2014-480139 • D O C # 201 4-04801 39
NOV 04, 2014 4:22 PM
!1 Recording Requested by: ) OFFICIAL
SAN DIEGO COUNTY RECORDER'S OFFICE
City of Encinitas j Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 0.00
When Recorded, Mail to: ) PAGES: 7
-
City of Encinitas
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the City ) SPACE ABOVE FOR RECORDER'S
USE ONLY
APN: 260-192-19 & 20
RESOLUTION NO. 2014-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA,APPROVING THE SUMMARY VACATION OF A PORTION OF RIGHT-
OF-WAY LOCATED AT 1401 WINDSOR ROAD
(SEE EXHIBIT `A' AND EXHIBIT `B')
WHEREAS, WINDSOR ROAD LLC submitted an application to vacate a portion of
unused road right-of-way located at 1401 Windsor Road, 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 Highways Code and
WHEREAS, on August 21, 2014, City staff distributed notices to residents within 500 feet
of the proposed vacation(See Exhibit `C') and to all public utility companies and
WHEREAS, the City Council of the City of Encinitas on October 15, 2014, 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,
pursuant to section 8335 of the State of California Streets and Highways Code, has adopted the
Resolution to summarily vacate a portion of unused road right-of-way located at 1401 Windsor
Road, in the City of Encinitas and in accordance with the following:
1. The project 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,
2 There is no present or prospective public use identified for the unused portion of
right-of-way located at 1401 Windsor Road.
RESERVING AND EXCEPTING from vacation and abandonment all existing easements
pertaining to said property A General Public Utility Easement will be reserved over the entire
vacated area.
PASSED AND ADOPTED this 15th day of October, 2014, by the following vote,to wit:
AYES: Barth, Gaspar, Kranz, Muir, Shaffer
NAYS• None.
ABSENT. None.
ABSTAIN None
isti Gaspar, May
City of Encinitas
ATTEST:
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Kathy 41lywood, City Clerk to ft
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13-049
8/25/14
EXHIBIT'A'
LEGAL DESCRIPTION
FOR
STREET VACATION
A 2 FOOT WIDE PORTION OF WINDSOR ROAD (60 FOOT WIDE) ADJOINING THE WESTERLY LINE OF THE
PROPERTY DESCRIBED IN THE DEED RECORDED OCTOBER 11, 2013 AS DOCUMENT NO.2013-0615109 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, PLUS A STRIP OF LAND BETWEEN THE EASTERLY RIGHT-OF-
WAY OF SAID WINDSOR ROAD AND THE WESTERLY LINE OF ABOVE SAID PROPERTY, ALL IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE MERIDIAN;THENCE
1. SOUTH 0 002'52" EAST 1262.0 FEET, THENCE
(SOUTH 0 002'08"WEST)
2. NORTH 89 057'08" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING ALSO
(SOUTH 89 027'52"EAST) BEING THE MOST WESTERLY CORNER OF
SAID PROPERTY AND A POINT ON THE
EASTERLY RIGHT-OF-WAY OF WINDSOR
ROAD;THENCE ALONG THE WESTERLY LINE
OF SAID PROPERTY
3. SOUTH 0 002'52"EAST 166 76 FEET TO THE SOUTHWEST CORNER OF SAID
(SOUTH 0°02'52"WEST) (170.00 FEET) PROPERTY, THENCE ALONG AN EXTENSION
OF THE SOUTHERLY LINE OF SAID PROPERTY
4 NORTH 89 041'28"WEST 5.22 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
(NORTH 89 027'52"WEST) WAY OF WINDSOR ROAD; THENCE
CONTINUING ALONG SAID EXTENSION
5. NORTH 89 041'28"WEST 2.01 FEET TO A POINT ON THE ARC OF A 828.00 FOOT
(SOUTH 89 027'52" EAST) RADIUS CURVE CONCAVE WESTERLY, A
RADIAL LINE TO SAID CURVE BEARS SOUTH
83 036'22" EAST TO SAID POINT; THENCE
ALONG THE ARC OF SAID CURVE
10/15/2014 Item #813 Page 3
EXHIBIT'A'
13-049
8/25/14
-- _ 6. _NORTHERLY 93.09 FEET THROUGH A CENTRAL ANGLE-OF 6 026'31";
THENCE TANGENT TO SAID CURVE
7. NORTH 0 002'52"WEST 73.85 FEET, THENCE
(NORTH 0 002'08" EAST)
8. SOUTH 89 022'26"EAST 2.00 FEET TO THE TRUE POINT OF BEGINNING.
(SOUTH 89 027'52"EAST)
CONTAINS 495 SQUARE FEET, MORE OR LESS.
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MAP 7164
LAND SG NOTE.• DIMENSIONS SHOWN REFLECT CALCULATIONS BASED ON
SURROUNDING MAPS OF RECORD
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Exhibit C
DATE August 21, 2014
TO' Distribution List, Property Owners
FROM City Engineering Services Department
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
Attn Debra Geishart
PROJECT SUMMARY VACATION of a portion of Windsor Road
FILE NO 12066-VA
LOCATION Portion of Windsor Road, adjacent to 1401 Windsor Road
A.P N 260-192-19 & 20
APPLICANT- WINDSOR ROAD LLC
OWNER WINDSOR ROAD LLC
DESCRIPTION. Proposed summary vacation of public road right-of-way on a
portion of Windsor Road (See attached exhibit for proposed
vacation area)
Encinitas City Council will consider this Summary Vacation of a portion of Windsor Road
right-of-way on Wednesday, October 15, 2014 at 6:00 PM or as soon as possible
thereafter, File No 12066-VA. Summary Vacation is a process in which the City
abandons its excess right of way
The City will reserve a general utility easement within the vacated area
If you have any comments, please submit them in writing to our office by September 22,
2014
Should you have any questions, feel free to call Debra Geishart, Engineering Technician,
City of Encinitas, at (760) 633-2779
10/15/2014 Item #813 Page 7