1997-456076Recording Requested by:
City of Encinitas
When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the City.__
1660
DOC
SEP I7~ i~7 ~57 P~
OFFICIAL RECORDS
SA~ DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUHTY RECORDER
SPACE ABOVE FOR RECORDER'S
USE ONLY
APN: 259-231-17, 259-231-28,
259-231-30, 259-231-31,
259-231-56, 259-231-58,
259-231-63
RESOLUTION NO. 97-56
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS, CALIFORNIA
APPROVING THE VACATION A PORTION OF
4TH STREET OF COLONY OF OLIVENHAXN, MA~NO. 326
WHEREAS, a request has been made for the vacation of a portion 4TH
Street by Susan Ryan who is an owner of one of the properties
adjacent to proposed vacation; and
WHERF~, the vacation proceedings are to be conducted under
Chapter 3 of Part 3 of the State of California Streets and Highway
Code, and
WHEREAS, On May 28, 1997 the City Council adopted a resolution
declaring its intention to vacate and abandon a portion of 4TH
Street in Olivenhain; and
WHEREA~, On June 12, 1997, the Planning Commission made the
finding that the requested street vacation of a portion 4TH is
consistent with the City of Encinitas General Plan with respect to
location, purpose, and extent; and
WHEREAS, the City Council of the City of Encinitas on June 25,
1997 and July 16, 1997 continued the public hearing to August 27,
1997 and heard all persons interested in the proposed vacation at
RES5595.doc VA4931 bak 08-18-97
1661
6:00 p.m. in the City of Encinitas Council Chambers, 505 South
Vulcan Avenue, Encinitas, CA 92024; and
NOW BE IT THEREFORE RESOLVED that the City Council of-the City of
Encinitas, has adopted the resolution to vacate a portion of 4TH
Street as described in Exhibits "A" and "B", said land dedicated
to public use on Map 326 in accordance with the following:
The Project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
o
The project as proposed complies with the California
Environmental Quality Act since it is exempt form
environmental review.
There is no present of prospective public use for the
right-of-way.
RESERVING AND EXCEPTING from vacation and abandonment easements
and rights pursuant to any existing franchise or renewal thereof
for any public utility pursuant to any existing franchise, or
renewal thereof, at any time, of from time to time, to construct,
maintain, operate, replace, remove, renew, and enlarge overhead or
underground lines of pipe, conduits, cables, wires, poles, and
other structures, equipment, and fixtures for the transportation
and distribution of electrical or electronic energy and natural
gas, and the transportation and distribution of communication
signals and for incidental purposes including access to protect
the property from all hazards in, upon, over, and across the
describe portions of the attached Exhibits "C" and "D"; and
ALSO RESERVING AND EXCEPTING from vacation and abandonment
easements and rights for a private road and public utility
easements as described in attached Exhibit "E"; and
ALSO RESERVING AND EXCEPTING from vacation and abandonment
easements for the Cardiff Sanitation District, a perpetual
easement and right-of-way upon, through, under, over and across
the hereinafter described in attached Exhibit "F", for the
installation, construction, operation, maintenance, repair,
replacement, and reconstruction of SEWER pipe lines and/or mains,
manholes, sewer lateral pipe lines, and all structures incidental
thereto, together with the perpetual right to remove buildings,
structures, trees, bushes, undergrowth, flowers, and any other
obstructions interfering with the use of said easement and right-
RES5595.doc VA4931 bak 08-18-97
t662
of-way by the District, its successors or assigns and in addition
thereto, to remove soil and other materials within said right-of-
way and to use the same in such manner and at such locations as
said District may deem proper, needful or necessary in the
construction, reconstruction and maintenance of said sewer lines
or structures incidental thereto.
PASSED AND ADOPTED this 27th day of August, 1997, by the following
vote, to wit:
AYES:
NAYS:
Aspell, Bond, Cameron, Davis, DuVivier
None
ABSENT: None
ABSTAIN: None
ATTEST:
Deborah Cervone, City Clerk
/~n Davis, Mayor
City of Encinitas
RES5595.doc VA4931 bak 08-18-97
'1663
I, Deborah Cervone, City Clerk of the City of Encinitas, a political subdivision of the
County of San Diego, State of California, which is the owner of the public work described
within the Notice of Completion executed by said City of Encinitas, do hereby certify that I
have read the same and know the contents thereof and that the facts therein stated are true
of my own knowledge. I make this verification for and on behalf of the City of Encinitas.
Date:
l~--b-ora~h Cervone, CTty Clerk ·
STATE OF CALIFORNIA )
) ss
County of San Diego )
On this ~ ~ ~ day of ~Z~ ,19~7, before me, the undersigned, a Notary
Public in and for said State, p~rsonally appeared Deborah Cervone, personally known to
me to be the person who executed the within instrument as City Clerk of the City of
Encinitas, and acknowledged to me that she executed it in behalf of the City of Encinitas
pursuant to its by-laws or a resolution of the City Council.
WITNESS my hand and official seal.
~~ Randa G. Milljour
Comm. #1038151
NOTARY PUBLIC-CAUFORNI^
SAN DIEGO COUNTY
tMy Corem Exp Jan 6, 1999
Notary Publi~/ ~/
1-664
EXHIBIT "A"
STREET VACATION
PART OF 4TH STREET OF
THE COLONY OF OLIVENHAIN,
MAP 326
PART OF THE NORTHEASTERLY HALF OF 4TH STREET OF COLONY OF
OLIVENHAIN ACCORDING TO THE MAP THEREOF, No. 326, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, LYING
SOUTHERLY OF BLOCKS 18 AND 19 OF SAID SUBDIVISION AND NORTHERLY OF
ENCINITAS BOULEVARD ACCORDING TO ROAD SURVEY 458-66 A COPY OF WHICH
IS ON FILE WITH THE CITY OF ENCINITAS ENGINEERING DEPARTMENT, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF BLOCK 19 OF SAID COLONY
OF OLIVENHAIN; THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF
SAID 4TH STREET, S 72°05'13'' E, 163.07' TO THE NORTHWESTERLY LINE OF THE
PARCEL SHOWN AND DESCRIBED IN RECORD OF SURVEY No. 11810 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 22,
1986 AS FILE No. 88-480387 AND THE POINT OF BEGINNING; THENCE LEAVING THE
NORTHEASTERLY LINE OF SAID 4TH STREET AND ALONG THE NORTHWESTERLY
LINE OF SAID RECORD OF SURVEY, S 16015'40'' W, 40.02' TO THE CENTERLINE OF
SAID 4TH STREET; THENCE ALONG THE SAID CENTERLINE N 72°05'13'' W, 201.43'
TO A POINT ON A LINE, 54.00' FEET NORTHEASTERLY OF AND PARALLEL WITH
THE CENTER LINE OF SAID ENCINITAS BOULEVARD; THENCE ALONG SAID LINE N
65057'09'' W, 191.94' TO A 1,146.00' RADIUS CURVE CONCAVE NORTHEASTERLY AND
PARALLEL WITH AND 54.00' FROM THE CENTERLINE OF SAID ENCINITAS
BOULEVARD; THENCE ALONG SAID CURVE 122.14' TO THE NORTHEASTERLY
RIGHT OF WAY LINE OF SAID 4TH STREET AND LEAVING SAID LINE PARALLEL
WITH ENCINITAS BOULEVARD; THENCE ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE OF SAID 4TH STREET S 72°05'13'' E, 511.63' TO THE POINT OF BEGINNING.
F. D. RINEHART, RCE 28204
DATE
96228.D02
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EXHIBIT "C"
EASEMENT FOR
SAN DIEGO GAS AND ELECTRIC AERIAL FACILITIES
PART OF 4TH STREET OF
THE COLONY OF OLIVENHAIN,
MAP 326
A 12.00 FOOT WIDE EASEMENT, 6.00 FEET EACH SIDE OF EXISTING POLES AND
AERIAL FACILITIES LOCATED ON AND OVER THE FOLLOWING DESCRIBED
PARCEL:
PART OF THE NORTHEASTERLY HALF OF 4TH STREET OF COLONY OF
OLIVENHAIN ACCORDING TO THE MAP THEREOF, No. 326, FILED IN THE OFFICE OF
THE COUNTY RECOPd)ER OF SAN DIEGO COUNTY, JULY 8, 1885, LYING
SOUTHERLY OF BLOCKS 18 AND 19 OF SAID SUBDIVISION AND NORTHERLY OF
ENCINITAS BOULEVARD ACCORDING TO ROAD SURVEY 458-66 A COPY OF WHICH
IS ON FILE WITH THE CITY OF ENCINITAS ENGINEERING DEPARTMENT, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF BLOCK 19 OF SAID COLONY
OF OLIVENHAIN; THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF
SAID 4TH STREET, S 72°05'13" E, 163.07' TO THE NORTHWESTERLY LINE OF THE
PARCEL SHOWN AND DESCRIBED IN RECORD OF SURVEY No. 11810 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 22,
1986 AS FILE No. 88-480387 AND THE POINT OF BEGINNING; THENCE LEAVING THE
NORTHEASTERLY LINE OF SAID 4TH STREET AND ALONG THE NORTHWESTERLY
LINE OF SAID RECORD OF SURVEY, S 16015'40'' W, 40.02' TO THE CENTERLINE OF
SAID 4TH STREET; THENCE ALONG THE SAID CENTERLINE N 72°05'13'' W, 201.43'
TO A POINT ON A LINE, 54.00' FEET NORTHEASTERLY OF AND PARALLEL WITH
THE CENTER LINE OF SAID ENCINITAS BOULEVARD; THENCE ALONG SAID LINE N
65057'09'' W, 191.94' TO A 1,146.00' RADIUS CURVE CONCAVE NORTHEASTERLY AND
PARALLEL WITH AND 54.00' FROM THE CENTERLINE OF SAID ENCINITAS
BOULEVARD; THENCE ALONG SAID CURVE 122.14' TO THE NORTHEASTERLY
RIGHT OF WAY LINE OF SAID 4TH STREET AND LEAVING SAID LINE PARALLEL
WITH ENCINITAS BOULEVARD; THENCE ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE OF SAID 4TH STREET S 72°05'13'' E, 511.63' TO THE POINT OF BEGINNING.
96228.D05
1667
EXHIBIT "D"
EASEMENT FOR PACIFIC BELL FACILITIES
PART OF 4TH STREET OF
THE COLONY OF OLIVENHAIN,
MAP 326
A 5.00 FOOT WIDE EASEMENT, 2.50 FEET EACH SIDE OF EXISTING FACILITIES
LOCATED ON, UNDER AND OVER THE FOLLOWING DESCRIBED PARCEL:
PART OF THE NORTHEASTERLY HALF OF 4TH STREET OF COLONY OF
OLIVENHAIN ACCORDING TO THE MAP THEREOF, No. 326, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, LYING
SOUTHERLY OF BLOCKS 18 AND 19 OF SAID SUBDIVISION AND NORTHERLY OF
ENCINITAS BOULEVARD ACCORDING TO ROAD SURVEY 458-66 A COPY OF WHICH
IS ON FILE WITH THE CITY OF ENCINITAS ENGINEERING DEPARTMENT, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF BLOCK 19 OF SAID COLONY
OF OLIVENHAIN; THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF
SAID 4TH STREET, S 72°05'13'' E, 163.07' TO THE NORTHWESTERLY LINE OF THE
PARCEL SHOWN AND DESCRIBED IN RECORD OF SURVEY No. 11810 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 22,
1986 AS FILE No. 88-480387 AND THE POINT OF BEGINNING; THENCE LEAVING THE
NORTHEASTERLY LINE OF SAID 4TH STREET AND ALONG THE NORTHWESTERLY
LINE OF SAID RECORD OF SURVEY, S 16015'40" W, 40.02' TO THE CENTERLINE OF
SAID 4TH STREET; THENCE ALONG THE SAID CENTERLINE N 72°05'1Y' W, 201.43'
TO A POINT ON A LINE, 54.00' FEET NORTHEASTERLY OF AND PARALLEL WITH
THE CENTER LINE OF SAID ENCINITAS BOULEVARD; THENCE ALONG SAID LINE N
65°57'09" W, 191.94' TO A 1,146.00' RADIUS CURVE CONCAVE NORTHEASTERLY AND
PARALLEL WITH AND 54.00' FROM THE CENTERLINE OF SAID ENCINITAS
BOULEVARD; THENCE ALONG SAID CURVE 122.14' TO THE NORTHEASTERLY
RIGHT OF WAY LINE OF SAID 4TH STREET AND LEAVING SAID LINE PARALLEL
WITH ENCINITAS BOULEVARD; THENCE ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE OF SAID 4TH STREET S 72°05'13'' E, 511.63' TO THE POINT OF BEGINNING.
96228.D06
1668
EXHIBIT "E"
EASEMENT
FOR ROAD AND UTILITY PURPOSES
PART OF 4TH STREET OF
THE COLONY OF OLIVENHAIN,
MAP 326
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG
AND ACROSS PART OF THE NORTHEASTERLY HALF OF 4TH STREET, VACATED
AND CLOSED TO PUBLIC USE, OF COLONY OF OLIVENHAIN ACCORDING TO THE
MAP THEREOF, No. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 8, 1885, LYING SOUTHERLY OF BLOCKS 18 AND 19 OF SAID
SUBDIVISION AND NORTHERLY OF ENCINITAS BOULEVARD ACCORDING TO
ROAD SURVEY 458-66 A COPY OF WHICH IS ON FILE WITH THE CITY OF ENCINITAS
ENGINEERING DEPARTMENT, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF BLOCK 19 OF SAID COLONY OF
OLIVENHAIN; THENCE ALONG AN EXTENSION OF THE SOUTHEASTERLY LINE OF
"B" STREET, S 16015'40" W, 40.02' TO THE CENTERL1NE OF SAID 4TH STREET;
THENCE ALONG SAID CENTERLINE, N 72°05'13'' W, 38.36' TO A POINT ON A LINE,
54.00' FEET NORTHEASTERLY OF AND PARALLEL WITH THE CENTER LINE OF SAID
ENCINITAS BOULEVARD; THENCE ALONG SAID PARALLEL LINE N 65°57'09'' W,
1.67' TO A THE PROJECTION OF THE CENTERLINE OF SAID "B" STREET; THENCE
ALONG SAID PROJECTED LiNE N 16°15'40' E, 39.84' TO THE NORTHEASTERLY LiNE
OF SAID 4TH STREET AND ALONG SAID NORTHEASTERLY LINE; THENCE S
72°05'13'' E, 40.02' TO THE POINT OF BEGINNING.
96228.D03
· D. RINEHART, RCE 28204
DATE
1669
EXHIBIT "F"
EASEMENT FOR SEWER
PART OF 4TH STREET OF
THE COLONY OF OLIVENHAIN,
MAP 326
A 12' STRIP EASEMENT FOR SEWER PURPOSES OVER, UNDER, ALONG AND
ACROSS PART OF THE NORTHEASTERLY HALF OF 4TH STREET, VACATED AND
CLOSED TO PUBLIC USE, OF COLONY OF OLIVENHAIN ACCORDING TO THE MAP
THEREOF, No. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 8, 1885, LYING SOUTHERLY OF BLOCKS t8 AND 19 OF SAID
COLONY OF OLIVENHAIN AND NORTHERLY OF ENCINITAS BOULEVARD
ACCORDING TO ROAD SURVEY 458-66 A COPY OF WHICH IS ON FILE WITH THE
CITY OF ENCINITAS ENGINEERING DEPARTMENT, THE SIDELINES OF SAID STRIP
LYING 6 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWESTERLY CORNER OF BLOCK 19 OF SAID COLONY
OF OLIVENHAIN; THENCE ALONG THE NORTHEASTERLY LINE OF 4TH STREET,
N 72°05'13'' W, 289.83' TO A POINT ON A CURVE, PARALLEL WITH AND 65'
NORTHEASTERLY OF THE CENTERL1NE OF SAID ENCINITAS BOULEVARD,
CONCAVE NORTHEASTERLY, THE CENTER OF WHICH BEARS N 27° 15'19" E,
1,135.00' AND THE POINT OF BEGINNING; THENCE ALONG SAID CURVE, 63.54' TO A
LINE TANGENT TO SAID CURVE; THENCE S 65°57'09'' E, 294.29' TO THE CENTER OF
SAID 4TH STREET AND THE POINT OF TERMINUS; THE SIDELINES OF SAID STRIP
TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE NORTHERLY LINE
OF SAID 4TH STREET AT THE POINT OF BEGINNING AND AT THE CENTERLINE OF
SAID 4TH STREET AT THE POINT OF TERMINUS.
1670
INCLUDING;
A 12' STRIP EASEMENT FOR SEWER PURPOSES OVER, UNDER, ALONG AND
ACROSS PART OF THE NORTHEASTERLY HALF OF 4TH STREET, VACATED AND
CLOSED TO PUBLIC USE, OF COLONY OF OLIVENHAIN ACCORDING TO THE MAP
THEREOF, No. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 8, 1885, LYING SOUTHERLY OF BLOCK 18 OF SAID COLONY
OF OLIVENHAIN AND NORTHERLY OF ENCINITAS BOULEVARD ACCORDING TO
ROAD SURVEY 458-66 A COPY OF WHICH IS ON FILE WITH THE CITY OF ENCINITAS
ENGINEERING DEPARTMENT, THE SIDELINES OF SAID STRIP LYING 6 FEET EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWESTERLY CORNER OF BLOCK 19 OF SAID COLONY
OF OLIVENHAIN; THENCE ALONG THE NORTHEASTERLY LINE OF 4TH STREET,
N 72°05'13'' W, 115.02' THE POINT OF BEGINNING; THENCE S 19°23'09'' W, 14.51'-TO
THE NORTHEASTERLY SIDE LINE OF THE ABOVE DESCRIBED EASEMENT AND
THE POINT OF TERMINUS; THE SIDELINES OF SAID STRIP TO BE SHORTENED OR
LENGTHENED TO TERMINATE AT THE NORTHERLY LINE OF SAID 4TH STREET AT
THE POINT OF BEGINNING AND AT THE NORTHEASTERLY SIDE LINE OF SAID
SEWER EASEMENT AT THE POINT OF TERMINUS.
F. D. RINEHART, RCE 28204
DATE
96228.D04