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1991-375215Recording Requested By: city of Encinitas When Recorded Mail To: City Engineer City of Encinitas 527 Encinitas Boulevard Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY) ) SPACE ABOVE FOR RECORDER'S USE ONLY A.P.N. 256-301-11 RESOLUTION NO. 92-25 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 sr2754 835 WHICH A RADIAL LINE BEARS NORTH 77'17'42" WE~T, 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 SHOWN 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 THIS10thDAY OF FOLLOWING VOTE, TO WIT: 3une , 1992, BY THE AYES: NAYS: None ABSENT: None ABSTAIN: None Davis, Hano, Omsted, Slater, Wiegand MAURA WIEGAND, MAYOR OF THE CITY OF ENCINITAS I, E. JANE POOL, City Clerk of the City of Encinites, California do hereby certify under penalty of perjury that the above and foregoing is 8 true and correct colby of thi~ doeument on file in my office. In witness whereof I have set my hand and the Seal of the City ;~f Encinitas this -..~-~.deyof. /,//~_l..v,.~_~./_,/~ ,19 ~ .... " F~.,~ne P°ol. City Clerk SR2754 836