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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~ t7)27 ) ) ) )~ ) ) ) 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" ; RES5570.doc VA5086 bak 10-13-97 ,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 RES5570.doc VA5086 bak 10-13-97 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