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2007-792225 /) f<t, :1/ 1\1 f f . 'I iW" \,-0 \ fb \ I\\D \l ~ DOC # 2007-0792225 1111111111111111111111111111111111111 illlllllllllllllllll 111111111111 Recording Requested by: City of Encinitas ) ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY 2 DEe 26, 2007 10:10 AM OFF i CI,61 Fi E C[I R D ':; ':,,6,N DIE Ci CI co u rHr' Fi E OJ Fi D E Fi ":; [I FF I [E CiREC1DFf,' ,J sr,..1ITH [[lur,H',' F:EC[lF:DEF: FEES 0.00 When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit ofthe City PAGES: 11111111111I 1111I Illillllll I'''' 111111111I11111111111111I1111I111111111I1111 II11 jjj/ J APN: 258-202-12,15,17,18 &21 RESOLUTION 2007-42 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 EAST F STREET ADJACENT TO 32-34, 46, 60, 22 & 84 EAST F STREET. WHEREAS, John Herron submitted an application to vacate right-of-way for public road purposes for a portion of land that is on the north side of F Street, 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 September 26,2007, City staff distributed notices to residents within 500 feet of the proposed vacation and to all public utility companies and WHEREAS, the City Council of the City of Encinitas on November 14, 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 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 north side ofF Street in the city ofEncinitas per Attachment A and Attachment B and in accordance with the following: 1. The project as proposed is consistent with the City of Encinitas General Plan and General Circulation Element. 2. F Street is in the Downtown Specific Plan which calls for 80' of right-of-way, with 43' of public improvements. G:\Adopted Resolutions 2007\Reso 2007-42.doc , r 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 ofF Street. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property and reserving a slope and utility easement over the entire vacated area. PASSED AND ADOPTED this 14th day of November, 2007, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Barth, Bond, Dalager, Houlihan, Stocks. None. None. None. ", ( ~~?~ J am~ d,. ayor ~ofEncinitas ATTEST: f)J.~B.. (I~~ Deborah Cervone, City Clerk " Deborah Cervone, Cily Clerk of Ihe City of Encinitas, California do hereby certify under penalty of perjury Ihat the above and foregoing isa true and correct copy of this document on file in my office. In witness whereof, I have set m hand and he Sear of the Cily of Encinitas this I q day of (, uYtbt120Q.L Deborah Cervone, City Clerk ~ [eJ) (}jU()Yt ,& G:\Adopted Resolutions 2007\Reso 2007-42.doc