2006-488525
-~~t DOC# 2006-0488525
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) JUL 1 1 , 2006 3:46 PM
. Recordmg Requested by: ) OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
When Recorded, Mail to: ) PAGES: 2
City Clerk ) 1111111111111111111111111111111111111111111111111111111I1I111I111
City of Encinitas )
505 South Vulcan Avenue )
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Encinitas, CA 92024 )
For the benefit of the City ) SPACE ABOVE FOR RECORDER'S
USE ONLY
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258-214-15 & 258-214-16
RESOLUTION 2006-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, APPROVING THE SUMMARY VACATION OF RIGHT-OF-WAY FOR
PUBLIC ROAD PURPOSES ON DEWIIT AVENUE IN FRONT OF 734-736 AND 742-744
DEWITT AVENUE.
. WHEREAS, Jamie E. MO$berg submitted an applioation to vacate right-<>f-way for public
road purposes for a portion of land that is south of D Street on Dewitt Avenue, in the community of
Encinitas; and
WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State
of California Streets and Highway Code, and
WHEREAS, On May 3,2006, City staff distributed notices to residents within 300 feet of
the proposed vacation and to all public utility companies, and
WHEREAS, the City Council of the City of Encinitas on June 21, 2006, heard all persons
interested in the proposed vacation at 6:00 p.m. in the City of Encinitas Council Chambers, 505
South Vulcan Avenue, Encinitas, CA 92024; and
NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas,
has adopted the Resolution to summary vacate right-of-way south ofD Street on Dewitt Avenue in
the community of Encinitas per Exhibit A and Exhibit B and in accordance with the following:
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1.
The project as proposed is consistent with the City of Encinitas General Plan and
General Circulation Element in that the portion of Dewitt Avenue being vacated is
not a circulation element road as defined within the General Plan.
2. The project as proposed complies with the California Environmental Quality Act
since it is exempt from environmental review pursuant to Section 15061 (B) (3) of
the CEQA Guidelines.
3. There is no present or prospective public.use identified for the public right-of-way
on the vacated portion of Dewitt Avenue.
4. As a condition of this street vacation, the owner is responsible for relocating two
water meters into the public right-of-way and reconnecting the private plumbing to
the meters. All costs incurred will be the responsibility of the owner.
RESERVING AND EXCEPTING from vacation and abandonment all existing easements
pertaining to said property and reserving a 12-foot wide stonn water, drainage and public utility
easement over the entire vacated area.
PASSED AND ADOPTED this 21 st day of June, 2006, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Bond, Dalager, Guerin, Houlihan, Stocks.
None.
None.
None.
ATTEST:
(jlJ/.-AA-4 J\ ~~~
eborah Cervone, CIty Clerk
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