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2008-271945 DOC# 2008-0271945 J ..... 1111111111111111111111111111111111111111111111111111111111111111111111 ~- ) MAY 20,2008 3:49 PM ~ Recording Requested by: ) OFFICIAL RECORDS City ofEncinitas ) SAN DIEGO COUNT'r' RECORDER'S OFFICE ) GREGORY' J. SMITH, COUNTY RECORDER FEES: 0.00 When Recorded, Mail to: ) PAGES: 2 City Clerk ) City of Encinitas ) 1111111111111I111111111111I1111111111111111I1111111111111111I1II1111 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City ) SPACE ABOVE FOR RECORDER'S USE ONLY APN: 258-090-37 / \.J'\b't r,r\ ~ d0 RESOLUTION 2008-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF AN EXISTING SLOPE EASEMENT AND A PORTION OF PUBLIC RIGHT-OF-WAY ON THE EAST SIDE OF SOUTH VULCAN AVENUE, BETWEEN ENCINITAS BOULEVARD AND VISTA DEL REY. WHEREAS, The City of Encinitas submitted an application to vacate an existing slope easement and a portion of right-of-way along the east side of South Vulcan Avenue, between Encinitas Boulevard and Vista del Rey. WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of California Streets and Highway Code and WHEREAS, On May 14, 2008, City staff distributed notices to owners and 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 May 14, 2008, 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 an existing slope easement and a portion of right- of-way along the east side of South Vulcan Avenue, between Encinitas Boulevard and Vista del Rey, in the City of Encinitas per Attachment A and Attachment B and in accordance with the following:l G:\Adopted Resolutions 2008\2008-18 Hacindas de la Playa vac.doc <' I - -. -~ 1. The project as proposed is consistent with the City of Encinitas General Plan and the Downtown Specific Plan. 2. 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, 3. There is no present or prospective public use identified for the public right-of-way on the vacated area. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property. PASSED AND ADOPTED this 14th day of May, 2008, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Barth, Bond, Dalager, Houlil~an, Stocks. None. None. None. ATTEST: IDA t 4A ... ~~ Cp "~Q.... Deborah Cervone, City Clerk I, Deborah Cervone, City Clerk oi the City of Encinilas, California do hereby cerli~ under penalty of perjury fhal the above and foregoing is a true and cQrrect copy of this documenl on file in my office. In witnris whereof, I have sel my hand and Ihe Seal of tbe City of Encinilas Ihis Ist~ day of MQ...f:y . .2PQ...SL... Deborah Cervone, City Clerk ( ~ Q G:\Adopted Resolutions 2008\2008-18 Hacindas de la Playa vac.doc ~G/~TW i DATE: March 27, 2008 TO: Distribution List, Property Owners FROM: City Engineering Services Department City of Encinitas 505 S. Vulcan Avenue Encinitas, Ca. 92024 Attn: Debra Geishart PROJECT: SUMMARY VACATION Vacate an existing slope easement and right of way. FILE NO.: 865-VA LOCATION: East side of South Vulcan Avenue, Between Encinitas Blvd. and Vista del Rey A.P.N.: 258-090-37 APPLICANT: City of Encinitas OWNER: City of Encinitas DESCRIPTION: Proposed summary vacation of an existing slope easement recorded 8/4/61, per File/Page No. 115426, of O.R. and a portion of right of way adjacent to South Vulcan Avenue. (See attached exhibit for proposed vacation area). This serves as a notice to vacate an existing slope easement and a portion of right of way adjacent to South Vulcan Avenue. A vacation is a process in which the City abandons its public right-of-way. Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) 633-2779. G:\DebraWacations\865-VA SLOPE EASEMENT AT THE HACIENDAS DE LA PLAYA-DG.doc 41 \\ /' EXlSTINGY \. ""CURB \ ------ \ \\ \ \ '\ \\ \ \ ~\ \ \ h \ \ ~ \\ \ \ )> \ ' <. \ fT1 \ \ EXISTING~\ \ CURB \ 25' EXHIBIT ENCINITAS LS1'LD-<t /- R;.1788 . /" ..-L. - - ~~'O ~?' fEfiJ $'[( /BJ!!JOj(c13 PARCEL 654.3.3-C. SLOPE EASEMENT, TO THE COUNTY OF SAN DIEGO RECORDED 8/4/1967 AS FILE/PAGE NO. 115426 OF OFFICIAL RECORDS VI (]I VI ~~. ~(o)1J' ~ \ ~~[!>> ~ (0)(6)1(6) MAl' ~ iiI PORTION OF PARCEL 654.3.3-A, GRANTED IN FEE. TO THE COUNTY OF SAN DIEGO RECORDED 8/4/1967 AS FILE/PAGE NO. 115426 OF OFFICIAL RECORDS _ - - -- -- -- --- '(C' ~,[(fdf{f'[( --- --- --- \ Us" LEGEND E&J 1/r .J NOTE: DATA SHOWN HEREON IS BASED ON RECORD INFORMA nON. DENOTES AREA OF VACATION. 0.125 ACRES MORE OR LESS; / / / / DENOTtS EXCEPTING AND RESERVING TO THE CITY OF ENCINITAS ANY AND ALL RIGHTS OF INGRESS TO AND EGRESS FROM THE ADJACENT STREETS. N 80' 0 ~ GRAPHIC. SCALE 1 INCH = 80 FT. 80' I 40' , CITY OF ENCINITAS Right-Or-Way Engineering Services, Inc. Land Surveying 4167 Avenida de la Plata Ste. 114 . Oceanside, CA 92056 . (760) 732-1366 FAX (760) 732-1367 FILE NAME: Vulcan Street Vacation.dwg . VACATION DA TE: MARCH 24, 2008 SHEET 1 QF 1 43