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2000-0299B90
07, 2000
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~ I)IEI~ DIlNTY REEEI)ER'S OFFICE
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Gt~GI]IU J. SMITH, Cl/JNTY RECOI~I)ER
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Rec. Form .~L25 (7/3/97)
RESOLUTION NO. 92-12
A RESOLUTION OF THE CITY COUNCIL .
OF THE CITY OF ENCINITAS, CALIFORNIA
TO SUMMARILY VACATE PUBLIC SERVICE EASEMENTS ON LOTS 427 AND 428,
SEA BLUFFE VILLAGE, MAP 7274
WHEREAS, Section 8333 of the Streets and Highway Code of the
State of California establishes procedures and criteria for the
summary vacation of public service easements by local agencies; and
WHEREAS, a noticed public hearing was conducted on February
26, 1992 in accordance with the Government Code of the State of
California prior to adoption of this resolution which provides for
the vacation of public service easements on lots 427 and 428, Sea
Bluffe Village, Map 7274; and
WHEREAS, the Environmental Impact Report (EIR) and addendum
for Case 89-014 was considered and adopted by the Planning
Commission on December 18, 1991 and affirmed by the City Council on
January 22, 1992 in accordance with Section 15164 of the California
Environmental Quality Act Guidelines and Chapter 1.12 of the City
of Encinitas Municipal Code; contained within the EIR on pp.27, 36,
37, and 38 without limitations is a discussion of the easement
vacation and proposed improvements to provide for public access and
vista areas. The City Council has considered the environmental
documentation set forth above and has found that the vacation of
the easements will not have a significant environmental impact and
does hereby adopt by reference, pursuant to Section 15162 of the
California Environmental Quality Act Guidelines, the EIR and
addendum which were prepared, noticed, reviewed and adopted in
accordance with State and Municipal Guidelines and Regulations.
BE IT RESOLVED by the City Council of the City of Encinitas that
the easements which are appurtenant to Lots 427 and 428 of Sea
Bluffe Village, Map 7274 are public service easements as defined in
Section 8306 of the State Streets and Highway Code and are hereby
vacated, subject to the completion of the following conditions to
the satisfaction of the City Manager, pursuant to Section 8333 of
the Code. Reasons to support the finding to vacate are :
1. The easements were granted to the County of San Diego on
May 3, 1972 upon the recordation of record map 7274; and
2. The easements have not been used for their intended
purpose for which they were dedicated for five consecutive
years immediately preceding this action. The administrative
record does not provide evidence that the easements were used
bw:3easement(3592)
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for their intended purpose, specifically, Lot 427 as an
"Easement for Public Vehicular Parking" and Lot 428 as an
"Easement for Public Pathway and Beach Access Purposes" since
the May 3, 1972 acceptance and dedication of the easements.
The record does show that the County of San Diego chose to
transfer the easements to the State of California, the State
of California had expressed an intent to extinguish the
easements upon request of the underlying property owner, and
the State did transfer the easements to the City of Encinitas
by recorded document number 1991-0443766 on August 29, 1991.
BE IT RESOLVED THAT the City Clerk is directed to record a
certified copy of this resolution of vacation in the office of the
Recorder of San Diego County pursuant to Section 8336 of the State
Streets and Highway Code upon completion of the following
conditions:
1. The applicant shall provide evidence that this vacation and
exchange of easements has either been approved by the
California Coastal Commission or found to be exempt from
regulations of that agency.
2. The applicant shall provide plans for the improvements to
the public access as shown on the diagram entitled ,'Public
Access Signage Plan" prepared October 15, 1990 and stamped
"Received, City of Encinitas, February 19, 1992". The public
access plans shall include the State Park Overlook, stairways
to the State Park, Sea Bluff Overlook, Public Access through
the site with associated signage, associated landscaping and
public bench areas, all as shown on the diagram or in
substantial conformance with the diagram to the satisfaction
of the Community Services Director. Said plans, estimates for
construction costs and security for construction and
maintenance shall be provided to the satisfaction of the City
Engineer in accordance with the Municipal Code.
3. No final map may be recorded, no grading permit issued, or
no building permit can be issued for new development on Lots
427 and 428 of Map 7274 until the above conditions have been
met and this resolution is recorded in the office of the
County Recorder. Recordation of this resolution shall
complete the vacation of the easements over Lots 427 and 428
of Map 7274.
bw:3easement(3592)
I, Del~'al~ Cervoae, City Cl~k of the City of Encinitas,
Calik)mil do ~'eby certify under penalty of Imrjury that
Ihe alive ~1 torqoing is a ftue and correct copy of
tl~ mumm on tile in my office. In witness whereof,
I mt m ,W hand and the S~al o~ thl City of Encinitas
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PASSED AND ADOPTED by the City Council of the city of
Encinitas, California this llth day of March, 1992, by the
following vote, to wit:
AYES: Davis, Hano, 0msted, Slater, Wiegand
NAYS: None
ABSENT: None
ATTES~~
E. ~E POOL, city Clerk
RA WIEGAND, ~YOR of the
City of Encinitas, California
bw: 3easement (3592)
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