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