2003-1316240DOE 2003-1316240
OOT 29, 2003 3:38 PM
Recording Requested By:
City Engineer
When Recorded Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'8 OFFICE
GREGORY J. ~ITH, COUNTY RECORDER
FEES: 0.00
SPACE ABOVE FOR RECORDER'S USE
APN:
~2-54-362-01,
t2'254-362-14,
~/254-362-32
RESOLUTION NO. 2003-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, APPROVING THE SUMMARY VACATION, OF A PORTION OF
RIGHT-OF-WAY ON SAXONY ROAD, IN LEUCADIA
WHEREAS, The City of Encinitas made an application to vacate a portion of right-of-way on
Saxony Road in the community of Leucadia; and
WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of
Califomia Streets and Highway Code, and
WHEREAS, On June 15, 1994, the City Council adopted a motion in the Leucadia Boulevard
design to realign Saxony Road; and
WHEREAS, On June 18, 2001, the City completed the construction of the realignment of Saxony
Road at Leucadia Boulevard; and
WHEREAS, On June 23, 2003, 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 October 22, 2003, 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
VA 5527 Eugenie Resoultion.doc 09/04/2003
ATTACHMENT 'B'
NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas, adopts
the resolution to summary vacate right-of-way on Saxony Road as described in Exhibits "A" and
"B" 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 from environmental review.
3. There is no present or prospectivepublic access 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 Exhibits "A" and "B" defined as Parcel A and
Parcel B 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 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, a perpetual easement
described as the portion of land of the attached Exhibits "A" and "B" defined as Parcel A and
Parcel B 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; and
VA 5527 Eugenie Resoultion.doc 09/04/2003
RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement and
right-of-way described as ,the portion of land of the attached Exhibits "A" and "B" defined as
Parcel A and Parcel B to the City of Encinitas upon, through, under, over and across the
hereinafter described real property for access as required 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 fight to remove buildings, structures, trees, bushes, undergrowth, flowers, and any
other obstructions interfering with the use of said easement and right-of-way by Grantee, 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 Grantee may deem
proper, needful or necessary to obtain access as needed in the construction, reconstruction and
maintenance of said sewer lines or structures incidental thereto; and,
RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement
described as the portion of land of the attached Exhibits "A" and "B" defined as Parcel A and
Parcel B for easements and rights incidental purposes for public utilities in, upon, over, and across
the described portion of land;
BE IT ALSO RESOLVED that the City Clerk of the City of Encinitas shall cause a certified copy
of the Resolution of Vacation, attested by the Clerk under seal, to be recorded without
acknowledgement or further proof, in the Office of the County Recorder. Upon such recordation,
the vacation process shall be deemed complete.
PASSED AND ADOPTED this 22na day of October, 2003, by the following vote, to wit:
AYES: Bond, Dalager, Guerin, Houlihan, Stocks
NAYES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Deborah Cervone, City Clerk
VA 5527 Eugenie Resoultion.doc 09/04/2003
I, Deborah Cervone, City Clerk of the City of Encinitas,
California do hereby certily under penalty of perjury that
the above and foregoing i~ a-true and correct copy of
this document on file in my office. In witness whereoL
I have set my hand and the Sea. I of the City ..oJ, Encinitas
Ihisc--~,, day of /""?.).,n .M'..~. :~)L.~.. /'"3
Deborah Cervone, Ci~ C~erk~/~_~
EXHIBIT "A"
STREET VACATIONS
PARCEL A:
That portion of Saxony Road of Hillside Acres, in the County of San Diego, State of
California, according to Map thereof No. 1992, filed in the office of the County Recorder
of San Diego County on January 25, 1927, describe as follows:
Beginning at the southeast comer of Lot 13 of said map, thence northerly along said
easterly lot line North 00°39'45" East 51.24 feet to the True Point of Beginning; thence
continuing along said lot line North 00o39'45" East 170.77 feet to a point on a non-
tangent curve whose radial bearing is North 80026'26" East; thence leaving said lot line
southerly along a curve concave to the east having a radius of 630.00 feet a distance of
82.80 feet through a central angle of 07°31'51" to a point on the centerline of Saxony
Road; thence leaving said curve southerly along said centerline South 00039'45" West
87.06 feet to a point on a non-tangent curve concave to the north having a radius of
1330.00 feet to which a radial line bears North 09028'42" West; thence westerly 20.29
feet along said curve through a central angle 00o52'27" to the True Point of Beginning.
PARCEL B:
That portion of Saxony Road of Hillside Acres, in the County of San Diego, State of
California, according to Map thereof No. 1992, filed in the office of the County Recorder
of San Diego County on January 25, 1927, describe as follows:
Beginning at the southeast comer of Lot 13 of said map, thence northerly along said
easterly lot line North 00039'45" East 51.24 feet to the a point on a non-tangent curve
concave to the north having a radius of 1330.00 feet to which a radial line bears North
08°36'15" West; thence easterly 20.29 feet along said curve through a central angle
00o52'27" to the True Point of Beginning said point being on the centerline of Saxony
Road; thence leaving said curve north along said centerline North 00°39'45'' East 87.06
feet to a point on a non-tangent curve concave to the east having a radius of 630.00 feet
to which a radial line bears North 72054'35" East; thence leaving said centerline
southerly along said curve 58.06 feet through a central angle of 05°16'50"; thence
tangent South 22°22'14" East 4.21 feet to a tangent curve concave to the northwest
having a radius of 20.00 feet; thence southwesterly along said curve 35.81 feet through a
central angle of 102034'54" to a point of compound Curve concave northerly having a
radius of 1330.00 feet to which a radial line bears North 09047'20" West; thence westerly
7.21 feet along said curve th. rough a central angle of 00018'39" to the True Point of
/~ .. 22
Date
Beginning.
Prepared by:
C ity~of-jEncinitas -~~
~Allen Knoll
L.S. 7376
NO. L 7376 .,,
Exhibit 'B'
Scale: 1" = 40'
SAXONY RD
PER HAP 1992.
POB¥, Lo~ I] 8
254-562-52
GAFNER MGMT,
TPOB_A ~ r+_ R RSI
NO8O36'iS"W(R) ,9ozo'~z"W(R)
PER MAP 1992
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.... ;~., ~?_ ..... ~~.~:_.' ~?zt® ....
, dREPARED B'Y"BEAIR ALLEN ~NOLL
~ LS 7~76 ExP. 12/05
City of Encinitas
LEUCADIA/SAXONY
STREET VACATION
SHEET I OF ~
Exhibit 'B'
LENGTH RADIUS A/BEARING
170.77' N00°39'45"E
82.80' 630.00' 07031'51"
87.06' N00039'45"E
20.29' 1330.00' 00o52'27''
58.06' 630.00' 05°16'50"
4.21' S22°22'14"E
35.81' 20.00' 102034'54''
7.21' 1330.00' 00018,39''
//]//Centerlines
./I /' Property Lines
Parcel A Area = 2503 SF
Parcel B Area = 1172 SF
LEUCADIA BLVD.
Site
VICINITY MAP
(NO SCALE)
I/
PREPARED B'~:~-E~X'i'R ALLEN KNOLL
~. LS 7376 ExP. 12/05
City of Encinitas
LEUCADIA/SAXONY
STREET VACATION
SHEET Z OF ~