2019-111683 DOC# 2019-0111683
111111 IIIII IIII IIIII III 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Mar 28, 2019 04:37 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: 6
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: 254-413-30
254-413-32
RESOLUTION NO. 2019-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,
APPROVING THE SUMMARY VACATION OF A TWO-FOOT IRREVOCABLE OFFER OF
DEDICATION, A THREE-FOOT ROADWAY EASEMENT, AND PUBLIC ROAD RIGHT-OF-WAY
ADJACENT TO 1368 AND 1408 CAUDOR STREET ALONG OLYMPUS STREET
WHEREAS, On October 2, 2018, Rick William Smith and Roslyn N. Mancinelli, husband
and wife as joint tenants, and Shane Wetmore and Virginia Sanzone, as trustees of The
Wetmore-Sanzone Family Trust dated June 17, 2015, submitted an application to vacate a portion
of a two-foot irrevocable offer of dedication, a three-foot roadway easement, and road right-of-way
adjacent to 1368'and 1408 Caudor Street along Olympus.Street, in the City of Encinitas; and
WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of Division
9 of the State of California Streets and Highways Code;
WHEREAS, on October 9, 2018, City staff distributed notices to all city departments of the
proposed vacation and to all public utility companies;
i
WHEREAS, the City Council of the City of Encinitas has determined that the Olympus
Street road has been superseded by relocation;
WHEREAS, the City Council of the City of Encinitas has determined that the area of
vacation is not useful as a non-motorized transportation facility; and
WHEREAS, the City Council of the City of Encinitas held a public hearing on March 20,
2019.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas,
pursuant 'to Section 8330-8336 of the State of California Streets and Highways Code, has
adopted the Resolution to summarily vacate a portion of a two-foot irrevocable offer of dedication,
a three-foot roadway easement, and public road right-of-way adjacent to 1368 and 1408 Caudor
Street along Olympus Street, in the City of Encinitas as described in Exhibit A and shown in
Exhibit B.
RESERVING AND EXCEPTING from vacation and abandonment:
1. Any and all existing private and. public easements other than specifically vacated
hereon.
2. A General Public Utility Easement to the City of Encinitas in accordance with
Terms and Conditions set forth in City Council Resolution No. 2009-63 in the
location described in Exhibit A and shown on Exhibit B.
3. An easement for the San Dieguito Water District (S:DWD), 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 pipes 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 in
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 SDWD's uses in
the location described in Exhibit A and shown in Exhibit B.
4. An easement for the Leucadia Wastewater District (LWD), its successors and
assigns, in, upon, over, under and across the lands for the purpose of locating,
relocating, constructing, reconstructing, maintaining, operating, inspecting,
replacing and repairing a pipe line or pipes lines, and all fixtures and
appurtenances incidental thereto for use in connection therewith, for the
transmission and distribution of sewage 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, landscaping (including trees),
and other material or growths detrimental to -LWD's uses in the location
described in Exhibit A and shown in Exhibit B.
PASSED AND ADOPTED this 20th day of March, 2019, by the following vote, to wit:
AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca
NAYS: None
ABSENT: None
ABSTAIN: None
Catherine S. Blakespear, Mayor
City of Encinitas
ATTEST:
Kathy Hol oo , City Clerk I, Kathy Hollywood, City Clerk-of-the dq,if Encinitas,
California,do hereby certify under penalty of perjury--that
the above and foregoing Isa he and correct copy.of =;
this document on file in my office.In witne�whereof,_
I have set my hand and tlis3 Seal A,01
this -day _
y
i
LEGAL DESCRIPTION
STREET VACATION
PARCEL "A"
A VACATION OF THAT PORTION OF OLYMPUS STREET AS DEDICATED ON MAP
NO 1788, RECORDED MARCH 29, 1924, TOGETHER WITH THAT PORTION OF
OLYMPUS STREET. AS GRANTED TO THE COUNTY OF SAN DIEGO PER DEED
RECORDED MAY 21, 1965 AS FILE/PAGE 91585, ALSO TOGETHER WITH THAT
PORTION OF THE IRREVOCABLE OFFER OF DEDICATION (I.O.D.) OF OLYMPUS
STREET AS OFFERED FOR DEDICATION ON PARCEL MAP NO. 13497, RECORDED
SEPTEMBER 27, 1984, ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA LYING WITHIN PARCEL 1 OF SAID PARCEL MAP NO. 13497,
DESCRIBED AS FOLLOWS;
LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID 2.00 FOOT WIDE
I.O.D.
LYING NORTHERLY OF THE SOUTHERLY LINE OF SAID PARCEL 1,
LYING NORTHWESTERLY OF A LINE DRAWN RADIALLY TO THAT 140.19 FOOT
CENTERLINE RADIUS CURVE CONCAVE SOUTHWESTERLY IN OLYMPUS STREET
AS SHOWN ON SAID MAP 1788 THAT PASSES THROUGH THE MOST SOUTHERLY
SOUTHWESTERLY CORNER OF SAID PARCEL 1
LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY OF OLYMPUS
STREET AS SHOWN ON MAP 14249 RECORDED JULY 16, 2001 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY.
LYING EASTERLY OF A LINE DRAWN RADIALLY TO THAT 140.19 FOOT
CENTERLINE RADIUS CURVE CONCAVE SOUTHWESTERLY IN OLYMPUS STREET
AS SHOWN ON SAID MAP 1788 THAT PASSES THROUGH THE MOST NORTHERLY
SOUTHWESTERLY CORNER OF SAID PARCEL 1.
LYING EASTERLY OF THE WESTERLY LINE OF SAID PARCEL 1,
CONTAINING 3949 SQUARE FEET OF LAND MORE OR LESS
LS 5211
C���
LEGAL DESCRIPTION
STREET VACATION
PARCEL "B"
A VACATION OF THAT PORTION OF OLYMPUS STREET AS DEDICATED ON MAP
NO 1788, RECORDED MARCH 29, 1924, TOGETHER WITH THAT PORTION OF
OLYMPUS STREET. AS GRANTED TO THE COUNTY OF SAN DIEGO PER DEED
RECORDED MAY 21, 1965 AS FILE/PAGE 91585, ALL IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA LYING WITHIN THAT LAND
DESCRIBED IN A DEED TO RICK.W SMITH AND ROSLYN MANCINELLI, PER DEED
RECORDED OCT. 10, 1997 AS DOCUMENT NO. 1997-505519 OF OFFICAL RECORDS,
DESCRIBED AS FOLLOWS;
LYING WESTERLY OF THE EASTERLY LINE OF SAID EASEMENT DOC.NO. 91585
LYING NORTHERLY OF THE SOUTHERLY LINE OF SAID DEED.
LYING NORTHERLY OF A LINE DRAWN RADIALLY TO THAT 140.19 FOOT
CENTERLINE RADIUS CURVE CONCAVE SOUTHWESTERLY IN OLYMPUS STREET
AS SHOWN ON SAID MAP 1788 THAT PASSES THROUGH THE SOUTHWESTERLY
CORNER OF SAID DEED
LYING EASTERLY OF THE EASTERLY RIGHT OF WAY OF OLYMPUS STREET AS
SHOWN ON MAP 14249 RECORDED JULY 16, 2001 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY.
LYING SOUTHEASTERLY OF A LINE DRAWN RADIALLY TO THAT 140.19 FOOT
CENTERLINE RADIUS CURVE CONCAVE SOUTHWESTERLY IN OLYMPUS STREET
AS SHOWN ON SAID MAP 1788 THAT PASSES THROUGH THE NORTHWESTERLY
CORNER OF SAID PARCEL 1.
LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID DEED.
CONTAINING 3636 SQUARE FEET OF LAND MORE OR LESS
LS 3211
�r �
LEGAL DESCRIPTION
EASEMENT RESERVATION
IN FAVOR OF
SAN DIEGUITO WATER DISTRICT
LEUCADIA WASTEWATER DISTRICT
CITY OF ENCINITAS, FOR GENERAL UTILITIES
AN EASEMENT RESERVATION IN FAVOR OF THE SAN DIEGUITO WATER DISTRICT,
LEUCADIA WASTEWATER DISTRICT, AND THE CITY OF ENCINITAS, FOR GENERAL
UTILITY PURPOSES OVER, UNDER ALONG AND ACROSS THAT PORTION OF
OLYMPUS STREET AS DEDICATED ON MAP NO 1788,IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MARCH 29, 1924, IN
THE OFFICE OF THE COUNTY RECORDED OF SAID SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF LOT 11 OF MAP NO 13255, , IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,-RECORDED
MAY 13, 1996, IN THE OFFICE OF THE SAID COUNTY RECORDED; THENCE
N19°09'42"E(RECORD N19°18'03"E)5.97 FEET TO A POINT, SAID POINT BEING THE
BEGINNING OF A NON-TANGENT 145.00 FOOT RADIUS CURVE CONCAVE _
SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS N15°41'3 1"E; THENCE
SOUTHEASTERLY 174.84 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE 69 005'06"MORE OR LESS TO A POINT IN THE NORTHEASTERLY
RIGHT OF WAY OF OLYMPUS STREET(50' WIDE)AS DEDICATED ON MAP NO.
14249 RECORDED JULY 16, 2001, IN THE OFFICE OF THE SAID COUNTY RECORDER;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID RIGHT OF WAY TO THE
POINT OF BEGINNING.
�pN C. 3����f=
LS 5211
EXHIBIT "B "
LOT 11 STREET VACATION PLA T
MAP 13325
PARCEL 1 PM. 13497 L INE DEL TA ARC RADIUS
C 1 36 '03'36" 107.11 ' 170.19'
cu P.O.B. PARCEL "A " C2 19 '1232" 75.43' 225.00'
J
C31 36 °51 '49" 108.21 ' 168.19'
C4 35 °25'40" 139.12' 225.00'
C5 69 '05'06" 174.B4' 145.00'
\ C6 12 *35'15" 49.43' 225.00
c
2.00' I.O.D. PER PARCEL MAP
s9�• q�, ?\� 13497 VACATED HEREON
949 TIp
3.00' ROADWAY EASEMENT PER
Spti,o DOC, REC. MAY 21, 1965 AS F/P.
NO. 91585 VACATED HEREON
L5
c� cS P.O.B. PARCEL 'B"
L4
S �
SMITHIMANCBVELLI
o '4 DEED REC. OCT 10, 1997
DOC.NO. 1997-505519 OF O.R.
Lu
LAND
N QN c.
INDICATES EASEMENT
LS 521 , RESERVED IN FAVOR OF
/ SAN DIEGUITO WATER
- ; DISTRICT, LEUCADIA
WASTEWATER DISTRICT,
Tq �� AND CITY OF ENCINITAS
OF CALIF i FOR GENERAL UTILITY
PURPOSES.
INDICATES PORTIONS OF OLYMPUS
ST. DEDICATED PER MAP 1788 n
VACATED HEREON. i
LINE BEARING DISTANCE
L 1 S19 '18 '03"W 37.41 '
L2 SO4 '2645'E 5.45'
L3 S53 '34'14"W 3B.15' i
L4 SB4 °55'45"W 3.50 ' T i L6
L5 N85 *5545'E 5.B2' i
L6 S84 °55'35"W 5.81 ' ; PLSA 389
L7 N01 °01 '12-E 44.34 ' i 11-1-18
i