2003-24 Vacate Easement/M&M Dev
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Recording requested by )
San Dieguito Water District)
)
When recorded, mail to: )
San Dieguito Water District)
505 S. Vulcan Avenue)
Encinitas, CA 92024 )
For the benefit of the District
Assessor's Parcel No. 262-073-24
RESOLUTION NO. 2003-24
A RESOLUTION OF THE BOARD OF DIRECTORS
OF SAN DlEGUlTO WATER DISTRICT
APPROVING A SUMMARY V ACA TION OF
WATER EASEMENT
WHEREAS, a request for.vacation of a water easement has been submitted by M & M
Development, LLC over property located at 3616 Manchester Avenue (262-073-24); and
WHEREAS, said water easement was dedicated to the San Dieguito Water District on
March 17, 1950 as in Book 3543 Page 353 of the Official Records; and
WHEREAS, the yacation proceedings were conducted under Chapter 4, Part 3, of the
State of California Streets and Highways Code; and
WHEREAS, the easement has not been used for the purpose for which it was dedicated
or acquired for five consecutive years immediately preceding the proposed vacation;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of San Dieguito
Water District approves a summary vacation of the aforementioned water easement lying within
the property described in Exhibit "A" enclosed, in accordance with the following:
I, The project as proposed is exempt from environmental review pursuant to the
California Environmental Quality Act Guidelines, Section l506l(b)(3).
2,
There is no present or prospective public use for the easement.
3. The owner has been notified that any pipelines within said easement have been
abandoned by the District and will now be the responsibility of the owner.
BE IT ALSO RESOLVED that the Secretary of the San Dieguito Water District shall
cause a certified copy of the Resolution of Vacation, attested by the Secretary under seal, to be
recorded without acknowledgment of further proof, in the Office of the County Recorder. Upon
such recordation, the vacation process shall be deemed complete,
. - 56 -
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PASSED AND ADOPTED at a regular meeting of the Board of Directors of San
Dieguito Water District held on the 19th of November, 2003, by the following vote:
AYES:
Bond, Dalager, Guerin, Hou~ihan, Stocks.
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
. ~J4.
~~ulihan, President
ATTEST:
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF.
APN 262-073-24
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San Dieguito Water District
Resolution No. 2003-24
STATE OF CALIFORNIA)
)
COUNTY OF SAN DIEGO)
I, Kerry L. Miller, Secretary of the Board of Directors of San Dieguito Water District DO
HEREBY CERTIFY that the above and foregoing is a full, true and corrected copy of Resolution
No. 2003-24 of said Board and that the same has not been amended or appealed.
Dated: November 19, 2003
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: November 19,2003
TO:
Board of Directors t#1.)' 1 ;L
Kerry L. Miller, Distri '/'e~
Lin H. Wurbs, Public ks Direct@lJ
SDWD Engineering & Planning Department
Bill O'Donnell, Associate Engin~
FOR YOUR RECORDS
Fl'Om City Clerk
VIA:
FROM:
SUBJECT:
Adoption of Resolution No. 2003-24, Approving a Summary Vacation of Water
Easement to M & M Development, LLC Over Property Located at 3616
Manchester Avenue (APN 262-073-24).
BACKGROUND: The San Dieguito Water District obtained a water easement through the
subject property in 1950 for operation of a water main, A water main was never constructed in the
easement.
The owners of the property, M & M Development, LLC, are requesting the District Board of
Directors vacate the easement ifit is no longer needed.
ANALYSIS: District staff has determined that the easement will not be needed for any present or
future District projects. Since the District originally acquired the easement at no cost, District
policy is that no fee will be charged for the vacation other than for staff time processing the
vacation.
FISCAL AND STAFF IMPACTS: A $100 processing fee has been paid by the owner to cover
the cost of staff time for the vacation procedure,
RECOMMENDATION: Authorize adoption of Resolution No. 2003-24, approving a
summary vacation of water easement to M & M Development, LLC over property located at
3616 Manchester Avenue,