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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 1665 1666 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