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1997-637891Recording 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 DOg i997-069789i DEC 16, 19.97 !1:!.5 f%~ OFFICIAL RE[;O~DS ~N DIE~ ~t~TY RE~R'S OFFISE 8~80~ J. SMITH, ~T¥ RE~ORDER 0.00 ) SPACE ABOVE FOR RECORDER'S USE ONLY APN: 264-143-04, 264-143-55, 264-143-56, 264-143-57, 264-143-58, 264-143-59, 264-143-60 RESOLUTION NO. 97-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF CALIFORNIA STREET BETWEEN 14Th STREET AND RANCHO SANTA FE ROAD, IN OLIVENHAIN WHEREAS, the City of Encinitas made an application to vacate California Street between t4Th Street and Rancho Santa Fe Road in the community of Olivenhain; and WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of California Streets and Highway Code, and WHEREAS, On July 26, 1995, city staff distributed notices to residents within 300 feet of the proposed vacation and to all public utility companies, and WHEREAS, the City Council of the City of Encinitas on November 19, 1997, heard all persons interested in the proposed vacation at 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 summary vacate California Street between 14Th Street and Rancho Santa Fe Road in the RES5664.doc VA4395 bak 10-23-97 community of Olivenhain, as described in Exhibit "A", said land dedicated to public use on Map No. 326 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 is exempt form environmental review. There is no present or prospective public use for the right-of-way. RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement and right pursuant to drainage, through, upon, over, and across including access to protect the property from all hazards in, for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood drainage channel and all structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, together with a perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement, reserved for the City of Encinitas, easement described as the portion of land of the attached Exhibit "B"; and RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement and right pursuant to water pipelines, through, upon, over, and across including access to protect the property from all hazards in, for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of water pipelines and all structures incidental thereto, and together with a perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement, reserved for the Olivenhain Municipal Water District, easement described as the portion of land of the attached Exhibit "C"; and RESERVING AND EXCEPTING from vacation and abandonment, easements and rights pursuant to San Diego Gas & Electric for any public utility pursuant to any existing franchise or renewal thereof, at any time, of from time to time, to construct, maintain, operate, RES5664.doc VA4395 bak 10-23-97 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 that portion of Parcel 4 of Parcel Map 13491 recorded in the Office of the San Diego County Recorder on September 20, 1984; and RESERVING AND EXCEPTING from vacation and abandonment easements and rights incidental purposes including private road and public utilities in, upon, over, and across the describe portion of land of the attached Exhibit "D" ; PASSED AND ADOPTED this t9Th day of November, following vote, to wit: 1997, by the AYES: Aspell, Bond, Cameron, Davis, DuVivier NAYS: None ABSENT: None 660 ABSTAIN: None ATTEST: Deborah Cervone, City Cler~ I, Deborah Cervone, City Clerk of the City of Encinitas, California do hereby certify under penalty of perjury that the avove and foregoing is a true and correct cop~f t~b~ ~ocument~ file in my offic~. ~ ~,,{ ] /]/ -- f ~ Z9 ~ J~Davis, Mayor ~ ' City of Encinitas RES5664.doc VA4395 bak 10-23-97 ® · 0..9'~ AC. P, AR. I STREET VACATION o. 7 ~ AC./ ~. 661 ..% ; O..~7 AC. 0.-~'8 EXHIBIT 'A' 662, EXHIBIT 'B' LEGAL DESCRIPTION: EASEMENT RESERVATION FOR CITY OF ENCINITAS DRAINAGE EASEMENT All that portion of California Street as shown on Parcel Map No. 12676 recorded in the office of the San Diego County Recorder, State of California, on April 21, 1983, more particulars as described as follows: Commenci~ng at the southeast comer of Parcel 3 of Parcel Map No. 12676, said point located on the centerline of Rancho Santa Fe Road as shown on said map, thence along the easterly parcel line North 12034'28" East, 122.56 feet to the ~UE POINT OF BEGINNING; thence westerly parallel to the centerline of Rancho Santa Fe Road, North 39045'44" West, 87.54 feet; thence North 12034'28" West, 418.08 feet to the point being the intersection of the westerly line of California Street and the northerly line of West 14Th Street; thence along the northerly line of West 14Th Street to the westerly line of Parcel 4 of Parcel Map No. 13491, recorded in the office of the San Diego County Recorder on September 20, 1984, South 72°09'40'' East, 67.74; thence along an arc southwesterly, southerly, and southeasterly of a non-tangent curve having a radius of 48.00 feet, through a central angle of 124°51 '00" a distance of 104.60 feet, to the northwest comer of Lot 14 of Map No. 11956, recorded in the office of the San Diego County Recorder on November 16, 1987, a radial line to which bears North 2°58'49" West; thence along the easterly line of Parcel 3 of Parcel Map No. 12676, South 12034'28" East, 430.55 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the westerly 20.00 feet; and also Excepting therefrom all that portion of Parcel 4 of Parcel Map No. 13491, recorded in the office of the San Diego County Recorder on September 20, 1984. RES5664.doc VA4395 bak 10-23-97 663 EXHIBIT 'C' LEGAL DESCRIPTION: EASEMENT RESERVATION FOR OLIVENHAIN MUNICIPAL WATER DISTRICT All that portion of California Street as shown on Parcel Map No. 12676 recorded in the office of the San Diego County Recorder, State of California, on April 21, 1983, more particulars as described as follows: Commencing at the southeast corner of Parcel 3 of Parcel Map No. 12676, said point located on the centerline of Rancho Santa Fe Road as shown on said map, thence along the easterly parcel line North 12034'28'' East, 122.56 feet to the ~UE POINT OF BEGINNING; thence westerly parallel to the centerline of Rancho Santa Fe Road, North 39045'44" West, 87.54 feet; thence North 12034'28'' West, 418.08 feet to the point being the intersection of the westerly line of California Street and the northerly line of West 14Th Street; thence along the northerly line of West 14Th Street to the westerly line of Parcel 4 of Parcel Map No. 13491, recorded in the office of the San Diego County Recorder on September 20, 1984, South 72009'40'' East, 67.74; thence along an arc southwesterly, southerly, and southeasterly of a non-tangent curve having a radius of 48.00 feet, through a central angle of 124°51 '00" a distance of 104.60 feet, to the northwest corner of Lot 14 of Map No. 11956, recorded in the office of the San Diego County Recorder on November 16, 1987, a radial line to which bears North 2058'49'' West; thence along the easterly line of Parcel 3 of Parcel Map No. 12676, South 12034'28'' East, 430.55 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the westerly 20.00 feet; and also Excepting therefrom all that portion of Parcel 4 of Parcel Map No. 13491, recorded in the office of the San Diego County Recorder on September 20, 1984. RES5664.doc VA4395 bak 10-23-97 EXHIBIT 'D' 6 6 4 EASEMENT RESERVATION FOR PRIVATE ROAD AND UTILITIES PURPOSES A strip of land 28 feet wide, the Northerly sideline being described as follows: Beginning at the most northerly comer of Parcel 3 of Parcel Map No. 12676 recorded in the office of the San Diego County Recorder, State of California, on April 21, 1983, said point being the centerline intersection of California Street and West 14Th Street, thence westerly along the northerly parcel line along a curve concave to the north curve having a radius of 300 feet, through a central angle of 9°20'44'' a distance of 48.93 feet; Lying within the following described property: All that portion of Califomia Street as shown on Parcel Map No. 12676 recorded in the office of the San Diego County Recorder, State of California, on April 21, 1983, more particulars as described as follows: Commencing at the southeast comer of Parcel 3 of Parcel Map No. 12676, said point located on the centerline of Rancho Santa Fe Road as shown on said map, thence along the easterly parcel line North 12°34'28" East, 122.56 feet to the ~ POINT OF BEGINNING; thence westerly parallel to the centerline of Rancho Santa Fe Road, North 39°45'44'' West, 87.54 feet; thence North 12034'28" West, 418.08 feet to the point being the intersection of the westerly line of California Street and the northerly line of West 14Th Street; thence along the northerly line of West 14Th Street to the westerly line of Parcel 4 of Parcel Map No. 13491, recorded in the office of the San Diego County Recorder on September 20, 1984, South 72009'40" East, 67.74; thence along an arc southwesterly, southerly, and southeasterly of a non-tangent curve having a radius of 48.00 feet, through a central angle of 124051'00" a distance of 104.60 feet, to the northwest comer of Lot 14 of Map No. 11956, recorded in the office of the San Diego County Recorder on November 16, 1987, a radial line to which bears North 2058'49" West; thence along the easterly line of Parcel 3 of Parcel Map No. 12676, South 12°34'28" East, 430.55 feet to the TRUE POINT OF BEGINNING. RES5664.doc VA4395 bak 10-23-97