2018-131511 DOC# 2018-0131511
) 1 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested by: ) Apr 03, 2018 03:46 PM
City of Encinitas ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
When Recorded, Mail to. ) SAN DIEGO COUNTY RECORDER
City Clerk ) FEES: $0.00 (SB2 Atkins: $0.00)
City of Encinitas ) PAGES: 7
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the City )
SPACE ABOVE FOR RECORDER'S USE ONLY
APN: 260-262-06�
RESOLUTION NO. 2018-26
l� C� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,
APPROVING THE SUMMARY VACATION OF A PORTION OF WESTMINSTER DRIVE,
ADJACENT TO 1630 WESTMINSTER DRIVE
WHEREAS, On April 28, 2017, Jason M. Scott and Patricia J. Scott, submitted an application to
vacate a portion of road right-of-way located at 1630 Westminster Drive, in the City of Encinitas;
WHEREAS, vacation proceedings are conducted under Chapter 4 of Part 3 of the State of
California Streets and Highways Code;
WHEREAS, the City Council of the City of Encinitas conducted a noticed public hearing on
September 20, 2017, at which time all those desiring to be heard were heard;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas,
pursuant to Section 8335 of the State of California Streets and Highways Code, APPROVES the
summary vacation of a portion of road right-of-way located at 1630 Westminster Drive, 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 approval only applies to the area that closely follows the perimeters of
the existing house and-roof eaves such that no part of the house encroaches into the
right-of-way.
2. The applicant shall record,an encroachment maintenance and removal covenant for all
encroachments in the public right-of-way prior to recordation of the vacation authorized
herein.
3. The project has been determined to be exempt from environmental review pursuant to
California Environmental Quality Act (CEQA) Guidelines Section- A5061(i7)(3).
C offila,.do hereby.cerfi y undetpenaity of perjury that
the:above ate,iri olng Is a.-#*ang coma copy of
this document on try inay Oft In witness whered,
thane set My I and ft cam of�e Ci ai Encinitas
�Y
r
4. There is present or.prospective public use identified for the portion of right-of-way
located at 1630 Westminster Drive.
5. The vacated area is not useful for non-motorized transportation facility.
6. A general public utility easement is reserved over the entire vacated areas.
PASSED AND ADOPTED this 21"day of March, 2018, by the following vote, to wit:
AYES: Boerner Horvath, Kranz, Mosca, Muir
NAYS: None
ABSENT: None
ABSTAIN: Blakespear
e Mo.sca, Deputy Mayor
City of Encinitas
ATTEST:
Kathy Hollywood, City Clerk
16-072
2/8/18
EXHIBIT"A"
LEGAL DESCRIPTION
FOR
STREET VACATION
A PORTION OF WESTMINSTER DRIVE RIGHT-OF-WAY (50 FOOT WIDE) ADJOINING THE EASTERLY LINE OF
THE PROPERTY DESCRIBED IN THE DEED RECORDED JULY 22, 2014 AS DOCUMENT NO. 2014-0307598 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
VACATION AREA#1
BEGINNING AT THE MOST WESTERLY CORNER OF LOT "I" IN BLOCK 84 OF CARDIFF VILLA TRACT, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO.
1469 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 10, 1912; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT"I",ALSO BEING THE NORTHERLY LINE OF BLOCK 84
1. NORTH 89°34' EAST 106.94 FEET TO A POINT ON THE WESTERLY LINE OF 50 FOOT
WIDE WESTMINSTER DRIVE RIGHT-OF-WAY AND
ON THE ARC OF A 455.22 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL TO SAID CURVE
BEARS NORTH 66° 26' 16" WEST; THENCE ALONG
THE ARC OF SAID CURVE
2. SOUTHERLY 50.19 FEET THROUGH A CENTRAL ANGLE OF 6° 19' 02" TO
VACATION AREA#1 TRUE POINT OF BEGINNING,
SAID POINT BEING THE INTERSECTION OF THE
ROOF EAVE ASSOCIATED WITH THE PERMITTED
STRUCTURE AND THE WESTERLY LINE OF 50 FOOT
WIDE WESTMINSTER DRIVE RIGHT-OF-WAY, A
RADIAL TO SAID POINT BEARS NORTH 72° 45' 18"
WEST; THENCE LEAVING SAID RIGHT-OF-WAY
ALONG ROOF EAVE ASSOCIATED WITH THE
PERMITTED STRUCTURE
3. SOUTH 12°37' 10" EAST 20.23 FEET TO ROOF EAVE CORNER; THENCE ALONG ROOF
EAVE
1
4. SOUTH 77'22' 50"WEST 10.95 FEET TO THE WESTERLY LINE OF 50 FOOT WIDE
WESTMINSTER DRIVE RIGHT-OF-WAY AND ON THE
ARC OF A 455.22 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL TO SAID CURVE BEARS NORTH
75° 39' 01" WEST; THENCE ALONG THE ARC OF
SAID CURVE
5. NORTHERLY 23.00 FEET THROUGH A CENTRAL ANGLE OF 2° 53' 43" TO
VACATION AREA#1 TRUE POINT OF BEGINNING.
CONTAINS 113 SQUARE FEET, MORE OR LESS.
VACATION AREA#2
BEGINNING AT THE MOST WESTERLY CORNER OF LOT "I" IN BLOCK 84 OF CARDIFF VILLA TRACT, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO.
1469 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 10, 1912; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT-I-,ALSO BEING THE NORTHERLY LINE OF BLOCK 84
1. NORTH 89°34' EAST 106.94 FEET TO A POINT ON THE WESTERLY LINE OF 50 FOOT
WIDE WESTMINSTER DRIVE RIGHT-OF-WAY AND
ON THE ARC OF A 455.22 FOOT RADIUS CURVE
CONCAVE EASTERLY, A RADIAL TO SAID CURVE
BEARS NORTH 66° 26' 16" WEST; THENCE ALONG
THE ARC OF SAID CURVE
2. SOUTHERLY 93.23 FEET THROUGH A CENTRAL ANGLE OF 11° 44' 03" TO
VACATION AREA#2 TRUE POINT OF BEGINNING,
SAID POINT BEING THE INTERSECTION OF THE
ROOF EAVE AND THE WESTERLY LINE OF 50 FOOT
WIDE WESTMINSTER DRIVE RIGHT-OF-WAY, A
RADIAL TO SAID POINT BEARS NORTH 78° 10' 19"
WEST; THENCE LEAVING SAID RIGHT-OF-WAY
ALONG ROOF EAVE
3. SOUTH 12°37' 10" EAST 5.19 FEET TO ROOF EAVE CORNER; THENCE ALONG ROOF
EAVE
4. SOUTH 77°22' 50"WEST 2.32 FEET TO THE WESTERLY LINE OF 50 FOOT WIDE
WESTMINSTER DRIVE RIGHT-OF-WAY AND ON THE
ARC OF A 455.22 FOOT RADIUS TO SAID CURVE
CONCAVE EASTERLY, A RADIAL TO SAID CURVE
BEARS NORTH 78° 53' 17" WEST; THENCE ALONG
THE ARC OF SAID CURVE
2
Y
c 1
5. NORTHERLY 5.69 FEET THROUGH A CENTRAL ANGLE OF 0° 42' 58" TO
VACATION AREA#2 TRUE POINT OF BEGINNING.
CONTAINS 6 SQUARE FEET, MORE OR LESS.
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EXHIBI T Y 1 of 2
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EXHIBI T Y 2 of 2
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A=6*19'02"
R=455.22'
L=50.19' \ PROPERTY LINE DATA:
1 / \ LINE TABLE
l T.P.O.B. VACATION\ # BEARING DISTANCE
AREA #1 \ Li N12'37'10"W 20.23'
L2 N7722'50"E 10.95'
J�JG'r� J � ����� \ L3 N1237'10"W 5.19'
L4 N7722'50"E 232'
APN, 80-28 -�05 C1 PROPERTY LINE DATA:
J CURVE TABLE
/ # RADIUS DELTA LENGTH
C1 .455.22' 2 5343" 23.00'
VACATION AREA 11 C2 455.22' 0'4258" 5.69'
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< > CALCULATED DIMENSIONS SHOWN ARE BASED ON NSULTING ENGINEERS
TRAVERSE CLOSURE FOR MATHEMATICAL ERRORS NEWCASTLE AVENUE SUITE 103
RDIFF BY THE SEA.CA-92007
IN RECORD DEED INFORMATION L.7eo/43e-8600 FAX 760/40643603