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
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STREET VACATION
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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.
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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.
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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.
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