Loading...
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. \,AN D S F 0. 5406 p.3/30118 16-072 EXHI BIT A 3 EXHIBI T Y 1 of 2 PLA T FOR STREET VA CA TION NW U AdAp 2153 APN' 260-083-15 P.O.B. N89 J4'00°E 106.94' oC\; v APN: 260-262-06 I/lrl;p 1 o � SEE DETAIL 'A' 11 ON SHEET 2 -� APN' 250-282-05 N L , �1 h N N � 1 0=49 31'26"�\ °N tih R=20.00' L=1729' 50 APN' 260-263-01 1 � \ ' I \ 1 / —"-A=1JO76'02" <1J07245"> s,G R=20.00' L=45.47' <45.455 S � " F A=80 41'19" '9 R=20.00' 1.AND SG �G L-28.17' \ N 0. 5406 C> * E . 9/30/18 ��qTF OF CAI�F���\P JOB No. 16-072 2108118 SOWARDS & BROWN ENGINEERING < > CALCULATED DIMENSIONS SHOWN ARE BASED ON CONSULTING ENGINEERS AR TRAVERSE CLOSURE FOR MATHEMATICAL ERRORS C NEWCASTLE AVENUE SUITE yos CARDIFF BY THE SEA,CA.,92007 IN RECORD DEED INFORMATION TEL.760/436-8600 FAX 760/430-8603 EXHIBI T Y 2 of 2 PLAT FOR .STREET VACATION o DETAIL 7A 0 - - - - — M66. 6may, NW 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' I W11 r 1118) 2 l <0=2254'30"> / <R=455.22'> A=231'19" < <L=18201'> R=45522' L=20.04' \ J T.P.O.B. VACATION / J AREA 12 / N7870'19"W�R VACATION AREA 12 / /O L4 A=10'27'28"<' / / ' �� %-AND sG R=45522' L=83.09' \ - 0. 5406 s y� E p. 9/30/18 OF CA1.�F���\P JOB No. 16-072 2108118 E87 OWARDS & BROWN ENGINEERING < > 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