1992-381278Recording Requested By:
City of Encinitas
When Recorded Mail To:
City Engineer
City of Encinitas
527 Encinitas B1.
Encinitas, Calif. 92024
FOR THE BENEFIT OF THE CITY
A.P.N. 256-301-11
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RESOLUTION NO. 92-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
TO DEDICATE AN EASEMENT FOR PUBLIC ROADWAY PURPOSES
ALONG THE EASTERLY BOUNDARY OF ORPHEUS PARK
WHEREAS, THE CITY OF ENCINITAS IS OWNER OF LOT 11 IN BLOCK U
OF SEASIDE GARDENS ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1801, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AUGUST 6, 1924;
WHEREAS, THE CITY OF ENCINITAS WISHES TO CONSTRUCT AND
MAINTAIN STREET IMPROVEMENTS ON ORPHEUS AVENUE ALONG THE EASTERLY
FRONTAGE OF SAID LOT 11 IN CONJUNCTION WITH CONSTRUCTION OF ORPHEUS
PARK;
WHEREAS, SAID STREET IMPROVEMENTS SHOULD BE CONTAINED WITHIN
AN EASEMENT FOR PUBLIC ROADWAY PURPOSES;
NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENCINITAS TO CREATE AN EASEMENT FOR PUBLIC ROADWAY PURPOSES AS
DESCRIBED IN THE FOLLOWING AND DEPICTED IN ATTACHED EXHIBIT "A":
THAT PORTION OF LOT 11 IN BLOCK U OF SEASIDE GARDENS ANNEX, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 1801, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1924, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ORPHEUS AVENUE WITH
UNION STREET AS SHOWN ON SAID MAP NO. 1801 AND SHOWN AS A CONCRETE
MONUMENT WITH DISC MARKED LS 3788 ON MAP NO. 11456, AS RECORDED ON
FEBRUARY 25, 1986 IN SAID SAN DIEGO COUNTY RECORDER'S OFFICE;
THENCE NORTH 3°47'30'' EAST ALONG THE CENTERLINE OF ORPHEUS AVENUE
AS SHOWN ON SAID MAP NO. 11456, A DISTANCE OF 86.20 FEET; THENCE
NORTH 86°12'30'' WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF ORPHEUS AVENUE, AS DEDICATED ON SAID
MAP NO. 11456, SAID POINT BEING THE BEGINNING OF A NON-TANGENT, 570
FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID
CURVE A DISTANCE OF 88.67 FEET THROUGH A CENTRAL ANGLE OF 8°54'47''
TO A POINT ON THE SOUTHERLY LINE OF LOT 1 OF SAID MAP NO. 11456 TO
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WHICH A RADIAL LINE BEARS NORTH 77°17'42'' WEST, ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE, CONTINUING SOUTHERLY ALONG SAID 570 FOOT RADIUS CURVE A
DISTANCE OF 74.00 FEET THROUGH A CENTRAL ANGLE OF 7°26'18'' TO THE
END OF SAID CURVE; THENCE SOUTH 20°8'36'' WEST ALONG A TANGENT FOR
A DISTANCE OF 157.42 FEET; THENCE SOUTH 69°51'24'' EAST A DISTANCE
OF 5.00 FEET TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF SAID
ORPHEUS AVENUE AS SHOW-N ON SAID MAP NO. 1801~ THENCE NORTH 20°8'36''
EAST A DISTANCE OF 235.22 FEET ALONG SAID RIGHT-OF-WAY TO THE
SOUTHERLY LINE OF SAID MAP NO. 11456; THENCE NORTH 89°28'56'' WEST
A DISTANCE OF 11.91 FEET ALONG SAID SOUTHERLY LINE TO THE TRUE
POINT OF BEGINNING.
PASSED AND ADOPTED THIS10t~Ay OF June
FOLLOWING VOTE, TO WIT:
, 1992, BY THE
AYES:
NAYS: None
ABSENT: None
ABSTAIN: None
Davis, Hano, 0msted, Slater, Wiegand
CITY OF ENCINITAS
NOTE: DUE TO AN INCORRECT
RESOLUTION NUMBER, THE CITY
OF ENCINITAS RESOLUTION RECORDED ON
JUNE 17, 1992 AS DOCUMENT NO.
1992-0375815 IS HEREBY INVALIDATED
AND REPLACED WITH THIS DOCUMENT.
I, E. JANE POOL, City Clerk of the City of Encinitas, California
do hereby certify under penal~ of perjury that the above
and foregoing is a true and correct copy of this document
on file in my office. In witness whereof I have ~et my hand
and the Seal of the City.of Encinitas this
- ne Poo' . ( lerk '
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