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1998-458594Recording 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 APN: 256-231-05, 256-231-12 256-231-15, 256-231-16 256-231-20, 256-231-25 1612 DOC i 98 0 58594 JUL 23, 19)98 ) ) OFFICIAL RECORDS ) ~ DIEGO COUNTY RECORDER'8 OFFICE ) GREGORY J. SMITH, COIJNTY RECORDER ) FEE8: 0.00 ) SPACE J~OVE [*OR RECORDER~ S USE ONLY RESOLUTION NO. 98-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION, OF A PORTION OF RIGHT- OF-WAY ON EUGENIE AVENUE, IN LEUCADIA WHEREAS, Thomas G. Uter and Diane U. Deneen made an application to vacate right-of-way on Eugenie Avenue in the community of Leucadia; 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 June 15, 1994, the City Council adopted a motion in the Leucadia Boulevard design to cul-de-sac Eugenie Avenue; and Wq{EREAS, On May 11, 1998, 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 July 15, 1998, 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, adopts the resolution to summary vacate right-of-way on Eugenie Avenue as described in Exhibits "A" and "B" in accordance with the following: RES5932.doc VA5525 bak 07-07-98 1613 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 or prospective public use for the right-of-way. RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement described as the portion of land of the attached Exhibit "C" to San Dieguito Water District in, upon, over and across the lands hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipe lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said easement, together with the right to clear and keep clear said easement from buildings, structures, trees and other material growths deemed detrimental to the purposes previously described, together with the right to require permission for any proposed change of grade over the easement; 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, 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 all that portion of land of the attached Exhibit "A"; 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" ; RES5932.doc VA5525 bak 07-07-98 1614 PASSED AND ADOPTED this 15Th day of July, 1998, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Aspell, Bond, Cameron, Davis, DuVivier None None None ATTEST: Deborah Cervone, City Clerk Lo~n Aspell, Ma~or City of Encinitas RES5932.doc VA5525 bak 07-07-98 1615 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of ~ ~- ~'~-~ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared /~/_,~/L~/~/-/ L"~,,~/,'d £,; ~_ , Name(s) of Signer(s) [~-r, Sonally known OR [] the basis of satisfactory evidence to be the person(s) to proved me to me on whose name(s~ subscribed to?~the within instrument and acknowlejlged to me that he~e_~hey executed the sam~ his~eCheir authorized capacity(ies), and that by hi~/'~er/~eir signature(s) on the instrument the person(s), ~ Randa G. Milljour ~jl~lll~ Comm. #1038151 ~ or the entity upon behalf of which the person(s) acted, ~,I.--~B~;-~M~J~,J_! NOTARYPUBLIC.CALIFORNI^ E executed the instrument. ~ ~/~',~"7~ SAN DIEGO COUNTY I~ M,/Comrn Exp Jan. 6, 1999 ~~.-=;:~;;.-;;;;::::-.:::::_- WITNESS my hand and official seal. /~/ Signature of Not~. Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator L~ Other: Signer Is Representing: Top of thumb here © 1995 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 1616 EXHIBIT "A" - LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION PARCEL "A" IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION THE PUBLIC ROAD EASMENT IN PARCEL 1 OF PARCEL MAP No. 14121, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JANUARY 21, 1986, SAID EASEMENT HAVING BEEN GRANTED BY SAID MAP AND SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY TERMINUS OF THE EASTERLY SIDELINE OF SAID EASEMENT; THENCE ALONG SAID SIDELINE NORTH 1°58'17" EAST 8.63 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE LEAVING SAID SIDELINE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°37'12" AN ARC DISTANCE OF 12.89 FEET TO A POINT OF REVERSE CURVATURE WITH A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30.50 FEET, WITH A RADIAL BEARING OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 63024'3 l" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59°34'05" AN ARC DISTANCE OF 31.71 FEET TO A POINT OF INTERSECTION WITH SAID EASTERLY SIDELINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 45036'55" AN ARC DISTANCE OF 24.28 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY SIDELINE OF SAID EASEMENT; THENCE ALONG SAID WESTERLY SIDELINE NORTH 1°58'17" EAST 40.42 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID EASEMENT SOUTH 89°41'33" EAST 20.01 FEET TO THE NORTHEAST CORNER OF SAID EASMENT; THENCE ALONG THE EASTERLY SIDELINE OF SAID EASEMENT SOUTH 1°58'17" WEST 53.61 FEET TO THE TRUE POINT OF BEGINNING; THE HEREINABOVE-DESCRIBED PARCEL CONTAINS 0.021 ACRE, MORE OR LESS. Mark A. Brencick P.L.S. 7226 LANDMARK CONSULTING 1617 EXHIBIT "B" - PLAT FOR R/W VACATION IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 2o' R/W LOT 21 I /PER MAP NO. 2555 lOT 2 / MAP jxJo~ / ,_ MAP l\Jo. _o 10' 10' '--~...... £[NSB'54'$O"W 295.56']] ~ 20 01 , / E I ,.~ g '~' ~PARCEL A-/,,~ [ ] - MAP 554-7 ~ ~; F~ I ~=45'36'55" X ~ J ~ ~ · , ~ R=30 5' k ~1 : ~ Z ~ ~ // PARCEL) I (PROP. DEDICAnONSX '~ ~ ~ / ~ / , 5CA~r. ~', - ~n' ~CE~) X I ~ ~ ~ ~ ,' ~ _ ~=~0, ,, ~' ,, ~ z ~ ~ D=24'37 12 /AVl (NgB'54'~"W ~ [~ ~ ~ ~ ~~ -L~I2 aB' ~o. o2)~ ~ , ~ I~ / / - ' ' , ~ ~ u V ~ 8.65' ~N , ~ P.O.B. - SO L Y TERMINUS OF E'L Y N89"54'50"W ~ SIDELINE OF PUBLIC ROAD E3M'T ZOO' L 0 T I ~* 6o' S/W LOT 27 0o2~ = PER MAP NO. 3547 Jo'.J JO' ~ MAP No. 3547  ~UCADIA BL VO~ PROJECT MARK A. B~ENCICK } ~ L.S. 7~2~ [¢~xp. ~:/3~/ ~ ~ C 0 N S U Lrl N O ~CINIW MAP 1618 EXHIBIT "C" - RESERVATION: LEGAL DESCRIPTION FOR SAN DIEGUITO WATER DISTRICT EASEMENT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION OF THE PUBLIC ROAD EASEMENT IN PARCEL 1 OF PARCEL MAP No. 14121, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF JANUARY 21, 1986, SAID EASEMENT HAVING BEEN GRANTED BY SAID MAP AND SAID RESERVATION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 10 FEET OF SAID PARCEL 1 OF SAID MAP. RES5932.doc VA5525 bak 07-07-98 1619 EXHIBIT "D" - RESERVATION: LEGAL DESCRIPTION FOR PRIVATE ROAD AND UTILITIES EASEMENT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION OF THE PUBLIC ROAD EASEMENT IN PARCEL 1 OF PARCEL MAP No. 14121, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF JANUARY 21, 1986, SAID EASEMENT HAVING BEEN GRANTED BY SAID MAP AND SAID RESERVATION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 2 FEET OF SAID PARCEL 1 OF SAID MAP. RES5932.doc VA5525 bak 07-07-98