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