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2002-208652¥% DOC 2002-0208652 Recording 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 ) MAR i2, 2002 4: 22 PM ) ) OFFICIAL REEBI~ ) 8~ DIEGO ~ E~(]I~'S ~IOE ) 8E8~ J. NM, ~ E~ ) FEB: 0.00 ) ) ) ) SPACE ABOVE FOR RECORDER' S USE ONLY APN: 260-281-14, 260-283-12, 260-283-13. ~~ NO. 2002-06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION, OF EXISTING RIGHT-OF- WAY FOR PUBLIC ROAD PURPOSES ON SHEFFIELD AVENUE BETWEEN BRISTOL AVENUE AND ROSSINI DRIVE WHEREAS, Rossini Park Estates, LLC submitted an application to vacate existing right-of-way for public road purposes on Sheffield Avenue between Bristol Avenue and Rossini Drive as shown on Exhibit 1; 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 December 12, 2001, 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 February 27, 2002, 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 existing right-of-way for public road purposes on Sheffield Avenue between Bristol Avenue and Rossini Drive in accordance with the following: The project as proposed is consistent with the City of Encinitas General Plan and General Plan Circulation Element in that the portion of Sheffield Avenue being vacated is not a circulation element road as within the General Plan. G: \Debra\Resolutions\RES-ROSSINI 6997 VA-dg.doc o o The project as proposed complies with the California Environmental Quality Act since it is exempt from environmental review pursuant to Section 15061(B) (3) of the CEQA Guidelines. There is no present or prospective use identified for the public right-of-way on the vacated portion of Sheffield Avenue. RESERVING AND EXCEPTING following easements: o from vacation and abandonment the A 12' wide public utility and emergency vehicular access easement as shown on Exhibit 2. A San Diego Gas and Electric Company utility easement over the Easterly 25' of the proposed vacated area as shown on Exhibit 3. A Cox Communications utility easement over the Easterly 6' of the proposed vacated area as shown on Exhibit 4. PASSED AND ADOPTED this 27th day of February, following vote, to wit: AYES: Bond, Guerin, Houlih~n, Stocks. NAYS: Holz ABSENT: No~ev ABSTAIN: None. 2002, by the Christy Guh~r~ln, Mayor city of Encinitas b~b-orah cervone, city Clerk I, Deborah Cervone, City Clerk of the City of Encinitas, California do hereby certify under penalty of perjury that the above and foregoing is a true and correct copy of lhis document on file in my office. In witness whereof, I have set my hand and the Seal of the City of Encinitas lhis.~~'''' day of~20 Deborah Cervone, City Clerk, _~(...~~ G: \Debra\Resolutions\RES-ROSSINI 6997 VA-dg.doc EXI4r~IT~- ~- 'LEGAL DESCRIPTION A PORTION OF SHEFFIF. LD AVENUE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DEDICATED PER MAP THE~OF NO. 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1913, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF ROSSINI DRIVE AND SHEFFIELD AVENUE, THENCE NORTH 57056'35'' EAST ALONG THE CENTERLINE OF SHEFFIELD AVENUE 22.15 FEET TO THE TRUE-POINT-OF- BEGINNING; THENCE CONTINUING NORTH 57°56'35" EAST ALONG SAID CENTERLINE OF SAID SHEFFIELD AVENUE, 39.53 FEET TO THE BEGINNING OF A TANGENT 171.32 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT' BEARS NORTH 32°03'25TM WEST, THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF SHEFFIELD AVENUE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'05" AN ARC LENGTH OF 49.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 74025'40" EAST ALONG SAID CENTERLINE OF SHEFFIELD AVENUE, 49.37 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WESTERLY .RIGHT-OF-WAY OF BRISTOL AVENUE; THENCE SOUTH 00024'20" EAST ALONG SAID NORTHERLY EXTENSION OF SAID WESTERLY RIGHT-OF-WAY OF SAID BRISTOL AVENUE, 40.82 FEET TO A POINT OF CUSP OF A NON-TANGENT 15.28 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID POINT ALSO BEING ON A POINT OF CURVATURE OF THE SOUTHWEST RETURN OF SHEFFIELD AVENUE AND BRISTOL AVENUE, A RADIAL TO SAID POINT BEARS .NORTH 89035'40" EAST, THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF SHEFFIELD AVENUE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 104°52'37'' AN ARC LENGTH OF 27.97 FEET; THENCE TANGENT TO SAID CURVE SOUTH 74043'03" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY, 24.02 FEET TO THE BEGINNING OF A NON-TANGENT 153.73 FOOT tLkDIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 15°46'08" WEST, THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°13'19" AN ARC LENGTH OF 43.53 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 58034'30" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY, 32.20 FEET TO THE BEGINNING OF A NON-TANGENT 26.18 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 31041'27" WEST, THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY OF SAID CURVE THROUGH A CENTRAL ANGLE OF 66°43'08" AN ARC LENGTH OF 30.49 FEET TO A POINT OF CUSP, SAID POINT ALSO BEING ON A POINT OF CURVATURE OF TIlE SOUTHEAST RETXJRN OF SHEFFIELD AVENUE AND ROSSINI DRIVE; THENCE NORTH 06°37'40" WEST, 39.17 FEET TO THE TRUE-POINT-OF-BEGINNING. SEE EXqRIBIT "12B" ATTACHED HEP~TO AND MADE A PART THEREOF. S 5SNI~ES~N 1121~LEGALS\12A. doc ?L^T 20' PORTION OF AVENUE TO BE VACATED BY SEPARATE DOCUMENT PORT]ON OF ROSSINI DRIVE-~ TOBE VACATED BY SEPARATE DOCUI~ENT ~ T.P.O ROSSINI DRIVE )"W N 06'37'40" W z~=66' 43' 08" R=26,18' L=30,49' "'1 P.O,B. N 06'37'40" 39.17' PAR½( HOWARD DYE L.S. 4068 2/14/02 DATE $: \SN [PES\EN112,X\DgG\EX-12B EXlqIBIT- Z LEGAL DESCRIPTION A PORTION OF SHEFFIELD AVENUE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DEDICATED PER MAP THEREOF NO. 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1913, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF ROSSINI DRIVE AND SHEFFIELD AVENUE, THENCE NORTH 57°56'35'' EAST ALONG THE CENTERLINE OF SHEFFIELD AVENUE 22.15 FEET TO THE TRUE-POINT-OF- BEGINNING; THENCE CONTINUING NORTH 57o56'35" EAST ALONG SAID CENTERLINE OF SAID SHEFFIELD AVENUE, 39.53 FEET TO THE BEGINNING OF A TANGENT 171.32 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 32o03'25" WEST, THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF SHEFFIELD AVENUE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16o29'05" AN ARC LENGTH OF 49.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 74o25'40" EAST ALONG SAID CENTERLINE OF SHEFFIELD AVENUE, 49.37 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY OF BRISTOL AVENUE; THENCE SOUTH 00o24'20" EAST ALONG SAID NORTHERLY EXTENSION OF SAID WESTERLY RIGHT-OF-WAY OF SAID BRISTOL AVENUE, 12.43 FEET, THENCE LEAVING SAID WESTERLY RIGHT- OF-WAY SOUTH 74°25'40'' WEST 46.12 FEET TO THE BEGINNING OF A TANGENT 159.32 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO 8AID POINT BEARS NORTH 15o34'20" WEST, THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'05'' AN ARC LENGTH OF 45.84 FEET; THENCE SOUTH 57o56'35" WEST 45.24 FEET; THENCE NORTH 06o37'40" WEST 13.29 FEET TO THE TRUE- POINT-OF-BEGINNING.. SEE EXHIBIT "13B" ATTACHED HERETO AND MADE A PART THEREOF. S:~SNIPES~E-NI 12 IkLEGALS\13A.doc 20' TO BE VACATED BY SEPARATE DOCUMENT ROSSINI DRIVE 20' S00'24 '20"E 12.43' OF' SHEFFZELD AVENUE TO BEVACATED BY THIS DOCUt~NT '29'05" R=159.32' L=45.84' 'ROPOSED 12' WIDE EMERGENCY VEHICLE ACCESS EASEMENT T .P.O.B N 06'37'40" W P,O,B, 06'37'40" 13.29' 2/15/02 HOWARD DYE L.S. 4068 DATE S: \SNIPES\EN112X\D~/~\EX- 13~. D~/G EX. IT-- 3 LEGAL DESCRIPTION A PORTION OF SHEFFIELD AVENUE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DEDICATED PER MAP THEREOF NO. 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1913, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF ROSSINI DRIVE AND SHEFFIELD AVENUE, THENCE NORTH 57056'35'' EAST ALONG THE CENTERLINE OF SHEFFIELD AVENUE 61.68 FEET TO THE BEGINNING OF A TANGENT 171.32 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 32°03'25" WEST, THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF SHEFFIELD AVENUE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16029'05" AN ARC LENGTH OF 49.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 74025'40" EAST ALONG SAID CENTERLINE OF SHEFFIELD AVENUE, 23.47 FEET TO THE TRUE-POINT-OF-BEGINNING; THENCE CONTINUING NORTH 74°25'40" EAST ALONG sAID CENTERLINE OF SHEFFIELD AVENUE 25.90 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY OF BRISTOL AVENUE; THENCE SOUTH 00°24'20'' EAST ALONG SAID NORTHERLY EXTENSION OF SAID WESTERLY RIGHT-OF-WAY OF SAID BRISTOL AVENUE, 40.82 FEET TO A POINT OF CUSP OF A NON-TANGENT 15.28 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID POINT ALSO BEING ON A POINT OF CURVATURE OF THE SOUTHWEST RETURN OF SHEFFIELD AVENUE AND BRISTOL AVENUE, A RADIAL TO SAID POINT BEARS NORTH 89035'40" EAST, THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF SHEFFIELD AVENUE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 104052'37" AN ARC LENGTH OF 27.97 FEET; THENCE TANGENT TO SAID CURVE SOUTH 74°43'03" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY, 6.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY NORTH 00024'20" WEST 20.82 FEET TO THE TRUE-POINT-OF-BEGINNING. SEE EXHIBIT "14B" ATTACHED HERETO AND MADE A PART THEREOF. S :kqNIPESkEN 1121 kLEGALS\I 4A.doc 20' T.P.O.B PORTION OF ROSSINI DRIVE-~"~. TO BE VACATED BY SEPARATE ROSSINI DRIVE N 06'37'40" W P.O.B. ~=104'52'37" R=15.28' --"% L=27.97, \x__N15'16'57"W(R2 S74'43'03"W ?O"W 20.82' OF SHEFFIELD AVENUE TO BE VACATED BY THIS DOCUMENT R DSS/J\/J PAR½¢ 2/15/02 G. HOWARD DYE L.S. 4068 DATE S: \SN]PES~:N112X\D~IIGNEX- 14B.Dt~ EX_q-IIB IT -. Z~ LEGAL DESCRIPTION A PORTION OF SHEFFIELD AVENUE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DEDICATED PER MAP THEREOF NO. 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 1913, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF ROSSINI DRIVE AND SHEFFIELD AVENUE, THENCE NORTH 57056'35'' EAST ALONG TI-'IE CENTERLINE OF SHEFFIELD AVENUE 61.68 FEET TO THE BEGINNING OF A TANGENT 171.32 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A R_kDIAL TO SAID POINT BEARS NORTH 32°03'25" WEST, THENCE NORTHEASTERLY ALONG SAID CEN'I]~RLINE OF SHEFFIELD AVENUE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'05TM AN ARC LENGTH OF 49.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 74°25'40'' EAST ALONG SAID CENTERLINE OF SHEFFIELD AVENUE, 43.15 FEET TO THE TRUE-POINT-OF-BEGINNING; THENCE CONTINUING NORTH 74°25'40" EAST ALONG SAID CENTERLINE OF SHEFFIELD AVENUE 6.22 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY OF BRISTOL AVENUE; THENCE SOUTH 00°24'20'' EAST ALONG SAID NORTHERLY EXTENSION OF SAID WESTERLY RIGHT-OF-WAY OF SAID BRISTOL A\rENUE, 40.82 FEET TO A POINT OF CUSP OF A NON-TANGENT ! 5.28 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID POINT ALSO BEING ON A POINT OF CURVATURE OF THE SOUTHWEST -RETURN OF SHEFFIELD AVENUE AND BRISTOL AVENUE, A RADIAL TO SAID POINT BEARS NORTH 89°35'40" EAST, THENCE NORTHERLY AND NORTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF SHEFFIELD AVENUE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°36'11TM AN ARC LENGTH OF 14.03 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 00°24'20'' WEST 27.06 FEET TO THE TRUE-POIhwr-OF-BEGINNING. SEE EXHIBIT "15B" ATTACHED HERETO AND MADE A PAT THEREOF. S:/SNIPES/BN1121/LEGALS\I SA. doc 20' T.P.O. TO BE VACATED BY SEPARATE ROSSINI DRIVE N 06'37'40" W P.O.B, '36' 11" R=15.28' \ L=14.03' ~ _N,~,,~' 59 ' 29"E~R~ NO0' 24' 2O "W 27.06' PORT ! ON OF SHEFF I ELD AVENUE TO BE VACATED BY THIS DOCUMENT 2/15/02 re SC*L[ G. HOWARD DYE L.S. 4068 DATE s: \SNI PES'~:N112X\DI~\EX- 1,f~l. ~