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2018-161982 r y. DOC# 2018-0161982 FREE RECORDING REQUESTED VIII IIIIIII III I IIIIIIIIIIIII I IIIIIIII IIII II III PURSUANT TO STREETS AND Apr 24, 2018 03:44 PM HIGHWAYS CODE SECTION 8325 OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER Recording Requested by: ) FEES: $0.00 (SB2 Atkins: $0.00) City of Encinitas ) PAGES: 11 When Recorded, Mail to: ) City Clerk ) City of Encinitas' ) ,505 South Vulcan Avenue ) Encinitas, CA 92024, ) SPACE ABOVE FOR RECORDER'S USE ONLY V �\�JO APN: 256-431-15, -18 & -19 RESOLUTION NO. 2018-22 A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE'CONTINGENT GENERAL VACATION OF PUBLIC ROAD RIGHT-OF-WAY AT THE CUL-DE-SAC BULB AREAS ADJACENT TO 192, 193 & 195 PACIFIC VIEW LANE WHEREAS, Land Holdings, LLC submitted an application to vacate public road right-of- way at the cul-de-sac bulbs adjacent to .192, 193 & 195 Pacific View Lane, 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 street vacation was advertised in the Coast News on April 6, 2018 and on April 13, 2018; WHEREAS, notice of the proposed vacation was provided to all public utility companies and City departments on February 8, 2018; and WHEREAS, the City Council of the City.of Encinitas conducted a noticed public hearing on April 18, 2018, 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 hereby_APPROVES a contingent general vacation of public road right-of-way at the cul-de-sac bulb of Pacific View Lane in the City of Encinitas, as described in Exhibits A and as shown in Exhibits B, and in accordance with the following: 1. The vacation.of the public road right-of-way at the cul-de-sac bulb of Pacific View Lane is consistent with the City of Encinitas General Plan. 2. The vacated.areas are not useful for non-motorized transportation facility. 3. A general public utility easement is reserved over the entire vacated areas. r 5 P 4. The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301(c) which exempts minor alterations to public facilities involving negligible or no expansion of use. None of the exceptions in CEQA Guidelines Section 15300.2 exists, and no historic resources will be impacted by the proposed project. 5. -This vacation will be contingent on the approval and acceptance 'of the improvements as shown on approved plans to the satisfaction of the Development Services Department. 6. From and after the date this resolution is recorded, the IOD hereby vacated no longer constitutes a street. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property and reserving a public utility easement over the entire vacated area: Subject to the terms and conditions contained in City Council Resolution No..2009-63 which are hereby incorporated by reference. Excepting and reserving an easement for the San Dieguito Water District, its successors and assigns, in, upon, over and across the lands for the purpose of locating, relocating, constructing; reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipe lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for'the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said easement, together with the right to clear and keep clear said easement from buildings, structures, explosive, trees, and other . material or growths detrimental to the District's uses. Excepting and reserving an easement for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, place, operate, inspect, maintain, repair, replace and remove such underground communication facilities (including ingress thereto and egress therefrom) consisting of wires, cables, conduits, pipes, manholes,. handholes, service boxes, aboveground markers, risers, service. pedestals, underground and aboveground switches, fuses,. terminals, terminal equipment cabinets, transformers with associated concrete pads, associated electrical conductors, necessary fixtures and appurtenances. PASSED AND ADOPTED this 18th day of April, 2018, by the following vote, to wit: AYES: Blakespear, Boerner Horvath, Kranz, Mosca, Muir NAYS: None ABSENT: None ABSTAIN: None l Catherine S. Blakespear, Mayor City of Encinitas ATTEST: I, Kathy Hollywood;-Qly Cm of the City°of"kdri as, California,do hereby certify.uMer penalty of peijury:that Kathy Hollywood, 6ty Clerk the above and foregoing-ls'itme and correct.copy,of this document on file,in my bffice,-I�r.witness whereof, 1 have set my hand and the Seal_ tt�.. this j di- !' - Kathy liollyw od,C ty_ ®` R EXHIBIT "A" STREET VACATION LEGAL DESCRIPTION (LOT 3) THAT PORTION OF PACIFIC VIEW LANE WITHIN MAP NO. 14944, FILED JANUARY 5, 2005 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 2005-0011933, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 3 AS SHOWN ON SAID MAP NO. 14944, THENCE ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 02° 53' 54'WEST, 4.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 020 53' 54"WEST, 81.80 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3 AND THE BEGINNING OF A NON-TANGENT 46.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 40° 23' 37"WEST; THENCE NORTHERLY�ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 95° 20' 30", AN ARC LENGTH OF 76.95 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 20' 30", AN ARC LENGTH OF 15.13 FEET TO THE TRUE POINT OF BEGINNING. AREA OF SAID VACATION IS 926 SQUARE FEET, MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS STREET VACATION DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. LAND ,90 AR ND A. MAROIS DATE PL 5941 '`' ARMAND A. PMS 5941 Q a9)� OF CAV1��4� r I EXHIBIT B STREET VACATION CITY OF ENCINITAS MAP 14944 (LOT 3) LEGEND: POC = POINT OF COMMENCEMENT 7, TPOB =TRUE POINT OF BEGINNING (R)= RADIAL 30 0 30 ( )= RECORD DATA FROM MAP 14944 SCALE 1"=30' ® =AREA OF RIGHT-OF-WAY VACATION (926 S.F.) w eve 28.00' 28.00' !L LOT 2 POC NE � I W COR LOT 3 o Z LO z ' J o LOT 6 T I(NO2°53'54"E 4.75') POB z w A= (43°20'30") W L=(15.13') �co I R=(20.00') N CD U APN 256-431-15 V- I U LOT 3 w Go ' a It A= 95°50'47" N L=76.95' R=46.00' z off%j 5j LOT 7 PORTION OF LOT 3 RESERVED FOR FUTURE STREET PER MAP 14944 (S89°31'55"W) 0 w z > 5 SEA REST UZ (n o w o! } WAY Q z CA Q D �� LA 'PANDA MAROIS DATE OVA. PIE. . 5941 A. MAROIS Axnanrm bhxlnc. IS 5941 * land planning, civil engineering, survey! 5115 Avenida Encinas VICINITY MAP o 1�0 suite 1. NO SCALE O Carlsbad, California 92008-4387 760 931-8700 W0:632-1367-400 STREET VACATION CLOSURE (LOT 3) North: 1963010.2079' East: 6245469.7093' Segment#1 : Line Course: S020 53' 54"W Length: 81.80' North: 1962928.5125,'" East: 6245465.5732' Segment#2 : Curve Length: 76.95' Radius: 46.00' Delta: 095° 50' 47" Tangent: 50.95' Chord: 68.29' Course: N01' 40' 59"W Course In N400 23' 37"E Course Out: N43° 45' 36"W RP North: 1962963.5466' East: 6245495.3828' End North: 1962996.7698' East: 6245463.5674' Segment#3 : Curve Length: 15.13' Radius: 20.00' Delta: 0430 20' 30" Tangent: 7.95' Chord: 14.77' Course: N24° 34' 09"E Course In: N43° 45' 36"W Course Out: S87° 06' 06"E RP North: 1963011.2146' East: 6245449.7346' End North: 1963010.2034' East: 6245469.7090' Perimeter: 173.88' Area: 926 Sq. Ft. Error Closure: 0.0045 Course: S03° 35' 29"W Error North: -0.00450 East: -0.00028 Precision 1: 38640.00 A LAND AAA D cc Mn is o P 1 �Q. CA EXHIBIT "A" STREET VACATION LEGAL DESCRIPTION (LOT 6) THAT PORTION OF PACIFIC VIEW LANE WITHIN MAP NO. 14944, FILED JANUARY 5, 2005 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 2005-0011933, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 6 AS SHOWN ON SAID MAP NO. 14944; THENCE NORTH 87° 06' 06"WEST, 0.89 FEET, THENCE NORTH 020 53' 54" EAST, 5.89 FEET, TO A POINT ON THE WESTERLY LINE OF SAID LOT 6 AND THE POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 17°08' 16" (RECORD 17-08' 32" PER SAID MAP 14944), AN ARC LENGTH OF 5.98 FEET TO THE POINT OF BEGINNING. AREA OF SAID VACATION IS 1.730 SQUARE FEET, MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS STREET VACATION DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. LAND AR ND A. MAROIS DATE PL 5941 1 N ARMAND A. I MAROIS PLS 5941 OF CA1� STREET VACATION CLOSURE EXHIBIT B STREET VACATION CITY OF ENCINITAS LEGEND: MAP 14944 (LOT 6) POB = POINT OF BEGINNING (R)= RADIAL ( )= RECORD DATA FROM MAP 14944 7771 =AREA OF RIGHT-OF-WAY VACATION 30 0 30 (1.73 S.F.) SCALE 1"= 30' LOT 5 28.00' 28.00' I W w iz LOT 2 Q w I J co 0 W C'm ' APN 256-431-18 W ZI > N LOT " � O U z ILL SEE BELOW i Q FOR DETAIL LOT 3' d i I (N87 006'06"W 137.62) POB SW A_ (43°20'32") COR LOT 6 LOT 7 L=(15.13') R=(20.00') A =4 617 3°0"E 8' 16" W D= (17°08'16 ") L=(5.98')> W NO2°53'54"E R=(20.00') 48 Z 5.89' LOT 6 W MES ED AUR )J (RS75 a N87 006'06"W POB 0.89' LOT 7 o DETAIL 'A' O< w ~w SCALE 1"=5' 5 SEACREST UQ (n w z WAY �� .X 0 Q -� dvok=�e gg�" a _ J L D 5�,� A AND A. MAROI DATE L.S. 5941 cy 411 T o A. MAROiS Vo bhAInc. IS 5941 land planning, civil engineering, surve in � i P 9 Y 9 VICINITY MAP ` 4 / 5115 Avenida Encinas a OF CALF-0 Suite L NO SCALE ��= Carlsbad, California 92008-4387 760 931-8700 W0:632-1367-400 "*-=-=------------------------------------------------------------------------- * Prepared by: BHA Inc * Routine: Area Summary Coord File: 1367 .crd 7/14/17 13: 07 :29 * Input Scale Factor: 1 . 000000000 Output Scale Factor: 1 . 000000000 *----------------------------------------------------------------------------- MAP 14944 LOT 6 ST. VACATION Pt Ang Rt Bearing Distance Pt Northing Easting 83 N 87 006106"W 0. 89 86 1963001. 463 6245525.330 86 90 000 ' 00" N 02 053' 54"E 5. 89 80 1963007. 346 6245525. 628 CURVE DEF: Arc CURVE DIR: CCW RAD: 20. 00 LEN: 5. 98 TAN: 3 . 01 CEN. ANG: 17 008116" CHORD: 5. 96 MO: 0 .22 EXT: 0 .23 DEGREE: 286 028144" SEG: 0 . 89 TRI : 58 . 93 SEC: 59. 82 80 90 000' 00" S 87 006106"E 20. 00 79 1963006.334 6245545. 602 79 17 008116" S 75 045' 38"W 20. 00 83 1963001. 415 6245526.216 80 8 034108" S 05 040114"E 5. 96 83 1963001. 415 6245526.216 83 81 025152" Perimeter: 12 .76 Cumulative Perimeter: 12 . 76 Approx: Sq. Feet: 1.73 Acres : 0 . 0 Approx: Total - Sq. Feet: 1.73 Acres: 0 . 0 Corrdct Ending Coordinates, North: 1963001 . 418 East: 6245526.219 Ending Coordinates, North: 1963001. 415 East: 6245526.216 Error, N: -0.00 E: -0. 00 Total: 0. 00 Brg: N 32 028100"E Distance Traversed: 12 .74 Closure: 3192 55��Z;4 N IS O PLS 941 � (P �Q 9T�OF CAS-����• EXHIBIT "A" STREET VACATION LEGAL DESCRIPTION (LOT 7) ,THAT PORTION OF PACIFIC VIEW LANE WITHIN MAP NO. 14944, FILED JANUARY 5, 2005 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 2005-0011933, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 7 AS SHOWN ON SAID MAP NO. 14944; THENCE PERPENDICULAR TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID PACIFIC VIEW LANE, NORTH 87° 06' 06"WEST, 0.89 FEET; THENCE SOUTH 020 53'54"WEST, 75.90 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7 AND THE BEGINNING OF A NON-TANGENT 46.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 340 35'49" EAST; THENCE NORTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 950 50'47", AN ARC LENGTH OF 76.95 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 26° 11' 58", AN ARC LENGTH OF 9.15 FEET TO THE POINT OF BEGINNING AREA OF SAID VACATION IS 925 SQUARE FEET, MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS STREET VACATION DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. LAND SIf t9ml ND A. MAROIS DATE < ARMAND A. MAROIS I PLS 5941 OF CALM EXHIBIT B STREET VACATION CITY OF ENCINITAS MAP 14944 (LOT 7) LEGEND: POB'= POINT OF BEGINNING (R) = RADIAL 30 0 30 ( )= RECORD DATA FROM MAP 14944 ® =AREA OF RIGHT-OF-WAY VACATION SCALE 1"=30' (925 S.F.) W 28.00' 28.00' co CV) i yj LOT 2 U I W in N oN iZ ° oz LOT ? —I< N y POB NW COR LOT 7 W (N75°46'43'E(R)) Nt i� _ — — — (N87°06'06"W 137.62') F I A= (26°11'58") N LOT 3 z (� L=(9.15') R=(20.00') LL o i Q N I w APN 256-431-19 \s� &) LOT 7 \'u& N A= 95°50'47" z L=76.95' \F R=46.00' \ PORTION OF LOT 7 RESERVED FOR FUTURE STREET PER MAP 14944 (S89°31'55"W) ao w w 5 SEACREST U (n 0 L >- WAY U:< Q o a 0° J J D s Co � •� -AWAND A. MAROI DATE P S. 5941 Cr ARMAND � 7 FNc� o A. MAROIS 1 bhA,Inc. IS 5941 land planning, civil engineering, surveying `•`� �'/ 5115 Avenida Encinas VICINITY MAP o A��oj Suite L NO SCALE Carlsbad, California 92008-4387 760 931-8700 W0:632-1367-400 STREET VACATION CLOSURE (LOT 7) North: 1963001.4439' East: 6245526.2270' Segment#1 : Line Course: N87° 06' 06"W Length: 0.89' North: 1963001.4889' East: 6245525.3381' Segment#2 : Line Course: S02° 53' 54"W Length: 75.90' North: 1962925.6860' East: 6245521.5003' Segment#3 : Curve Length: 76.95' Radius: 46.00' Delta: 095° 50' 47" Tangent: 50.95' Chord: 68.29' Course: N07° 28' 47"E Course In: N34° 35' 49"W Course Out: N49° 33' 24"E RP North: 1962963.5517' East: 6245495.3815' End North: 1962993.3917' East: 6245530.3897' Segment#4 : Curve Length: 9.15' Radius: 20.00' Delta: 026° 11' 58" Tangent: 4.65' Chord: 9.07' Course: N27° 20' 38"W Course In: N49° 33' 24"E Course Out: S75° 46' 43"W RP North: 1963006.3656'. East: 6245545.6107' End North: 1963001.4445' East: 6245526.2256' Perimeter: 162.88' Area: 925 Sq. Ft. Error Closure: 0.0015 Course: N67° 40' 59"W Error North: 0.00058 East: -0.00141 Precision 1: 108593.33 \p�Nk-LAS O� R D A. c. IS PLS 1 OF CAL.