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2007-221935 I ~Ql' ~\~~ ?(fJ Recording Requested by: City of Encinitas fI> ~ DOC # 2007-0221935 11111111111111111111111111111111111111111111111111111111111111111I1111 ) ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S 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 11~~~m~I~~~~I~~11 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. 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