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
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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
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