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2018-44720 DOC# 2018-0044720 1111111111111111111111111 i l l l l l 1111111111111111111111111111111111 l i l t 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 * ExP 3�3��18 FCA E --/ HlElT " C " 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 o. N FORS FtP� O m LON�O� JACK BUMANN \\ `J ROTA o vi 1 3 I �\� EL !/ ' cE CAMIN 0 SITE a N m Z N VICINITY MAP_ II I NO SCALE THOM. BROS. PG. 1049 G6 tD � 1 42.41' \` N4' 12' 43"E w � m D N t` u: N M N APN 264-101 -28 N EXIST. BASIS OF BEARING BARN EXIST. 1 NORTH PL OF PARCEL MOUSE I.E. S89'57'09"E Qt,U E SSION,y A v; Z m No.C4 83 31 P 2 �c Exp. �6 k �60' PRIVATE ROAD — — — ' — _ _ rjgr CNiI 0`P EASEMENT �FCAU��� n NO' 56' 45"E 329.74' @UMANN ROAD ROBERT 0. SUKUP n RCE 28302 — — — — — — — — — — — — — — I i