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2002-40628Recording Requested by: City Engineer When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City APN: 258-341-10~ APN: 258-341-43,.~ APN: 258-341-49, APN: 258-341-50~ APN: 258-342-15, APN: 258-342-16 ,~ DOC9 ,.' 00,.' 00406 '8 JAN 16, 2002 4:2§ PH ) DFFII]IAL RECffil)8 ) ~ DIEGO COLINT¥ RECI~DER'8 OFFICE ) GREGDRY J. ~ITH, OOUNTY REI]I]RDER ) FEES: 0.00 ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY RESOLUTION NO. 2001-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION EXCESS RIGHT-OF-WAY ON SAN DIEGUITO DRIVE AND CORNISH DRIVE IN THE CITY OF ENCINITIAS. WHEREAS, On August 28, 1991 and June 16, 1993 the City Council of the City of Encinitas adopted resolutions to amend the "Public Road Standards" to include San Dieguito Drive and Cornish Drive as a Special Case Street Local and reducing the right-of-way requirement to a 40- foot width; and WHEREAS, the County of San Diego and the City of Encinitas have accepted easements for road purposes in excess of the 40-foot width requirement on San Dieguito Drive and Cornish Drive, and WHEREAS, the vacation proceedings are conducted under Section 8330 et seq. of the Street and Highways Code of the State of California, and WHEREAS, On May 4, 2001 City Staff distributed notices to owners within 300 feet of the proposed vacation and to all public utility companies, and WHEREAS, the City Council of the City of Encinitas on November 14, 2001 and January 9, 2002 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 ResVA6457.doc VA6457 BAK 10/16/2001 NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas approves the summary vacation of excess right-of-way on San Dieguito Drive and Cornish Drive as described in Exhibit "A", 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. There is no present or prospective public use for the 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 or further proof, in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED this 9th day of January, 2002, by the following vote, to wit: AYES: Bond, Guerin, Houlihan, Stocks. NAYS: None. ABSENT: Itolz. ABSTAIN: None. Christy Gue~l~ Mayor City of Encirflt'as ATTEST: Deborah Cervone, City Clerk ResVA6457.doc VA6457 BAK 10/16/2001 I, Deborah Cervone, City C~erk of Ihe City et Eflcinitas, California do hnrnby Codify under penalty of perjury that the above and foregoing is a true and correct copy of this document on file in my office, In witness whereof, I have set my hand and the Seal et the City of Encinitas Ihis Ii ~day of~ . ,200'~L~., ~ Deborah Cervone, Cdy '~rk,_~.,~..~.,._.~. ,., ~,,_9~~ EXHIBIT "A" APN: 258-341-10 Easement for City Highway recorded as Document No. 1992-0808599 on December 17, 1992 in the office of the County Recorder of the San Diego County. APN: 258341-43 Easement for City Highway recorded as Document No. 1993-0092646 on February 12, 1993 in the office of the County Recorder of the San Diego County. APN: 258-341-49, APN: 258-341-50 Easement for County Highway recorded as Document No. 75-369182 on December 30, 1975 in the office of the County Recorder of the San Diego County. APN: 258-342-15, APN: 258-342-16 Easement for County Highway recorded as Document No. 74-192106 on July 17, 1974 in the office of the County Recorder of the San Diego County. ResVA6457.doc VA6457 BAK 10/16/2001 Recording Requested by: City Engineer When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City APN: 258-341-10, APN: 258-341-43, APN: 258-341-49, APN: 258-341-50, APN: 258-342-15, APN: 258-342-16 ~,.ESOLUTION 2001-58 ) 1 / 16/02 - 2002-40628 3RIG1NAL DOC. LOST SPACE ABOVE FOR RECORDER'S USE ONLY RESOLUTION NO. 2001-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION EXCESS RIGHT-OF-WAY ON SAN DIEGUITO DRIVE AND CORNISH DRIVE IN THE CITY OF ENCINITIAS. WHEREAS, On August 28, 1991 and June 16, 1993 the City Council of the City of Encinitas adopted resolutions to amend the "Public Road Standards" to include San Dieguito Drive and Cornish Drive as a Special Case Street Local and reducing the right-of-way requirement to a 40- foot width; and WHEREAS, the County of San Diego and the City of Encinitas have accepted easements for road purposes in excess of the 40-foot width requirement on San Dieguito Drive and Cornish Drive, and WHEREAS, the vacation proceedings are conducted under Section 8330 et seq. of the Street and Highways Code of the State of California, and WHEREAS, On May 4, 2001 City Staff distributed notices to owners within 300 feet of the proposed vacation and to all public utility companies, and WHEREAS, the City Council of the City of Encinitas on November 14, 2001 and January 9, 2002 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 ResVA6457.doc VA6457 BAK 10/16/2001 NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas approves the summary vacation of excess right-of-way on San Dieguito Drive and Cornish Drive as described in Exhibit "A", 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 fi.om environmental review. There is no present or prospective public use for the 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 or further proof, in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED this 9th day of January, 2002, by the following vote, to wit: AYES: Bond, Guerin, Itoulihan, Stocks. NAYS: None. ABSENT: Holz. ABSTAIN: None. ATTEST: Deborah Cervone, City Clerk ResVA6457.doc VA6457 BAK 10/16/2001 lSook # EXHIBIT "A" APN: 258-341-10 Easement for City Highway recorded as Document No. 1992-0808599 on December 17, 1992 in the office of the County Recorder of the San Diego County. APN: 258341-43 Easement for City Highway recorded as Document No. 1993-0092646 on February 12, 1993 in the office of the County Recorder of the San Diego County. APN: 258-341-49, APN: 258-341-50 Easement for County Highway recorded as Document No. 75-369182 on December 30, 1975 in the office of the County Recorder of the San Diego County. APN: 258-342-15, APN: 258-342-16 Easement for County Highway recorded as Document No. 74-192106 on July 17, 1974 in the office of the County Recorder of the San Diego County. ResVA6457.doc VA6457 BAK 10/16/2001 8~k# 15