2018-44720 DOC# 2018-0044720
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Feb 02, 2018 02:37 PM
Recording Requested by: ) OFFICIAL RECORDS
{ City of Encinitas j J SAN DIEGO COUNTYbRECORDER
C When Recorded, Mail to: ) FEES $0.00 (SB2 Atkins: $0.00)
City Clerk ) PAGES: 4
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the City ) SPACE ABOVE FOR RECORDER'S
USE ONLY
APN: 264-143-59-00
RESOLUTION 2017-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA
APPROVING THE SUMMARY VACATION OF AN EXISTING 1.70-ACRE SENSITIVE
BIOLOGICAL HABITAT OPEN SPACE EASEMENT FOR THE PROPERTY LOCATED AT
3465 BUMANN ROAD
Q, WHEREAS, Brett Heers submitted an application to abandon/vacate an existing 1.70-acre
sensitive biological habitat preservatt n open space easement for the property located at 3465
Bumann Road (APN: 264-101-28-00), In the City of Encinitas, legally described as:
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCINITAS, COUTNY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT
LAND OFFICE, FURTHER DESCRIBED IN GRANT DEED TO BRETT HEERS AND
LORRAINE HEERS, TRUSTEES OF THE BRETT HEERS AND LORRAINE HEERS
LIVING TRUST 2007, RECORDED JULY 2, 2008, AS DOCUMENT NO. 2008-0356542.
(APN: 264-101-28)
WHEREAS, open space easement abandonment proceedings are conducted under
Government Code Section 51093;
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on September 21, 2017, at which time all those desiring to be heard were heard;
WHEREAS, the Planning Commission determined that the abandonment of the biological
open space easement is consistent with the City's General Plan; and
WHEREAS, the City Council conducted a noticed public hearing on the application on
November 8, 2017, at which time all those desiring to be heard were heard; and
WHEREAS, the City Council considered, without limitation:
1. Government Code Section 51093 and the General Plan and its goals and policies in
regard to this proposed open space easement vacation; and
2. The November 8, 2017 agenda report to the City Council with attachments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas
hereby adopts this Resolution of Vacation to summarily vacate the subject biological open space
easement in the City of Encinitas, as described in Exhibit A and as shown in Exhibit B, and in
accordance with the following:
1. The vacation of the biological open space easement is consistent with the City of
Encinitas General Plan Land Use Element and Resource Management Element.
2. The Final Mitigated Negative Declaration environmental document was prepared,
which identified no significant negative environmental impacts that would result
from the abandonment of the open space easement with the implementation of
proposed mitigation measures. The project is required to provide mitigation
measures for Biological Resources to ensure that the environmental impacts of
the project would be less than significant. The project with the implementation of
mitigation measures mitigates the potentially significant environmental effects
previously identified, and the preparation of an Environmental Impact Report will
not be required.
3. From and after the date this resolution is recorded, the biological open space
easement is hereby vacated and no longer constitutes as an open space
easement.
PASSED AND ADOPTED this 81" day of November, 2017, by the following vote, to wit:
AYES: Blakespear, Boerner Horvath, Kranz, Mosca and Muir
NAYS: None
ABSENT: None
ABSTAIN: None
Catherine S. Blakespear, Mayor
City of Encinitas
ATTEST:
o�
Kathy Hollywood, Clerk
I, Kathy Hotlywood, City Clerk of the Clty of Endnitas,
California,,-do hereby certify under penalty of perjury that
the above and foregoing Is a true and correct copy of
this dou nent on file in my chke. In wftm whereof,
1 have set my hand qcllp Seal et the CY Eincindas
this ay of
Ka1fiY Y(perk
EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 9 TOWNSHIP 13 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN GRANT DEED TO
JEFFREY J. THEODOSAKIS AND PAMELA THEODOSAKIS, HUSBAND AND
WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP,
RECORDED DECEMBER 30, 2004, AS DOCUMENT NO. 2004-1232610 OF
OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY MAP NO. 11693,
RECORDED JULY 14, 1988, AS FILE NO. 88-340356 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN
SAID DOCUMENT NO. 2004-1232610;
THENCE ALONG THE EAST BOUNDARY OF SAID LAND SOUTH 00°47'52"
WEST, 104.87 FEET;
THENCE LEAVING SAID EAST BOUNDARY NORTH 89'12'08" WEST, 10.00
FEET TO A LINE WHICH IS PARALLEL WITH AND 10.00 FEET WEST OF SAID
EAST BOUNDARY;
THENCE ALONG SAID PARALLEL LINE SOUTH 00°47'52" WEST, 204.25 FEET
TO A LINE WHICH IS PARALLEL WITH AND 15.00 FEET NORTH OF THE
SOUTH BOUNDARY OF SAID LAND;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°32'45" WEST, 284.85 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 04°12'43" EAST, 142.41
FEET;
THENCE NORTH 32°47'41" EAST, 112.22 FEET;
THENCE NORTH 70°41'20" EAST, 105.42 FEET;
THENCE NORTH 16°01'46" EAST, 41.72 FEET TO THE NORTH BOUNDARY OF
SAID LAND;
QAOf ESS/pp'
THENCE ALONG SAID NORTH BOUNDARY SOUTH 89°57'09" EAST, hQ�°p�EaT SU�G��yc
116.90 FEET TO THE POINT OF BEGINNING.
r-
CONTAINING 1.70 ACRES MORE OR LESS no.co 31 2
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EXISTING OPEN SPACE
E=,SEPIENT TO EE `✓AC.ATED
O� S89' 12' 08"E
4 0.0o'
SO' 47' 52'1Al 323.91'
104.87' J — — — -7 0 so 160
/ SO' 47' 52"W 204.25' Feet
EXISTING OPEN 15'
SPACE EASEMENT
TO BE VACATED
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