2007-221935
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Recording Requested by:
City of Encinitas
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DOC # 2007-0221935
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USE ONLY
APR 03, 2007
2:54 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGOR'{ J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES 4
When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the City
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APN: 258-214-17/
RESOLUTION NO. 2007-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, APPROVING THE SUMMARY VACATION OF RIGHT-OF-WAY FOR
PUBLIC ROAD PURPOSES ON DEWITT AVENUE AND EAST F STREET ADJACENT
TO 21-29 EAST F STREET.
WHEREAS, Lance Hetherington submitted an application to vacate right-of-way for public
road purposes for a portion of land that is on the south side of F Street and on the west side of
Dewitt Avenue, in the city of Encinitas; 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 February 1,2007, 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 ofEncinitas on March 28,2007, 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 summarily vacate right-of-way on the south side of F Street and on
the west side of Dewitt A venue in the City of Encinitas per Exhibit A and Exhibit B and in
accordance with the following:
I:\WEB Staff Reports\RES-HETHERINGTON 424- VA-dg.doc
I, Deborah Cervone, City Clerk of flle City of Eneinita&,
California do Ilereby certify under pel1lhy 01 perjury tlla!
the abevl and foregoing is a true and correct copy 01
Ihis docum811t on lTIe in my office. In wn~(S whereof,
I have sel my hand and the Seal of Ihe Cily of Encinitas
this 30 day 01 20.o..k...
Deborah Cervone, eUy Clerk
1. The project as proposed is consistent with the City of Encinitas General Plan and
General Circulation Element in that the portion of Dewitt Avenue being vacated is
not a circulation element road as defined within the General Plan.
2. F Street is in the Downtown Specific Plan which calls for 80' ofright-of-way.
3. The project as proposed complies with the California Environmental Quality
Act since it is exempt from environmental review pursuant to Section 15061 (B) (3)
of the CEQA Guidelines.
4. There is no present or prospective public use identified for the public right-of-way
on the vacated portion of Dewitt A venue or on the vacated portion of F Street.
5. As a condition of this street vacation, the owner is responsible for relocating one
water meter into the public right-of-way and reconnecting the private plumbing to
the meters. All costs incurred will be the responsibility of the owner.
RESERVING AND EXCEPTING from vacation and abandonment all existing easements
pertaining to said property and reserving a slope, drainage and public utility easement over the
entire vacated area.
PASSED AND ADOPTED this 28th day of March, 2007, by the fo~lowing vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Barth, Bond, Houlihan, Stocks.
Dalager.
None.
None.
ATTEST:
~h OOI~
Deborah Cervone, City Clerk --
I:\WEB Staff Reports\RES-HETHERINGTON 424- VA-dg.doc
a#,~;r- WJ
DATE:
February 1, 2007
TO:
FROM:
Distribution List, Property Owners
City Engineering Services Department
City of Encinitas
505 S. Vulcan Avenue
Encinitas, Ca. 92024
Attn: Debra Geishart
PROJECT:
SUMMARY VACATION
Portion of Dewitt Avenue
. And a portion of F Street
FILE NO.:
424- VA
LOCATION:
21-29 East F Street
A.P.N.:
258-214-17
APPLICANT:
lance Hetherington
OWNER:
DESCRIPTION:
Lance Hetherington
Proposed summary vacation of public road right-of-way on a
portion of Dewitt Avenue and on a portion of F Street. (S~e
attached exhibit for proposed vacation area).
This serves as a notice to vacate a portion of Dewitt Avenue and a portion of F Street. A
vacation" is a process in which the City abandons its public right-of-way.
The City will reserve all rights and easements within the right-of-way and reserve a slope,
drainage and public utility easement within the vacated area.
If you have any comments, please submit them in writing to our office by March 1, 2007.
Should you have any questions, feet free to call DebraGeishart, Engineering Technician,
City of Encinitas, at (760) 633-2779.
G:\Debra\Vacations\424-V A HETHERINGTON-dg.doc
EXHIBIT 13'
STREET VACA TlON
PORTION OF
EAST '(' STREET &
PORTION OF
DEWITT A VENUE
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STREET VA~"(II
Sf[ EXHIBIT ~' LEGAL
DESCRlPUON. SLOPE,ORAlNAGE,.
AND UUUTY EASEMENT RESERW ....
TO THE orr (T ENONITAS
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+- SAMPQ ENGINEERING, INC.
TEL: (760) 4J6-()f;6() FAX: (760) 4J6-0659
.IN. 06-127 HETHERINGTON 01 7
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