1997-10-22 Item C3 1428 Rubenstein Easement
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CITY OF ENCINITAS
CARDIFF SANITATION DISTRICT
AGENDA REPORT
Meeting Date: October 22t 1997
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TO: Cardiff Sanitation District
VIA: ~uren Wasserman, City Manager
FROM: ~an D, Archibald, Director of Engineering Services
~;aans C. Jensen, Senior Civil Engineer '
SUBJECT: Resolution No. 97-14, a resolution to summarily vacate a sewer easement located
at 1428 Rubenstein Avenue in Cardiff
ISSUE:. Whether to adopt a Resolution summarily vacating a sewer easement located at
1428 Rubenstein Avenue in Cardiff,
BA..CKGB.QUlm:.
On June 22, 1990, the Cardiff Sanitation District accepted a sewer easement, recorded as
Document No. 90-362285 on July 3, 1990.
On June 26, 1990, Parcel Map No, 16137 was recorded on the property. This map consisted of
four varcels with a common cul--de-sac private road, The applicant later obtained a boundary
adjustment deleting one parcel and the cul-de-sac private road,
On May, 5, 1997, Donald A. Countryman et. al as owners of the underlying fee title made an
application for a vacation of said easement.
On July 14, 1997, City staff distributed notices to residents within 300 feet of the proposed
vacation and to all public utility companies. No objections to the proposed vacation have been
received.
ANALYSIS:
Section 8333 of the Streets and Highways Code states that "The legislative body of a local
agency may &1lIIlD1aIily vacate a public service easement in any of the following cases:
~) AR5648 bak 10.15.97 VA5119
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a)
The ease1ttent has not been used for the purpose for which it wu w"ucated or
acquired for five consecutive years immediately preceding the proposed vacation.
The date of dedication or acquisition is less than five years, fmdmore than one
year, immediately preceding the proposed vECation, and the easement was not
used continuously since that date.
The easement has been superseded by relocation and there are no other public
facilities located within the easement. "
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b)
c)
No public improvements have been built with the former parcel map or boundary adjustment,
Engineering staff has determined that no other public use is needed for t:J:ilil easement, and that
this summarily vacation meets conditions a) and c) of Section 8333 a of me Streets aa,u Highways
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Code.
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ENVIRONMENTAL ST 4.mS.:.
This vacation is exempt from environmental review since the project has no potential of
signifit;a11t effects on the environment as defined in Section 15061 (B)(3) of CEQA Guidelines.
FISCAL AND STAFF lMP"';:r&
No fiscal or staff impacts will OICCut' with the vacation.
:) RECOMl\liENDA TION;
That the Cardiff Sanitation Board adopt Resolution No. 97-14, swnmarUy vacating the sewer
easement that was dedicated per Document No. 90-362285.
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RecQrding Requested by:
Cardiff Sanitation District
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) SPACE ABOVE FOR RECORDER'S
USE ONLY ,-.
When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
~he bene!it of the District
APN: 260-083-68,68, & 70
RESOLUTION NO. 97-14
A FIESOLUTION OF THE CA.RDIFF SANITATION DISTRICT, APPROVING THI\
Smem.~y VACATIO'ti OF THE SEWER EASEMENT r..oc;l\!I:'ED AT
1428, RtTBENSTEIN AVENUE IN CARDIFF, CALIFORNIA
WlmREASi' a request has been made for the vacation of the sewer
,::j\ easement located at 1428 Rubenstein Avenue by Don Countryman, who
~;., is the owner of the underlying fee title of the proposed vacation;
and
WBF~, the vacation proceedings are conducted under Chapter 4 ,
Section 8333 of the State of California Streets and Highway Code,
and '
WHEREAS, On July 14, 1997, city staff distributed notices to
residents within 300 feet of the proposed vacation and to all
public utility companies, and
WHEREAS, the Cardiff Sanitation District on October 22, 1997,
heard all persons interested in the proposed vacation at 6:00 p.m.
in the City of Encinitas Council Chambers, 505 South Vulcan
Avenu~, Encinitas, CA 92024; and
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RES5649.doc VA5119 bak 10-15-97
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NOW 8m, IT THBamroRB RESOLVED that the Cardiff Sanitation District,c
has adopted the resolution to summarily'vacate the sewer easement
as dedicated per Document No. 9,0-362285 as described in EXhibits
"A" and "B" in accordance with the following:
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1. The:reis no present of' prospecti'V'e public USe for the
easement.
2.
The proj ect as proposed complies with the California
Environmental Quality Act since it is exempt form
environmental review.
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PASSED AND ADOP~ this 22nd day of October, 1997" by the
following vote, to wit:
AYES:
NAYS:
ABSEN'I' :
f""''''\ ABSTAIN:
'cd
v
James Bond, Chairman of the Board
Cardiff Sanitation District
ATTEST:
Deborah Cervone, Clerk of the Board
RES5649.doc VA5119 bak 10-15-97
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That portion of Lot 17 of RIDGEWAY HEIGHTS II in the city c{~b
Eneinitas, County of San Diego, state of california, according to
Map thQraof No. 2163, filed in th$ Office of th~ County Raco~dar 0
of San 01ego County, JUly 3, 19290 described as follows:
Commencing at the Nort~east corner of said Lot 17; thence South
11"~3'34" East, 81.96 feat along the Eas'terly line of e1aid L9t 1'i
to tha TRUE POINT OF BEGINNING of the herein described easement;
thence South 78"36'26" West, 68.71 feet to the,beqinn,inq of a
tangent, 17.00 foo'!: radius curve, concavtJ Northeasterly, a radial'
bear.ing to said point bears South 11"23'34" East.; thence Westerly
along the arc of said curve, a distance of 11.55 feet, through a
centrllll angle of 38"56'3:3u, to the beginning of a re,"1TGra.tng, 28.0'0
f90t radius curve, concave East~rly, a radial bearing to said point
bears Nort~h 2'1"32'59" East: thence along the arc: gfsaid curve, a
distancQ of 126.03 feet., through a cent.ral angle of 257" 53' 06" to
the beginning of a reversing, 17.00 foot radius curve,' concave
southea$terJ,y, a radial bearing to said point bears North 50.20'07"
West~, thence along' the arc of said ourve, a distance of 11.55 feet,
through a central'angle of 38"56'33: thence tangent to said curvef
North 78"36'26" East, 68.71 feet: thence North 11023'34" West,
36.00 feet, the the TRUE POINT OF BEGINNING.
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ED DATE
CITY '()~, ENCINITAS
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