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1997-539811Recording Requested by: Cardiff Sanitation District When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the DistriCt APN: 260-083-68,~, & 70 1))723 ) ) )l ) OOC II 1997-05 98ii OCT 28, 1997 12-'27 PM OFFICIAL RECORDS S~N DIEC, O COUNTY RECORDER'S OFFICE GREGORY L SMITH, COUNTY RECORDER FEES: 0.00 ) SPACE ABOVE FOR RECORDER'S USE ONLY RESOLUTION NO. 97-14 A RESOLUTION OF THE CARDIFF SANITATION DISTRICT, APPROVING THE S~Y VACATION OF THE SEWER EASEMENT LOCATED AT 1428 RUBENSTEIN AVENUE IN CARDIFF, CALIFORNIA WHEREAS, a request has been made for the vacation of the sewer easement located at 1428 Rubenstein Avenue by Don Countryman, who is the owner of the underlying fee title of the proposed vacation; and WHEREA~, the vacation proceedings are conducted under Chapter 4 , Section 8333 of the State of California Streets and Highway Code, and WHEREAS, On July 14, 1997, city staff distributed notices to residents within 300 feet of the proposed vacation and to all public utility companies, and WHEREAS, the Cardiff Sanitation District on October 22, 1997, 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 RES5649.doc VA5119 bak 10-15-97' 11724 NOW BE IT THEREFORE RESOLVED that the Cardiff Sanitation District, has adopted the resolution to summarily.vacate the sewer easement as dedicated per Document No. 9.0-362285 as described in Exhibits "A" and "B" in accordance with the following: There is no present of prospective public use for the easement. The project as proposed complies with the California Environmental Quality Act since it is exempt form environmental review. PASSED AND ADOPTED this 22nd day of October, following vote, to wit: 1997, by the AYES: Aspell, Bond, Davis, DuVivier NAYS: None ABSENT: Cameron ABSTAIN: None Ja~he Board ~rdiff Sanitation District ATTEST: Deborah Cervone, Clerk of the Board RES5649.doc VA5119 bak 10-15-97 1725 That portion of Lot 17 of RIDGEWAY HEIGHTS, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2163, filed in the Office of the County Recorder of San Diego County, July 3, 1929, described as follows: Commencing at the Northeast corner of said Lot 17; thence South 11'23~34'' East, 81.96 feet along the Easterly line of said Lot 17 to the TRUE POINT OF BEGINNING of the herein described easement; thence South 78'36'26" West, 68.71 feet to the beginning of a tangent, 17.00 foot radius curve, concave Northeasterly, a radial' bearing to said point bears South 11'23~34" East; thence Westerly along the arc of said curve, a distance of 11.55 feet, through a central angle of 38'56'33", to the beginning of a reversing, 28.00 foot radius curve, concave Easterly, a radial bearing to said point bears North 27'32~59" East; thence along the arc of said curve, a distance of 126.03 feet, through a central angle of 257'53'06" to the beginning of a reversing, 17.00 foot radius curve, concave southeasterly, a radial bearing to said point bears North 50'20~07" West; thence along the arc of said curve, a distance of 11.55 feet, through a central angle of 38'56~33; thence tangent to said curve, North 78'36~26" East, 68.71 feet; thence North 11°23~34" West, 36.00 feet, the the TRUE POINT OF BEGINNING. MLl176