1993-002 Vacating the North Half of 9th StreetREBOLUTTON NO. 93-02
~ RESOLUT'rON OF THE CTTY COUNCTL OF THE
Cl'Ty OF ENC~N~TAB~ C~T. JFORNTA V'AC~TTNG THE NORTH
~ OF 9TH STREET BETWEEN COLE IM~CH ROAD
~qD THE CTTY-COUNTY BOUND~RY
TN OL1'VENH~TN
WHEREAS, a request for the vacation of the north half of 9th Street
between Cole Ranch Road and the City-County in Olivenhain has been
submitted by Peter Filanc, on behalf the property owners adjoining
the'north side of the proposed street vacation;
WHEREAS, on December 9, 1992, City Council adopted Resolution No.
92-84 expressing an intention to vacate the north half of 9th
Street between Cole Ranch Road and the City-County boundary as
shown on Exhibit "A" and Exhibit "B";
WHEREAS, the public has been given proper notice of the hearing on
the vacation and all desiring to be heard have been heard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Encinitas approves the vacation of public right-of-way over the
north half of 9th Street between Cole Ranch Road and the City-
County boundary and has reserved and excepted from the vacation all
easements and rights as described in Exhibit "A" and shown on
Exhibit "B" attached hereto and made a part hereof by this
reference;
AND; that the City Clerk of the City of Encinitas shall cause a
certified copy of the Resolution of Vacation, attested by the Clerk
under seal, to be recorded without acknowledgement, certificate of
acknowledgement, or further proof in the Office of the County
Recorder. Upon such recordation, the vacation process shall be
deemed complete.
PASSED AND ADOPTED this 13th day of January, 1993, by the following
vote, to wit:
AYES:
h-AYES =
ABSENT:
ABSTAIN
Bond, Davis, DuVivier, Hano, Wiegand
None
None
None
ty of Encinitas
ATTEST
E. Ja~ Pool, City Clerk
BOOK
.... ~age
That portion of 9th Street as shown on COLONY OF OLIVENHAIN, in the
Ci%y of Encinitas, County of San Diego~ State of California,
according to Map thereof No. 3'26, filed in the Office of the County
Recorder of San Diego County, lying Easterly of a line that is
30.00 feet Easterly of and parallel with the centerline of Cole
Ranch Road (formerly know. n as "E" Street) as shown on said'Map No.
326 and lying Westerly of the centerline of "H" Street as shown on
said Map No. 326.
RESERVING AND EXCEPTING from vacation and abandonment easements and
rights pursuant to any existing franchise or renewals thereof, or
otherwise, at any time, or from time to time, to construct,
. maintaiN, operate, replace, remove, renew and enlarge lines of
pipe, conduits, cables, wires, poles and other structures,
equipment and fixtures for the operation of gas pipe lines,
telegraphic and ,telephone lines and for the transportation or
distribution of electrical energy and water and for incidental
purposes including access to protect the the property from all
hazards in, upon, over and across the above described portions of
highways proposed to be vacated and abandoned; and
RESERVING AND EXCEPTING from vacation and abandonment easements and
right at any time and from time to time to construct, maintain,
operate, replace~ remove and renew sanitary sewers, storm drains
and appurtenant structures including access to protect the property
from all hazards in, upon, over and across the above described
portions of highways proposed to be vacated and abandoned.
TF/03/Ms24-2505wDS1 (12-01-92)
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