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2008-563750 DCC # 2008-0563750 IIIIIII111111111111111111111111111111111111111111111111111111111 II OCT 28, 2008 4:05 PM Recording Requested by: ) City of Encinitas OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER When Recorded, Mail to. FEES. 0.00 PAGES: 2 City Clerk ) 05 o South uth Vulcan Avenue 5 > 11N111 Hill Hill Hill 111111 Hill Hill Hill Hill Hill Hill gill Hill Hill oil 1111 505 ) Encinitas, CA 92024 ) For the benefit of the City ) SPACE ABOVE FOR RECORDER'S / USE ONLY APN: 261-053-30✓& 31 RESOLUTION NO. 2008-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF EXISTING RIGHT OF WAY IN THE UNIMPROVED SECTION OF NORFOLK DRIVE AND ACCEPTING TWO TRAIL EASEMENTS. WHEREAS, Staff submitted an application to vacate right-of-way for public road purposes for a portion of unimproved Norfolk Drive and proposes to accept two trail easements adjacent to an unimproved portion of Norfolk Drive, 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 August 13, 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 October 8, 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 this Resolution to summarily vacate right-of-way on a portion of unimproved Norfolk Drive and accept two trail easements, in the City of Encinitas per Attachment 1, 2 and 3 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. The easements will record concurrently with this resolution. G:\Adopted Resolutions 2008\2008-53 Norfolk Dr Trail.doc 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 for vehicular purposes. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property. PASSED AND ADOPTED this 8u' day of October, 2008, by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSENT: None. ABSTAIN: None. t 'Jerome rocks, Mayor City of ncinitas ATTEST: \ Deborah Cervone, C C rk I, Deborah Cervone. 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 whereol, I have set my hand and the Seal of the City of Encinitas ,his gI4-C day of 200A Deborah Cervone, City Clerk_ G:\Adopted Resolutions 2008\2008-53 Norfolk Dr Trail.doc ATTACHMENT 1 47 ~ I \ 1o~TOP OF ~ SLOPE <1- 0\ ~~\ STAIRS MANCHESTER AVENUE FACE OF RAILROAD TIE WALL 261-053-31 261-053-30 JvJAP -J29B ASSESSORS' PARCEL NO. 261-053-30, 31 CITY OF ENCINIT AS . NOTE: ALL DIMENSIONS SHOWN HEREON ARt COMPILED FROM RECORD DATA. . Right-Of-Way Engineering Services, Inc. i ~d Surveying. 4167' Avenida de 18. Plala Ste. 114 . Oceanside. CA 92056 (760) 732-1366 FAX (760) 732-1::167 Drawing file name: Norfolk Easement Plat.dwg VESTING: MACPHERSON STUART DDS DATE: OCTOBER 29, 2007 SHEET 1 OF 1 A'ITACHMENT 2 48 DATE: August 13,2008 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 a portion of public right of way. FILE NO.: 1014-VA LOCATION: Adjacent to Lot 5 and Lot 6 of Map 1298, within the unimproved portion of Norfolk Drive A.P.N.: Adjacent to: 261-053-30 & 31 APPLICANT: City of Encinitas . OWNER: City of Encinitas DESCRIPTION: Proposed summarY vacation of a portion of right of way adjacent to Lots 5 and 6 of Map 1298, within the unimproved portion of Norfolk Drive. (See attached exhibit for proposed vacation area). A trail easement will be obtained across Lots 6, 7 and 8 of Map 1298, for trail purposes, in exchange for this vacation. This serves as a notice to vacate a portion of right of way within the unimproved portion of Norfolk Drive. 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:\Debra\Vacatlons\ 1 014-V A-NORFOLK DR-dg.doc AITACHMENT.3 49 EXHIBIT Us" L MANCHESTER AVENUE \ \ \.5' ~. '-P \~. "0 \f6'. oJ . \~ \ N 57'46'45" E 9.17' LOT B \ 6~90'11'42" ~R=. 16.03' L=25.23' 1Jo' ~\ . C(~ '~'~" '~ ~ ~/\ f:' S 30;'39'1,3" E \" \ 1- ~~ ~~. .~ 0'- - /. v" . 261-05.3-.31 LOT 7 L" EXIST. PRIVATE ESM T. FOR . GAS REC. 8-31-1978 AS. . . F /P 78-373982 --N 55'30'36" E ~ - - --, . 11.22' I DENOTES AREA OF EASEMEN~ 449 SQUARE FEET MORE OR LESS, ~... ...... DENOTES AREA OF STREET VACA TION, 474 SQUARE . ..: FEET MORE OR LESS \ \ \ N 55'.30'36" E 8.65' \ 0\ . ~---- \ \ l\=11'23'4S" R==145.21' L=28.88' \ JV1AP -129B ')1 Dr:,j( jr' D-,-,.. IJ/ 0 LO-r c1 o 261-05.3-.30 L 0 -r 5 , (I) EXIST. PRIVATE ESMT. FOR WATER MAIN REC. 8-31-1978 AS F /P 78-373981 & REC. 1.2-19-1978 AS F /P 78~544430 . NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. Right-Or-Way Engineering Services, Inc. Land Surveying 4167 Avenida de la Plata Sle. 114 . Oceanside, CA 92056 (760) 732-1366 FAX (760) 732-1367 Drawing file nome: Norfolk Easement Plol.dwg . CITY Of. ENCINITAS EASEMENT PLAT VESTING: STUART S. MAC PHERSON DDS. INC. : EMPLOYEE BENEfiT TRUST . OA TE: AUGUST 8, 2008; SHEET 1 OF 1 50