.00 foot radius'curve concave Southeasterly, a radial line to
said point bears North 25°28'00'' West; thence Southwesterly along
the arc of said curve through a central angle of 45°30'00'', a
distance of 470.92 feet; thence tangent to said curve South
19°02'00'' West, 45.03 feet to the TRUE POINT OF BEGINNING, being
also a point on the South line of said Southeast Quarter of the
Northeast Quarter of Section 26 distant thereon South 88°51'11''
East, 234.84 feet from the Southwest corner thereof; thence
retracing North 19°02'00'' East, 45.03 feet to a point on the arc of
a tangent 525.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central angle
of 47°13'00'' a distance of 432.65 feet; thence tangent to said
curve North '66°15'00'' East, 375.19 feet to the beginning of a
tangent 551.51 foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 27°38'16", a distance of 266.03 feet to the beginning of a non-
tangent 1041.00 foot radius compound curve concave Northwesterly,
said curve being concentric with and 81.00 feet Southeasterly from
said 960.00 foot radius curve, a radial line to said curve at said
point bears South 43000'39'' East; thence Northeasterly along the
arc of said concentric curve through a central angle of 26°44'41'',
a distance of 485.92 feet; thence tangent to said concentric curve
North 20014'40'' East, 118.00 feet; thence North 08°47'39'' East,
133.25 feet to the POINT OF TERMINUS, said POINT OF TERMINUS being
also the Point of Beginning of Parcel No. 85-0377-B2 described in
3982VA
RES4132
,! 343
Grant Deed to ,~a±cl County o£ San D±ego, recorded Aug-~st 25, 1988 at~
F±le/Page No. 88-425921 ±n the Offf±¢e off sa±cl County Recorder.
~. JANE POOL, City Clerk of the City of Encinitas, California
hereby certify under penalty of perjury that the above
~J foregoing is a true and correct copy of this document
file in my office. In witness whereof I have set my hand
~cl ~he Seal of the City of/Encinitas this
-E.~ne oo,C'y ~ ......
3982VA
RES4132