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2013-493452 D O C # 2013-0493452 11111111111111 IN AUG 06, 2013 4:01 PM Recording Requested by: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE City of Encinitas I n� ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 PAGES: 4 When Recorded, Mail to: City Clerk City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City ) SPACE ABOVE FOR RECORDER'S USE ONLY 1V1 1� APN: 258-112-24 RESOLUTION NO. 2013-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF RIGHT-OF-WAY FOR PUBLIC ROAD PURPOSES ADJACENT TO 130 CALLE MAGDALENA. WHEREAS, In N Out Burger a California corporation on behalf of Dealy Family LLC. a. Limited Liability Company, submitted an application to vacate right-of-way for public road purposes for a portion of the right of way that is on the west side of Calle Magdalena, adjacent to 130 Calle Magdalena, 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 June 5, 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 ca'-Encinitas on July 10, 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 summarily vacate right-of-way on the west side of Calle Magdalena adjacent to 130 Calle Magdalena in the City of Encinitas per Exhibit A and in accordance with the following: 1. The project as proposed will allow for sufficient right of way after the vacation. 2. The project as proposed complies with the California Environmental Quality Act since it is exempt from environitental review pursuant to Section 15061 (B) (3) of the CEQA Guidelines, 3. There is no present or prospective public vehicular or pedestrian access needs identified within the vacated portion of Calle Magdalena. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property and reserving a public general utility easement over the entire vacated area. PASSED AND ADOPTED this 10`" day of July, 2013, by the following vote,to wit: AYES: Barth, Gaspar, Kranz, Muir, Shaffer. NAYS: None. ABSENT: None. ABSTAIN: None. Teresa Arballo Barth, Mayor City of Encinitas ATTEST: *PAAW Kathy lywood, City Clerk 1Ae on red b a to Ed coned caps N doWN�Of dkL b 6 PAGE 1 OF 2 PREPARED BY 3tkpL LAND EXHIBIT "A" N MSL ENGINEERING, INC. g5\ vFN L SGp PLAT TO ACCOMPANY© SAN DIMAS, CA. 91773 � `'� o�`Fo LEGAL DESCRIPTION (909) 305-2395 a 06-25-13 X jD MSL JN 12008E Exhbt-A * No. 5794 * TRUE NORTH 0 15 30 60 c F OF cm—\1 GRAPHIC SCALE SCALE: 1"=30' LINE TABLE CITY OWNED FEE TITLE PER FILE NUMBER 175255 RECORDED SEPTEMBER 25, 1970 AS SHOWN ON NO. BEARING DISTANCE MAP NO. 8116 RECORDED MAY 28, 1975 L1 N2'02'51"E 84.97' 72 L2 N89'1 2'37"W 35.72' 60' L3 N86'08'28"W 5.00' L3 30' 30' I L4 I N2'02'51"E 33.62' L5 N2'02'51"E 81.78' aox ° I z ID 0°Q J CURVE DATA TABLE a 0 °` i ` (n W 0 0 NO. DELTA RADIUS LENGTH N°°Ln m a J C1 22'20'32" 236.00' 92.03' U °Q 0) C2 11'48'54" 236.00' 48.66' a a ao v7 00 -' P=3.a Q N ° QOQ 0 ( wU)a I Z �ZR w� NI I w O _ (Z 0 Ld w z o w us Q Q' 58013'57"W�R� 1 Q zQ Q� — G Q(n?Ua0 W � J Q U 0 0 s J N THE DEALY FAMILY LLC, A CALIFORNIA n w l LIMITED LIABILITY COMPANY s APN 258-112-24 130 CALLE MAGDALENA, ENCINITAS, CA. o LOT 3, MAP NO. 8116 0 RECORDED 05-28-1975 � a - - N89'12'37"W 320.13' L2 \ z K Es PARTIAL LEGEND �JjJ PROPOSED(5)PORTION OF CALLE MAGDALENA RIGHT-OF-WAY TO BE P.O.B., S.E.C. OF LOT 3, m 1C1� VACATED BY THE CITY OF ENCINITAS AND RESERVING FROM THE MAP NO. 8116 VACATION A PUBLIC GENERAL UTILITY EASEMENT, CONSISTING OF APPROXIMATELY 1,244 SQUARE FEET. P.O.B. POINT OF BEGINNING. ° EXHIBIT"A" "B" PORTION OF CALLE MAGDALENA TO BE VACATED BY THE CITY OF ENCINITAS THAT PORTION OF CALLE MAGDALENA 60.00 FEET WIDE AS SHOWN ON ENCINITAS PLAZA/WESLEY HOMES UNIT NO. 1 IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO.8116 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 28, 1975 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID CALLE MAGDALENA, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF LOT 3 AS SHOWN ON SAID MAP NO. 8116; THENCE NORTH 02°02'51" EAST ALONG THE WEST LINE OF SAID CALLE MAGDALENA AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 84.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 236.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 80°13'57" WEST; THENCE SOUTHEASTERLY 92.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°20'32"TO A POINT ON THE SOUTHERLY LINE OF SAID CALLE MAGDALENA, SAID POINT ALSO BEING ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°12'37"WEST ALONG THE SOUTHERLY LINE OF SAID CALLE MAGDALENA AND THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.72 FEET TO THE POINT OF BEGINNING. THE AREA OF THE ABOVE DESCRIBED LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 1,244 SQUARE FEET. END OF DESCRIPTION EXHIBIT"B" IS A PLAT TO ACCOMPANY THIS LEGAL DESCRIPTION AND IS ATTACHED AND MADE A PART HEREOF ON PAGE 1 OF 2. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER 1 HE DIRECT SUPERVISION OF THE FOLLOWING STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR. 06-25-2013 MARK S. LAMOUR U , P.L.S. 5794 d No.5794 REGISTRATION EXPIRES 06-30-2014 * Exp.06/30/2014x MSLJN 12008E qp� *� 'mac OF CA��Fo PAGE 2OF2