1993-29950RESOLUTION NO. 93-01
~:~ESOLUTION 93-01
)1/19/93- 1993-29950
3RIG1NAL DOC. LOST
]% RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
APPROVING A SUMMARY VACATION OF A
PORTION OF ENCINITAS BOULEVARD
(ROAD SURVEY NO. 458-66) AND AUTHORIZING
THE EXECUTION AND RECORDATION OF A PRIVATE
ROAD AND UTILITY EASEMENT OVER CITY-OWNED
PROPERTY TO JOHN CLARKE, ET AL
WHEREAS, a request for vacation a portion of Encinitas Boulevard,
east of Seeman Drive, has been submitted by John Clarke, et al;
WHEREAS, the summary vacation proceeding is being conducted under
Chapter 4 of Part 3 of the State of California Streets and Highways
Code;
WHEREAS, This portion of Encinitas Boulevard has been superseded by
relocation by the adoption of Road Survey No. 458-66 by the County
of San Diego;
WHEREAS, the City owns the underlying fee simple of this portion of
Encinitas Boulevard;
WHEREAS, this vacation will cut off some resident's legal access to
their property unless the city grants a private road and utility
easement over the City-owned being vacated;
WHEREAS, the public right-of-way has not been used, nor is it
required, for the purpose for which it was acquired for five
consecutive years immediately preceding this proposed vacation;
WHEREAS, there are no other public facilities located within the
public right~of-way;
WHEREAS, the public right-of-way lies within property under one
ownership and does not continue through such ownership or end
touching property of another;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Encinitas approves a summary vacation of that portion of Encinitas
Boulevard as described in Parcel 66381-G of the Grant Deed to the
County of San Diego, recorded February 11, 1969 as File/Page No.
24694 in the Office of the County Recorder of San Diego County (See
Exhibit "A" and Exhibit "B"); in accordance with the following:
The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
The project as proposed complies with the California
Environmental Quality Act since it is exempt from
environmental review.
Book .~ ,7 .~eage ~/ /
3. There is no p~esent or prospective public use for the
easement for public right-of-way.
BE IT ALSO RESOLVED 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.
BE IT ALSO RESOLVED that the City Clerk of the City of Encinitas is
authorized to execute and record a private road and utility
easement to John Clarke, et al (See Exhibit "C").
PASSED AND ADOPTED this 13th day of January, 1993, by the following
vote, to wit:
AYES:
NAYS: None
ABSENT: None
ABSTAIN: None
Bond, Davis, DuVivier, Hano, Wiegand
itn Davis, Mayor of the
y of Encinitas
ATTEST:
E. Ja~ Pool, City Clerk
EXHIBIT "~"
That portion of the Southeast Quarter of the Northwest Quarter of
Section 14, Township 13 South, Range 4 West, San Bernardino Base
and Meridian, in the City of Encinitas, County of San.Diego, State
of California, according to official Plat thereof, lying Northerly
of the Northerly line of County Road Survey No. 458, (60 feet) as
described .in easement to the County of San Diego recorded in Book
1741, Page 403 of Deeds in the office of the County Recorder of San
Diego County and lying Westerly of a line described as follows:
BEGINNING at a point on the West line of said Southeast Quarter of
the Northwest Quarter, distant thereon 100 feet Northerly from said
Northerly line of Road Survey No. 458; thence in a straight line8
Southeasterly to a point on said Northerly line of Road Survey No.
458, distant thereon, 60 feet Easterly from said West line of said
Southeast Quarter of the Northwest Quarter.
POR PARI
~HT. !
RS 4.58-66
5,02A(
EXHIBIT "B"
Sheet 1 o2 2
RS 419
,0
REA OF
SUMMARY VACATION
~ OAKCREST
jUNIOR
W COR.
OAKCREST
20.39
PARK
DR oe
HIGH
SCHOOL
Boo~ ~
ABANDONED. A.C. PAV.IN~2'
//
_~ ~R~P t IPIE