1998-551132Recording 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 City
APN: 264-020-13, 264-020-11,
264-020-16, 264-020-17,
264-171-22, 264-171-69,
264-171-70, 264-171-76,
264-231-18, 264-231-19,
264-223-17, 264-223-20,
264-223-33
)
) ~r, LIAr. RECORDS
) S~i DIEGO COUNTY RECORSER'S OFF[CE
) GREGORY J. SMITH, COUNTY RECORDER
) FEES: 0.00
)
)
) 199~0561132
) SPACE ABOVE FOR RECORDER'S
USE ONLY
RESOLUTION NO. 98-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, APPROVING THE SUMMARY VACATION, OF IRREVOCABLE OFFERS
OF DEDICATION ON LONE JACK ROAD NORTH OF COPPER CREST; AND THE
RIGHT OF WAY FOR ROAD SURVEY 554 (RS 554) BETWEEN CAMINO DEL NORTE
AND LONE JACK ROAD, IN OLIVENHAIN
WHEREAS, the City of Encinitas made an application to vacate
Irrevocable Offers of Dedication on Lone Jack Road north of Copper
Crest; and the right of way for Road Survey 554 (RS 554) between
Camino Del Norte and Lone Jack Road in the community of
Olivenhain; and
WHEREAS, the vacation proceedings are conducted under Chapter 4 of
Part 3 of the State of California Streets and Highway Code, and
WHEREAS, On April 9, 1998, city staff distributed notices to
residents within 300 feet of the proposed vacation and to all
public utility companies, and
WHEREAS, the City Council of the City of Encinitas on May 13,
1998, 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
RES5855.doc VA5497 VA5498 bak 05-05-98
10 3
NOW BE IT T~EREFORE RESOLVED that the City Council of the City of
Encinitas, has adopted the resolution to summary vacate
Irrevocable Offers of Dedication on Lone Jack Road north of Copper
Crest in the community of Olivenhain; said lands were granted per
documents:
Doc. No.75-018890 Recorded 01-27-1975,
Doc. No.76-191854 Recorded 06-21-1976,
Doc. No.77-470119 Recorded 12-14-1977,
Doc. No.81-288229 Recorded 09-09-1981,
Doc. No.81-273178 Recorded 08-26-1981,
and vacating only that portion of Doc. No.81-273178 Recorded 08-
26-1981, within the City of Encinitas City Limits being only that
land within Parcel 1 of Parcel Map No. 11725 recorded in the
County of San Diego as File No. 81-325717 recorded 10-14-1981,
and summary vacate the right of way for Road Survey 554 (RS 554)
between Camino Del Norte and Lone Jack Road in the community of
Olivenhain; said lands were granted per document:
Doc. No. 62-94936 Recorded 06-04-1962,
in accordance with the following:
The Project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
o
The project as proposed complies with the California
Environmental Quality Act since it is exempt form
environmental review.
o
There is no present or prospective public use for the
right-of-way.
RESERVING AND EXCEPTING from vacation and abandonment, a perpetual
easement for Public Sewer and right-of-way upon, through, under,
over and across the hereinafter described real property for the
installation, construction, operation, maintenance, repair,
replacement, and reconstruction of SEWER pipe lines and/or mains,
manholes, sewer lateral pipe lines, and all structures incidental
thereto, together with the perpetual right to remove buildings,
structures, trees, bushes, undergrowth, flowers, and any other
obstructions interfering with the use of said easement and right-
of-way by Grantee, its successors or assigns and in addition
thereto, to remove soil and other materials within said right-of-
way and to use the same in such manner and at such locations as
RES5855.doc VA5497 VA5498 bak 05-05-98
1044
said Grantee may deem proper, needful or necessary in the
construction, reconstruction and maintenance of said sewer lines
or structures incidental thereto.
To have and to hold said easement and right-of-way unto itself and
unto its successors and assigns forever, together with the right
to convey said easement, or any portion of said easement, to other
public agencies, reserved for the City of Encinitas and Cardiff
Sanitation District, easement described as all of that land of
Doc. No. 62-94936 Recorded 06-04-1962; and
RESERVING AND EXCEPTING from vacation and abandonment, a perpetual
easement and right pursuant to water pipelines, through, upon,
over, and across including access to protect the property from all
hazards in, for the installation, construction, maintenance,
repair, replacement, reconstruction and inspection of water
pipelines and all structures incidental thereto, and together with
a perpetual right to remove buildings, structures, trees, bushes,
undergrowth, and any other obstruction interfering with the use of
said easement, reserved for the Olivenhain Municipal Water
District, easement described as the portion of land of Doc. No.
62-94936 Recorded 06-04-1962; and
RESERVING AND EXCEPTING from vacation and abandonment, easements
and rights pursuant to San Diego Gas & Electric 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 all that portion of land of
Doc. No. 62-94936 Recorded 06-04-1962; and
RESERVING AND EXCEPTING from vacation and abandonment easements
and rights incidental purposes including private road and public
utilities in, upon, over, and across the describe portion of land
of Doc. No. 62-94936 Recorded 06-04-1962;
RESERVING AND EXCEPTING from vacation and abandonment, an
Irrevocable Offer of Dedication to the City of Encinltas easements
for Public Recreational Trail purposes which include without
limitation, use by member of the public to walk, jog, run, ride
horses, and operate non-motorized bicycles. However, no
motorcycles or other motor vehicles shall be permitted on the
trails with the exception of emergency and maintenance vehicles.
Said reservation shall retain rights upon, through, under, over
RES5855.doc VA5497 VA5498 bak 05-05-98
1045
and across the hereinafter described real property for the
installation, construction, operation, maintenance, repair,
replacement, and reconstruction of Public Recreational Trails and
all structures incidental thereto, together with the perpetual
right to remove buildings, structures, trees, bushes, undergrowth,
flowers, and any other obstructions interfering with the use of
said easement and right-of-way by Grantee, its successors or
assigns and in addition thereto, to remove soil and other
materials within said right-of-way and to use the same in such
manner and at such locations as said Grantee may deem proper,
needful or necessary in the construction, reconstruction and
maintenance of said Public Recreational Trails or structures
incidental thereto.
To have and to hold said easement and right-of-way unto itself and
unto its successors and assigns forever, together with the right
to convey said easement, or any portion of said easement, to other
public agencies, reserved for the City of En¢initas on all of
described land in:
Doc No.75-018890 Recorded 01-27-1975,
Doc No.76-191854 Recorded 06-21-1976,
Doc No.77-470119 Recorded 12-14-1977,
Doc No.81-288229 Recorded 09-09-1981,
Doc No.81-273178 Recorded 08-26-1981,
Doc No. 62-94936 Recorded 06-04-1962,
PASSED AND ADOPTED this 13Th day of May, 1998, :by the following
vote, to wit:
AYES:
Aspell, Bond, Cameron, Davis
NAYS: None.
ABSENT: DuVivier.
ABSTAIN: None.
I, Deborah Cervone, C~ Clerk of the City of Enci~las,
Ca~orn~ ~ h.reW ce~ify ~ pem~y o~ ~erjury ~fmt
t~ abo~ ~ foregoing i$a tree and ~xmc't co~/~f
this cle~umnl ~e I#~ In my olde. In ~n~ss wftemof,
u 'Asp~l, ~yor"
i~A~ Encinitas
ATTEST:
Deborah Cervone, City Clerk ~
RES5855.doc VA5497 VA5498 bak 05-05-98