1989-674628ArvJ MAIL TO: ,
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` �Z7ul%74S BGVU RESOLUTION NO. 89- 86 RErEi�Df'i;F {�"
A RESOLUTION OF THE CITY COIINCIL F00.5F Ntrt` +Lf
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,5{UN1S c'¢' OF THE CITY OF ENCINITAS
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APPROVING A
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9Zo24- SUMMARY VACATION OF AN EASEMENT FOR PUBLIC 89 DEC 13 AN 8: 20
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RIGHT -OF -WAY AT THE EASTERLY TERMINUS OF CREST DRIVE,,,,
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L otJNTY it dR0 R
WHEREAS, a request for vacation of an easement for public
right -of -way at the easterly terminus of Crest Drive has been NO FEE'
submitted by Sam Worden of Warmington Homes;
WHEREAS, Crest Drive will be superseded by relocation with the
approval of Tentative Map No. 89 -033;
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WHEREAS, this vacation will not cut off access to any person's
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property which, prior to the street relocation, adjoined Crest
Drive;
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WHEREAS, the easement for public right -of -way has not been
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used for the purpose for which it has been dedicated or acquired
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maintenance of the public street for f ive consecutive years'
immediately preceding this proposed vacation;
WHEREAS, on May 9, 1989, the Planning Commission made the
finding that the requested road vacation of a portion of Crest
t
Drive is consistent with the City of Encinitas General Plan with
respect to location, purpose, and extent.
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WHEREAS, there are no other public facilities located within
the easement;,
WHEREAS', the easement for public right -of -way lies within
property under one ownership and does not continue through such
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ownership or end touching property of another.
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TF /03/CR04- 406wp5 1(11- 20 -89 -1)
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j NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Encinitas approves a summary vacation of the easement for
public right -of -way recorded on September 25, 1986 as File /Page No.
86- 426587 in the Office of the County Recorder of San Diego Countyi r
(see Exhibit "A"), in accordance with the following:
1. The project as proposed is consistent with the City of i
E
en
ncinitas General Plan and General Circulation Element.
2. The project as proposed complies with the California
Environmental Quality Act since it is exempt from
environmental review.
3. There is no present or prospective public use for the
easement for public right -of -way.
BE IT ALSO RESOLVED that concurrent with the recordation of `
! Tentative Map No. 89 -033, 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
`�y acknowledgement, certificate of acknowledgement or further proof,
in the Office of the County Recorder. Upon such recordation, the
� vacation process shall be deemed complete.
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} PASSED AND ADOPTED this 6th day of December, 1989, by the
following vote, to wit:
AYES: Gaines, Hano, Omsted, Shea, Slater
i NAYS: None
ABSENT: None
ABSTAIN• None
e Mayor of the
City of Encinitas
ATTEST:
i'ot�
E. J e Pool, City Clerk
( t, E. JANE POOL City
do hereby certify ti t err penalty of perjury that the above and foregoing is a true and correct co
on file in my office. In witness whereof 1 have et my hand
and tthhei Seal of the City of Encinitas this
day of /,�� I0c', Q C�
. Jana Pool, City Cterk
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EXHIBIT "A11
LEGAL DESCRIPTION
Page 1 of 2
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER, SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNADINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 00 °30109"
WEST, ALONG THE WESTERLY LINE THEREOF, BEING ALSO THE EASTERLY
BOUNDARY OF SUMMERFIELD ENCINITAS UNIT NO. 4, ACCORDING TO MAP
THEREOF NO. 7705, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, 159.78 FEET (160.00 FEET PER SAID MAP NO. 7705) TO THE
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID WESTERLY LINE,
NORTH 00030'091t EAST, 30.00 FEET; THENCE LEAVING SAID WESTERLY
LINE, SOUTH 89 °32'43" EAST, 0.02 FEET TO THE BEGINNING OF A NON -
TANGENT 90.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID CURVE BEARS SOUTH 00 °3713611 WEST; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36 °52112 ".
A DISTANCE OF 57.92 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT
RADIUS REVERSE CURVE, CONCAVE WESTERLY; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 253 °44'24 ", A
DISTANCE OF 265.72 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT
RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3648'08 ",
A DISTANCE OF 57.81 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID
WESTERLY LINE, NORTH 00 °30'09" EAST, 30.00 FEET TO THE TRUE POINT
OF BEGINNING.
TF /03/MS10- 1257wp5 (11- 16 -89)
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NO. 29577 ,
EXR 3 -31 -91 + /
PORTION OF CREST DRIVE VACATED
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Page 2 of 2
DRAWN BY: Ti.
REVISEDi'
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NO. 29577 ,
EXR 3 -31 -91 + /
PORTION OF CREST DRIVE VACATED
OF
Page 2 of 2
DRAWN BY: Ti.
REVISEDi'
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