2013-319712 DOC # 201 3-031 9712
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MAY 21, 2613 3:56 PM
OFFICIAL RECORDS
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Recording Requested by: SAN DIEGO COUNTY RECORDER'S OFFICE
;;a , - ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER
City of Encinitas ) FEES: 0.00
PAGES: 4
WheCle Recorded, Mail to: 11111 IN IN
City City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the City ) SPACE ABOVE FOR RECORDER'S
/ USE ONLY
APN: 259-261-29 ✓
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RESOLUTION NO. 2013-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, APPROVING THE VACATION OF AN EXISTING IRREVOCABLE
OFFER OF DEDICATION LOCATED AT 1315 DIAMOND HEAD DRIVE.
WHEREAS, Michael Brawner and Sara B. Mertz, husband and wife, as joint tenants,
submitted an application to vacate an existing irrevocable offer of dedication on a portion of land
that is on the south side of Diamond Head Drive adjacent to 1315 Diamond Head Drive, in the City
of Encinitas 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 February 13, 2013, City staff distributed notices to residents within 500
feet of the proposed vacation and to all public utility companies and
WHEREAS, the City Council of the City of Encinitas on April 24, 2013, 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
NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas,
has adopted the Resolution to vacate the existing irrevocable offer of dedication Recorded June 14,
1978 as Instrument Number 78-246853 adjacent to 1315 Diamond Head Drive, in the City of
Encinitas per Exhibit B in accordance with the following:
3. The irrevocable offer of dedication vacation 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,
4. There is no present or prospective public use identified for the irrevocable offer of
dedication on the vacated portion of 1315 Diamond Head Drive.
5. Diamond Head Drive is a private street.
RESERVING AND EXCEPTING from vacation and abandonment all existing private
and public easements other than easements specifically vacated hereon.
PASSED AND ADOPTED this 24`h day of April, 2013, by the following vote, to wit:
AYES: Barth, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
Teresa Barth, Mayor
City of Encinitas
A- WA
Kathy° ollywood, City Clerk
I, Kathy Hollywood,City Cie*d the CRY d Wft
California,do hereby cei y under Pert*Of Pmltay that
the above and foregoing is a trae and correct copy d
this document on file in my db.in wbm whereof,
I have set my hand and ft Sod d 1pa� woman#
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EXHIBIT 'B'
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PA
EXISTING 40' PRIVATE
ROAD EASEMENT PER
j QF-%q F NO. 76-305749
DATE:09-17-76
,
,BOOK 1976 OF O.R.
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6 1Q60,
EXISTING 30' IRREVOCABLE Y
w `o;'` ' OFFER TO DEDICATE REAL
in PROPERTY FOR ROADWAY
N PURPOSES GRANTED TO THE
10 N COUNTY OF SAN DIEGO PER:
N M F/P NO. 78-246853,
P i1 r�r _I CD PAp/'�c1 2 DATE: 06-14-78, BOOK 1978
A f'1:.✓�!, Z
_ ��p OF O.R.
Jvl /J J J P.M. 7668 ' r)�,r I L r
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0 20 40 80 AREA=15,5.39 SQ. FT. c� m
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SCALE: 1 "=40' P/L9'F oF�cAV� ` �\P
-- G ND N89°33'35'W 78,00' — --
INMATES VACATED PORTION
OF IRREVOCABLE OFFER JP ENGINEERING, INC.
OF DEDICATION CIVIL ENGINEERING mLAND PLANNING!SURVEYING
AREA=2,907 SQ. FT. 4849 RONSON COURT, SUITE 105
SAN DIEGO, CA 92111
(858) 569-7377 FAX (858) 569-0830
EXHIBIT "A"
LEGAL DESCRIPTION OF VACATED PORTION
OF IRREVOCABLE OFFER OF DEDICATION
A PORTION OF THE 30.00 FEET IN WIDTH OF AN IRREVOCABLE OFFER TO DEDICATE
REAL PROPERTY FOR ROADWAY PURPOSES GRANTED TO THE COUNTY OF SAN
DIEGO PER FILE/PAGE NO. 78-246853, RECORDED JUNE 14, 1978 OF OFFICIAL
RECORDS; SAID PORTION BEING THE NORTHEASTERLY 30.00 FEET OF PARCEL 2 OF
PARCEL MAP NO. 7668, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 3, 1978 AS FILE NO. 78-329209 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE
SOUTHEASTERLY RIGHT OF WAY OF SANTA FE DRIVE,NORTH 58°14'53" EAST 20.00
FEET TO THE BEGINNING OF A CURVE WITH A RADIUS OF 135.00 FEET, CONCAVE
NORTHEASTERLY,A RADIAL BEARING TO SAID POINT BEARS SOUTH 58-14,53"WEST;
THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 88.94 FEET THROUGH A
CENTRAL ANGLE OF 37 044'44";THENCE LEAVING SAID CURVE ALONG A RADIAL LINE
SOUTH 20 030'09" WEST A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE
WITH A RADIUS OF 165.00 FEET,CONCAVE NORTHEASTERLY,A RADIAL BEARING TO
SAID POINT BEARS SOUTH 19"14'21"WEST;THENCE ALONG THE ARC OF SAID CURVE
A DISTANCE OF 97.49 FEET THROUGH A CENTRAL ANGLE OF 33°51'15",A RADIAL LINE
TO SAID POINT BEARS SOUTH 53 005'36" WEST; THENCE NON-TANGENT TO SAID
CURVE, NORTH 00°26'25" EAST A DISTANCE OF 17.52 FEET TO THE POINT OF
BEGINNING.
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CONTAINS 2,907 SQUARE FEET, MORE OR LESS ,
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JORGE H. PALACIOS, RCE
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