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2015-640573 DOC# 2015-0640573 II IIIII IIIIIIIIIIII IIIIIIIIIII ilill 1111111 111111 IIII Dec 15, 2015 04:12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER Recording Requested by: ) FEES: $0.00 City of Encinitas ) PAGES: 5 ANN ) 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 APN: 260-443-01 RESOLUTION NO.2015-65 C! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,APPROVING THE SUMMARY VACATION OF A PORTION OF RIGHT- OF-WAY LOCATED ON LAKE DRIVE ADJACENT TO 1844 LAKE DRIVE (SEE ATTACHMENTS `1' AND 629) WHEREAS, Ted Matsumoto and Judy Matsumoto, Trustees of The TJM Family Trust, under declaration dated December 12, 2003 submitted an application to vacate a portion of unused road right-of-way located on Lake Drive, adjacent to 1844 Lake 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 Highways Code and WHEREAS, on September 21, 2015, City staff distributed notices to residents within 500 feet of the proposed vacation(See Attachment `3') and to all public utility companies and WHEREAS, the City Council of the City of Encinitas on November 18, 2015, 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 on Lake Drive, adjacent to 1844 Lake Drive (See Attachment `1'), in the City of Encinitas and in accordance with the following: California,do Hollywood, certify under Penalty of perjuryy that the above and foregoing is a true and correct copy of this document on file in my office.in vottm whereof, I have set my trand and the Seat of 1M(lily of Fnsinitas this day s ._..- —... �.........� v.. . .. Kathy Ho4ywoot,' � 7 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 on Lake Drive, adjacent to 1844 Lake Drive. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property. A General Public Utility Easement, per City Council Resolution 2009- 63,will be reserved over the entire vacated area. PASSED AND ADOPTED this 18th day of November, 2015, by the following vote, to wit: AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer. NAYS: None. ABSENT: None. ABSTAIN: None. 4aspar, ayor City of Encinitas ATTEST: Kathy Holly'woocY, City Clerk ATTACHMENT 3 DATE: September 21, 2015 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 Lake Drive FILE NO.: 12534-VA LOCATION: 1844 Lake Drive A.P.N.: 260-443-01 APPLICANT: Ted Matsumoto and Judy Matsumoto, Trustees of The TJM Family Trust, under declaration dated December 12, 2003. OWNER: Ted Matsumoto and Judy Matsumoto, Trustees of The TJM Family Trust, under declaration dated December 12, 2003. DESCRIPTION: Proposed summary vacation of public road right-of-way on a portion of Lake Drive (See attached exhibit for proposed vacation area). This serves as a notice of intent to vacate a portion of Lake Drive. A vacation is a process in which the City abandons its public right-of-way. Encinitas City Council will consider this Summary Vacation of a portion of Lake Drive right-of-way on Wednesday, November 18, 2015 at 6:00 P.M. or as soon as possible thereafter, File No. 12534-VA. The City will reserve a general public utility easement within the vacated area. If you have any comments, please submit them in writing to our office by October 19, 2015. Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) 633-2779. 12534-VA MATSUMOTO LEGEND A TTACHMENT '1 ' / PORTION OF LAKE STREET VACATION PLAT / DRIVE VA CA TED HEREON. A GENERAL PUBLIC 9© 60' UTILITY EASEMENT 41' 19' IS RESERVED OVER THE VA CA TED AREA 40' 1' LOT 'A' PER MAP ABBREVIA RONS 965 POB POINT OF BEGINNING N00'30'11 5"E TPOB TRUE'POINT OF 57.88' BEGINNING 2 W MI. � m N18'58'0 1 ad YE2 0 N8919'45"W 95.93' rl CURVE TABLE b C ury # D RADIUS LENGTH to w Q r` W Cl 70'35'24" 20.00' 24.64' 0 N O TPOB o ! 0 C7 LINE TABLE tiA9. # BEARING DISTANCE N36'30'15"E m � W L1 N89'19'45"W 13.33' �0 60.00 Y ! �>>1 9' Q 41' 10` BIRMINGHAM DR. o POB Lp SITE Q J ID,N\-ANOS� No rE UI elNl T Y MAP Rio F BOUNDARY DATA SHOWN �' No. 7655 ° o HEREON PER MAP 3965 NTS `J •- - SAMPO ENGINEERING, INC. '� �` a 40 80 III MMY MV 51t-21J &MIA 9m4 M-:(W)0-090 PAC(/su),Jc-M OF CA�� SCALE: 40'JN:15-140 MATS UM 9121115 A TTACHMENT '2' LEGAL DESCRIPTION STREET VA CA TION FOR A PORTION OF LAKE DR/VE PARCEL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF EDGEWATER TERRACE ESTATES UNIT NO. 1, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3965, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1950. ASSESSOR'S PARCEL NUMBER: 260-443-01-00 STREET VACATION DESCRIPTION BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF N36'30'15"E 60.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON THE WESTERLY LINE OF LAKE DRIVE AS SHOWN ON SAID MAP NO. 3965; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 NOO'30'15"E 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LAKE DRIVE NOO'30'15"E 77.67 FEET; THENCE LEAVING SAID WESTERLY LINE OF LAKE DRIVE N89'19'45"W 13.33 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 40.00 FEET, A RADIAL TO SAID POINT BEARS N18'58'01"W; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 112.07 FEET THROUGH A CENTRAL ANGLE OF 160'31'44" TO THE TRUE POINT OF BEGINNING. CONTAINS 2,493 SQUARE FEET, MORE OR LESS. SAND SG J a No. 7655 0 O� SAMPO ENGINEERING INC. 1/1 YMY HOW Sit 20 MaWrg CA 92014 Q nL (760)04660 FAX (760)05-0659 �lFCf CA1.��\ A 15-140 MATSUMOTO 9121115