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2008-642750 RE-RECORDED DOC # 2008-0642750 lllllII1111111111111111111111111111 11111IIIII1IIII 11111111111111 IN DEC 18, 2008 8:31 AM Recording Requested by: City of Encinitas OEFICNL R ECORD 541J DIEGO COUNTY RECORDERS OFFICE GREGOR'i J. SMITH. COUNTY RECORDER When Recorded, Mail to: FEES 000 City Clerk PAGES: 5 City of Encinitas IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIINIIIIIIIIIIIIINIIIIIIIIIIIIINIIIIIIIIIII 505 South Vulcan Avenue Encinitas CA 92024 For the benefit of the City SPACE ABOVE FOR RECORDER'S USE ONLY APN: 254-022-27 l RESOLUTION NO. 2008-08 i' 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 A PORTION OF THE ALLEY WEST OF HIGHWAY 101, BETWEEN AVOCADO ST. AND GRANDVIEW STREET. This document is to be rerecorded because Attachments "A" and "B" were omitted from the original Document Number 2008-0609545 recorded on November 25, 2008. DOG # 2008-0609545 1111111111111111111111111111111111 N fi Recording Requested by: NOV 25, 2008 3:59 PM City of Encinitas OFFICIAL RECORDS SAN DIEGO COUNT'r' RECORDER'S OFFICE GREGORYJ.SMITH, COUNT 'r'RECORDER When Recorded, Mail to: j FEES 000 City Clerk PAGES: 2 i o 5 ~ 505 5 South uth Vulcan Avenue 11111111111 ~Rill1~11111111111111 oil llll Encinitas, CA 92024 For the benefit of the City ) SPACE ABOVE FOR RECORDER'S USE ONLY APN: 254-022-27 RESOLUTION 2008-08 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 A PORTION OF THE ALLEY WEST OF HIGHWAY 101, BETWEEN AVOCADO ST. AND GRANDVIEW STREET. WHEREAS, The Sands Encinitas, LLC submitted an application to vacate right-of-way for public road purposes for a portion of the alley west of Highway 101, between Avocado Street and Grandview 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 25, 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 November 19, 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 right-of-way on a portion of the alley west of Highway 101, between Avocado Street and Grandview Street, in the City of Encinitas 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. G:\Adopted Resolutions 2008\2008-08 RES-THE SANDS- 806-VA-3-dg.doc 2. The parcel map (currently in plan check) shows 90' of right of way for Coast Highway 101. 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 area. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property and reserving a public utility easement over the entire vacated area. PASSED AND ADOPTED this 190' day of November, 2008, by the following vote, to wit: AYES: Bond, Dalager, Stocks. NAYS: Barth, Houlihan. ABSENT: None. ABSTAIN: None. Jero Stocks, Mayor C of Encinitas ATTEST: Deborah Cervone, City Clerk I, Deborah Caron, City Clerk of the City of Encinitas, California do hereby certify under penalty of perjury that the above and foregoing is a true and correct copy of this document on file in my office. In witness whereof, I have set my hand nd the Seal of the City of Encinitas this(" day of 9 20 8 Deborah Cervone, City Clerk G:\Adopted Resolutions 2008\2008-08 RES-THE SANDS- 806-VA-3-dg.doc ATTACHMENT A GRAND VIEW STREET II I LOT 4 I ~I PAI Ala MM aL= I II `C#° 1 ¢ LoT 3 a APN: 254-022-16 g wan II APN: 254-022-13 LOr2 0 Q N74°13'52"E 1500' P.O.B. N720.00' z 20.00' .~1'E 11363N74°17'39"E r r79.91' a~ N N ~ ~ N i i tors L I o APN: 254-022-27 N 74°1621 ' E 1500 --1 F- I V I I MAP W 04 I LEGEND ® PORTION OF ALLEY TO BE VACATED BASIS OF BEARINGS THE BASIS OF BEARINGS SHOWN HEREON IS THE CENTERLINE OF AVOCADO STREET AS SHOWN ON 0 20 40 RECORD OF SURVEY NO. 10009, I.E.; N 74°16'30" E SCALE 1"=20' eE,OFES% SITE DESIGN ASSOCIATES, INC. ALLEY VACATION LCONA LFORNIA 92021 (619) 42-8467 0 W No.29930 N m THE SOUTHERLY 30± FEET OF THE w y EXPIRES D ENGINEER OF WO UN-NAMED ALLEY IN BLOCK "G' OF 6-30-09 SOUTH COAST PARK NO. 5, MAP NO. 2078 s~ "9lF CIVIL P~~P H ISCEN L.E. OF CAL1F0 DATE: /23/07 JOB 1619A ATTACHMENT B City Of Encinitas DATE: September 25, 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 - Portion of the alley west of Hwy 101, between Avocado St. and Grandview St. FILE NO.: 806-VA LOCATION: West of Hwy. 101, between Avocado St. and Grandview St. A.P.N.: 254-022-27 APPLICANT: The Sands Encinitas, LLC OWNER: The Sands Encinitas, LLC DESCRIPTION: Requested summary vacation of public road right-of-way on a portion of the alley west of Hwy. 101, between Avocado St. and Grandview St. (See attached exhibit for proposed vacation area). This serves as a notice that the Encinitas City Council will be considering a request to vacate a portion of the above mentioned alley. A vacation is a process in which the City abandons its public right-of-way. The City will reserve applicable rights and easements within the vacated area. Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) 633-2779. G:\Debra\Vacations\806-VA THE SANDS ENCINITAS-3-dg.doc TEL 760-633-2600 / FAX 760-633-2627 505 S- Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 4 Usp4 recycled paper