1997-539812Recording Requested by:
City of Encinitas
When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the Cit~
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DOC 1997-05 9812
OCT 28, 1997 12:27 PP~
OFFICIAL RECORDS
SAN DIE~ COUNTY RECORDER'S OFFICE
GREGORY 3. SMITH, COUNTY RECORDER
FEES: 0,00
) SPACE ABOVE FOR RECORDER'S
USE ONLY
A?N: 261-041-16,
261-041-17,
261-042-09,
261-043-18,
RESOLUTION NO. 97-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, APPROVING THE SU~ARYVACATION OF NEWPORT AVENUE
BETWEEN ORINDA DRIVE AND CHESTERFIELD DRIVE;
AND ANUNNAMED ALLEY HETWEENNEWPORT AVENUE AND NEWCASTLE AVENUE
SOUTH OF CHESTERFIELD DRIVE IN CARDIFF
WHEREAS, a request has been made for the vacation of Newport
Avenue between Orinda Drive and Chesterfield Drive, and an unnamed
alley between Newport Avenue and Newcastle Avenue south of
Chesterfield by Robert Mance, Orinda Village Homeowners
Association, Richard Mildner, and Southland Corporation, who are
owners of the properties adjacent to the proposed vacation; and
WHEREAS, the vacation proceedings are conducted under Chapter 3 of
Part 3 of the State of California Streets and Highway Code, and
WHEREAS, On June 5, 1997, city
residents within 300 feet of the
public utility companies, and
staff distributed notices to
proposed vacation and to all
RES5570.doc VA5086 bak 10-13-97
.1728
WHEREAS, On September 11, 1997, the Planning Commission made the
finding that the requested street vacation of Newport Avenue
between Orinda Drive and Chesterfield; and of an unnamed alley
between Newport Avenue and Newcastle Avenue south of Chesterfield
are not consistent with the City of Encinitas General Plan with
respect to location, purpose, and extent; and
WHEREAS, the City Council of the City of Encinitas 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
NOW BE IT THEREFORE RESOLVED that the City Council of the City of
Encinitas, has adopted the resolution to summary vacate Newport
Avenue between Orinda Drive and Chesterfield; and of an unnamed
alley between Newport' Avenue and Newcastle Avenue south of
Chesterfield as described in Exhibits "A" and "B", said land
dedicated to public use on Map No. 1662 and Map No. 9642 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 form
environmental review.
There is no present of prospective public use for the
right-of-way.
RESERVING AND EXCEPTING from vacation and abandonment easements
and rights pursuant to any existing franchise or renewal thereof
for any public utility pursuant to any existing franchise or
renewal thereof, at any time, of from time to time, to construct,
maintain, operate, replace, remove, renew, and enlarge overhead or
underground lines of pipe, conduits, cables, wires, poles, and
other structures, equipment, and fixtures for the transportation
and distribution of electrical or electronic energy and natural
gas, and the transportation and distribution of communication
signals and for incidental purposes including access to protect
the property from all hazards in, upon, over, and across the
describe portion of land of the attached Exhibit "C" ;
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,1799
PASSED AND ADOPTED this 22nd day of October,
following vote, to wit:
AYES: Aspell, Bond, Cameron, Davis, DuVivier
NAYS: None
1997, by the
ABSENT: None
ABSTAIN: None
ATTEST:
Deborah Cervone, City Clerk
n Davis, Mayor
' City of Encinitas
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1730
EXHIBIT
LEGAL DESCRIPTION
STREET VACATION
Ail that portion of NEWPORT AVENUE, 40.00 feet wide,
as shown on The Amended Subdivision of Blocks 19, 20 and
32 1/2 of CARDIFF, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No.
1662, filed in the Office of the County Recorder of San
Diego County on March 1, 1915, lying southeasterly of the
southeast line of Chesterfield Drive, and lying north-
westerly of a line that is concentric with, and 30.00 feet
northwesterly of, the centerline of Orinda Drive, as said
Chesterfield Drive and Orinda Drive are shown on Map 1662.
Together with that 10.00 foot wide portion of NEWPORT
AVENUE, which was dedicated on County of San Diego Tract
No. 3918, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 9642,
filed in the Office of the County Recorder of San Diego
County on May 6, 1980, which lies northwesterly of a line
that is concentric with, and 30.00 feet northwesterly of,
the centerline of Orinda Drive, as Orinda Drive is shown
on said Map 9642.
This legal description was prepared by Jon Blake, PLS 4368
as part of a Street Vacation request.
U-J°n Blake .
expires 9/30/97
,!731
~T~E. E.'T V/~C.,I~T~O~
EXHIBIT 'A
'0
CI.4E~'I'ER. FIE L.D D~..
'i732
EXHIBIT
LEGAL DESCRIPTION
ALLEY VACATION
Ail that portion of the ALLEY adjoining Lots 4 and 16 in
Block 20 of The Amended Subdivision of Blocks 19, 20 and
32 1/2 of CARDIFF, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No.
1662, filed in the Office of the County Recorder of San
Diego County on March 1, 1915, lying northwesterly of the
northwesterly line of County of San Diego Tract No. 3918,
according to Map thereof No. 9642, filed in the Office of
the County Recorder of San Diego County on May 6, 1980,
This legal description was prepared by Jon Blake, PLS 4368
as part of a Street Vacation request.
L/ Jon Blake PLS 4368
expires 9/30/97
~ C~E~TIER. FI ELD ~
EXHIBIT 'B'
,1734
EXHIBIT ~C'
Easement Reservation for
San Diego Gas and Electric
The westerly 20.00 feet of Newport Avenue as shown on the Amended
Subdivision of Blocks 19, 20 and 32 1/2 of Cardiff, in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No. 1662, filed in the Office of the County Recorder
of San Diego County on March 1, 1915, lying southeasterly of the
southeast line of Chesterfield Drive, and lying northwesterly of
the line that is concentric with, and 30.00 feet northwesterly of
the centerline of Orinda Drive, as said Chesterfield Drive and
0rinda Drive are shown on Map No. 1662.
RES5570.doc VA5086 bak 10-13-97