2018-48448 DOC# 2018-0048448
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Feb 06, 2018 04:28 PM
OFFICIAL RECORDS
Recording Requested by: ) Ernest J. Dronenburg, Jr.,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
When Recorded, Mail to: ) PAGES: 7
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: 258-312-07 & 258-312-15
RESOLUTION 2018-01
r A RESOLUTION OF VACATION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
V CALIFORNIA, APPROVING THE SUMMARY VACATION OF UNUSED RIGHT-OF-WAY AT
THE TERMINUS OF WEST K STREET
WHEREAS, Engineering Staff proposes to summarily vacate unused right of way at the
terminus of West K Street in the City of Encinitas;
WHEREAS, vacation proceedings are conducted under the Public Streets, Highways, and
Service Easements Vacation Law (State of California Streets and Highway Code Division 9, Part
3);
WHEREAS, the public service easement in question has not been used for the purpose
for which it was dedicated for five consecutive years preceding this vacation action;
WHEREAS, the City Council considered, without limitation:
1. The General Plan and its goals and policies in regard to this proposed vacation;
WHEREAS, notice of the proposed vacation was provided to all owners within a 500'
radius of the proposed vacation, public utility companies and City departments on November 21,
2017; and
WHEREAS, on December 22, 2017, deadlines for comments, there were no comments
received from the provided notice.
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 terminus of K street
right of way at 1205 South Coast Highway 101 in the City of Encinitas, as described in Exhibit A
and as shown in Exhibits B and C, and in accordance with the following:
1. The vacation of the public right of way is consistent with the City of Encinitas
General Plan and General Circulation Element.
2. The public right of way area hereby vacated is not useful as non-motorized
transportation facility.
3. From and after the date this resolution is recorded, the public right of way hereby
vacated no longer constitutes public right of way.
4. This vacation will be contingent on the approval and acceptance of easements to
the satisfaction of the Engineering Department.
PASSED AND ADOPTED this 24th day of January, 2018, by the following vote, to wit:
AYES: Blakespear, Boerner Horvath, Kranz, Mosca, Muir
NAYS: None
ABSENT: None
ABSTAIN: None
Catherine S. Blakespear, Mayor
City of Encinitas
ATTEST:
A�IoAtj�W
Kathy Hol ywoo , City Clerk
I,"flotfwwd, Cay Cleric of the CN of WON,
California,do hereby oerhty under penalty of perjury that
the above and foregoing 16 a hue and correct copy of
this document on file in my office.In Witness whereof,
I have seat my herd arrd the Seel of the qry at ErWAas
�" Uh arkood,City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: CITY OF ENCINITAS
APN: NONE
OVERALL PARCEL
K STREET BETWEEN BLOCKS 62 AND 63 OF MAP 148 OF ENCINITAS, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JUNE
12, 1883 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
EXHIBIT "B"
LEGAL DESCRIPTION
VESTING: CITY OF ENCINITAS
APN: NONE
PARTIAL STREET VACATION
THAT PORTION OF K STREET OF MAP 148 OF ENCINITAS, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JUNE 12,
1883 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 16, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 16 AS SHOWN ON RECORD
OF SURVEY 14228, RECORDED JULY 2, 1993 AS FILE NO. 93-428502 IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, NORTH 89 002'00"WEST 425.21
FEET TO THE WESTERLY LINE OF THE A.T.& S.F. RAILROAD RIGHT OF WAY AS
SHOWN ON SAID RECORD OF SURVEY, BEING A POINT ON A NON-TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5754.65 FEET, A RADIAL LINE
TO WHICH BEARS SOUTH 79 002'47" WEST;
THENCE LEAVING SAID SOUTH LINE, NORTHERLY ALONG SAID WESTERLY LINE
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 4 052'20" AN ARC LENGTH OF
489.35 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT
13, AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16, 2003
AS DOCUMENT NO. 2003-1478287, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY;
THENCE LEAVING SAID WESTERLY LINE, ALONG SAID CERTIFICATE OF
COMPLIANCE, SOUTH 84 038'05"WEST 75.00 FEET TO THE EASTERLY LINE OF SAID
BLOCK 62, AS SHOWN ON SAID RECORD OF SURVEY, BEING A POINT ON A NON-
TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5829.65 FEET, A
RADIAL LINE TO WHICH BEARS SOUTH 83 055'40"WEST;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 2 045'29" AN ARC LENGTH OF 280.62 FEET TO THE
SOUTHERLY LINE OF SAID K STREET AS SHOWN ON SAID RECORD OF SURVEY
AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE ALONG SAID SOUTHERLY LINE SOUTH
84 038'05"WEST 11.22 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 22 019'36" WEST 51.93 FEET TO
THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1950.00
FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0 055'47" AN ARC LENGTH OF 31.64 FEET TO THE NORTHERY LINE OF SAID K
STREET;
THENCE ALONG SAID NORTHERLY LINE NORTH 84 038'05"EAST 31.07 FEET TO SAID
EASTERLY LINE OF BLOCK 62 AND K STREET BEING A POINT ON A NON-TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5829.65 FEET, A RADIAL LINE
TO WHICH BEARS SOUTH 81 057'26"WEST;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF K STREET AND SAID
CURVE THROUGH A CENTRAL ANGLE OF 0047'15" AN ARC LENGTH OF 80.13 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,692 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
SIGNATURE
MICHAEL SCHLUMPSERGER,LS 7790
DATE
EXHIBIT " C"
13 19 58355'40"W RI
\
\ 75.00'
\
12
\ SCALE
N
\ 11 'n
10 03
(P
\ N
'r1
\ N OD J
~ O >Ln
"K" STREET \'\NI I b o
\L _ J Ut
O LAND SU
.SOME( 'QL \
P.O.C.
W R�
Mm 5799;p2�47_ SE COR
1 No. 7790 M \ SEC 16
S Exp 12/31/1 \� N89'02'00"W 1$ 15
TqT o�2 � 425.21' 21 22
F OF CP��F
THIS PLAT WAS PREPARED BY ME OR UNDER NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED
MY DIRECTION IN CONFORMANCE WITH FROM RECORD OF SURVEY 14228.
THE PROFESSIONAL LAND SURVEYOR'S ACT
CITY OF ENCINITAS
MICHAEL L. SCHLUMPBERGER, PLS 7790 VACATION PLAT
Right-Of-Way Engineering Services, Inc. OWNER:
Land Surveying CITY OF ENCINITAS
615 South Tremont Street • Oceanside, CA 92056
(760) 637-2700 row®roweng.net
Job Number: 1409-0038-06 DATE: JANUARY 9, 2017 SHEET 1 OF 2
EXHIBIT " C"
N84'38'05"E
31.06' ——
i
i
i
�6a3611 / / EASTERLY LINE OF
�qq BLOCK 62 AND K
STREET AS SHOWN
ON ROS 14228
. o
a ,
2
0,
MAP 148
T.P.O.B.
11.22'
S84'38'05"W
SCALE 1°=20'
NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED
FROM RECORD OF SURVEY 14228.
DENOTES AREA OF VACATION CITY OF ENCINITAS
0 1,692 SQUARE FEET MORE OR LESS
VACATION PLAT
Right-Of-Way Engineering Services, Inc. OWNER:
Land Surveying CITY OF ENCINITAS
615 South Tremont Street • Oceanside, CA 92056
(760) 637-2700 row®roweng.net
Job Number: 1409-0038-06 DATE: JANUARY 9, 2017 SHEET 2 OF 2