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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4 of Part 3 of the State of California Streets and Highways Code; WHEREAS, This portion of Encinitas Boulevard has been superseded by relocation by the adoption of Road Survey No. 458-66 by the County of San Diego; WHEREAS, the City owns the underlying fee simple of this portion of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