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2003-1316254Recording Requested By: City Engineer When Recorded Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC 2003-1316254 OCT 29, 2003 3:40 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'B OFFICE GEEGORY J. SMITH, COUNTY RECORDER FEES: 0.00 SPACE ABOVE FOR RECORDER'S USE ,/256-231-05,~56-231 - 12 02'56-231 - 16,"256-231-20 ~256-231-25~56-231-29 RESOLUTION NO. 2003-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION, OF A PORTION OF RIGHT-OF-WAY ON EUGENIE AVENUE, IN LEUCADIA WHEREAS, The City of Encinitas made an application to vacate a portion of fight-of-way on Eugenie Avenue in the community of Leucadia; 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 June 15, 1994, the City Council adopted a motion in the Leucadia Boulevard design to cul-de-sac Eugenie Avenue; and WHEREAS, On June 23, 2003, 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 October 22, 2003, 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, adopts the resolution to summary vacate fight-of-way on Eugenie Avenue as described in Exhibits "A" and "B" in accordance with the following: VA 5527 Eugenie Resoultion.doc 09/04/2003 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. 3. There is no present or prospective public access use for the fight-of-way. RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement described as the portion of land of the attached Exhibits "A" and "B" defined as Parcel A to San Dieguito Water District in, upon, over and across the lands hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipe lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the fight to clear and keep clear said easement from buildings, structures, trees and other material growths deemed detrimental to the purposes previously described, together with the fight to require permission for any proposed change of grade over the easement; and RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement described as the portion of land of the attached Exhibits "A" and "B" defined as Parcel A 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; and RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement and fight-of-way described as the portion of land of the attached Exhibits "A" and "B" defined as Parcel A to the City of Encinitas upon, through, under, over and across the hereinafter described real property for access as required 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 fight to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and fight-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 to obtain access as needed in the construction, reconstruction and maintenance of said sewer lines or structures incidental thereto; and VA 5527 Eugenie Resoultion.doc 09/04/2003 RESERVING AND EXCEPTING from vacation and abandonment, a perpetual easement described as the portion of land of the attached Exhibits "A" and "B" defined as Parcel A for easements and rights incidental purposes including private road and public utilities in, upon, over, and across the described portion of land; 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 22na day of October, 2003, by the following vote, to wit: AYES: Bond, Dalager, Guerin, Houlihan, Stocks NAYES: None ABSENT: None ABSTAIN: None ~_~/~ - ~ir;n~; ES tn;~nk~;a? ay ° r Deborah Cervone, City Clerk VA 5527 Eugenie Resoultion.doc 09/04/2003 1, Deborah Cervone, City Clerk of the City ct Encinitas, California do hereby certify 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 of the City of Encinitas thiso~ day of~200-5..,. ~ Deborah Cervone, City Clerk .{kJx3l.~_ ~ EXHIBIT 'A' STREET VACATION FOR A PORTION OF EUGENIE AVENUE, Formerly an Un-name Public Alley Parcel 'A': A portion of the Public Alley as dedicated on the Map of Passiflora Acres according to Map No. 2355 in the City of Encinitas, County of San Diego, State of California, recorded in the Office of the County Recorder in the County of San Diego on September 27, 1946, more particulars as follow: That portion of the Public Alley between Lot 1 and Lot 22, between Lot 2 and Lot 21, and between Lot 3 and Lot 20 of said Map No. 2355 lying northerly of the following described line; Beginning at the southerly terminus of the easterly sideline of the Public Road Easement in Parcel 1 of Parcel Map 14121 filed in the Office of the County Recorder in the County of San Diego on January 21, 1986, thence along said sideline North 01°58'17" East 8.63 feet to the beginning of a tangent curve, concave Easterly, having a radius of 30 feet; thence leaving said sideline Northerly along said curve through a central angle of 24°37'12" an arc distance of 12.89 feet to a point of reverse curvature with a tangent curve, concave Westerly, having a radius of 30.50 feet, with a radial bearing of said curve through said point bearing South 63°24'31 East; thence Northerly along said curve through a central angle of 105011'00" an arc distance of 55.99 feet to a point of intersection with said Easterly sideline of said Public Alley; thence continuing along said curve Northwesterly through a central angle of 38o53'45'' an arc distance of 20.71 feet to a point of intersection with the Westerly sideline of said Public Alley. Parcel 'B': The Easement for City Highway, Document No. 1992-0419428 record in the Office of the County Recorder in the County of San Diego on July 6, 1992, more particulars as described: The Easterly 17.00 feet of that portion of Lot 2 of Passiflora Acres, in the City of Encinitas, County of San Diego, State of California, according to Map No. 2355, file in the Office of the County Recorder of the County of San Diego, September 27, 1964, lying Easterly of the following described line: Beginning at the Northeast comer of Lot 1 of said Map No. 2355; thence along the Northerly line of said Lot 1, North 89o54'50" West, 111.10 feet to the Tree Point of Beginning; thence South 01 °53'44" West, 219.80 feet to the line of said Lot 2. Prepared by: Cit~y/o~,f~cjgitas~~-) . ~31air Allen Knoll L.S. 7376 Date II I- ~MIl:::il I "~'""~"'-'Li:'~'~"X'6','~ '~"L'~'~'""~'~'~ ~Xi~"'"~-~'~"~ 3J 30' 65' LEUCADIA BLVD (FORMERLY WOODLEY RD) 30' OF WOODLEY RD DEDICATED PER MAP 2355 50' >~ ~o. ~u..,c ~o~ ~o.~ wc~ ~xc  THERE FROM PUBLIC UTILITIES, AND RESERVING ~~ ~.o,%~,,~,,~ ,o~.o..) PER DOC. IggZ-0AIgAZ8 ~ MAP 23SS ~ ~.30'] ~ ~ ~ ~ ~ PORTION OF EUEENIE ~ LOT 3 ~~~ ~ /VACATED PER CIFY ~ MAP 23S~ ~ ~ ~.. Nllo2~,29,,E ~R~ ~ ~~ APPROVED 7-~-~8  ~ ~ , q EASEMENT FOR PUBUC ~ ~ ROAD PURPOSES DED,CATE~ AND, ACCEPTED ON PM ~2~ ,¥~:~?~5:'::./~::>:,, Ci~ o f E ncinitas "/ 77'¥' ". "2 ¥.': ~. ~---,~ - E¢ l~~z~ ~ m,,~ -F' ~~ EUGENIE AVENUE STREET VACATION P B~':~'~A:::~~R ALLEN KNOLL ~ LS 7376 EXP. 12/05 VA 5527 SHEET I OF EXHIBIT "B" LEGEND: VICINITY MAP (No SCALE) DATA TABLE 20' WIDE PUBLIC ROAD TO BE VACATED HEREON AND EXCEPTING THERE FROM PUBLIC UTILITIES, [?/~/FC~¥_. ~'..) CITY HIGHWAY TO BE VACATED HEREON, (' P,~L"£(.. '5' ') ( ) PER MAP 2355 [ ] PER PARCEL HAP I/+121 POB...POINT OF BEGINNING TPOB...TRUE POINT OF BEGINNING LEUCADIA BLVD. SITE <I~ IT! PT LENGTH RADIUS A/BEARING ~ 8.63' N01°58'I7"E i~ 12.8g' 50.0' 2/+°57'12'' ~ 55.99' 30.5' 105o11'00" @ 2.0.71' 30.5' 58055,/+5'' PREPARED BY BLAIR ALLEN KNOLL LS 7376 ExP. 12/05 City of Encinitas EUGENIE AVENUE STREET VACATION VA 5527 SHEET 20Fy