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2009-148321 DO # 2009-01 4832 1 IIIIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII till IIII MAR 24, 2009 4:27 PM Recording Requested by: ) City of Encinitas v1 ) OFFICIAL RECORDS 1 " SAN DIEL;O COUNTY RECORDER'S OFFICE DA"AD L. BUTLER: COUNTY RECORDER When Recorded, Mail to: ) FEES 0.00 City Clerk ) PAGES. 4 City of Encinitas II ''tt ff f 505 South Vulcan Avenue Encinitas, CA 92024 ) For the benefit of the City_ ) SPACE ABOVE FOR RECORDER'S USE ONLY APN: 260-081-70 V RESOLUTION NO. 2009-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF 3 FEET OF AN EXISTING 15 FOOT CARDIFF SANITATION SEWER EASEMENT AT 1396 RUBENSTEIN AVENUE WHEREAS, Shael and Sherri Wilder submitted an application to vacate the Northerly 3 feet of the existing 15 foot Cardiff Sanitation sewer easement located along the Southerly line of Parcel 1 of Parcel Map No. 19304 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 January 22, 2009, City staff distributed notices to 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 March 11, 2009, 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 3 feet of the existing 15 foot sewer easement in the City of Encinitas per Attachment A and Attachment B and in accordance with the following: 1. This vacation of 3 feet will leave a sufficient width for vehicular access for the maintenance of the sewer main at this particular location. G:\Adopted Resolutions 2009\2009-07 vac 1396 Rubenstein Ave.doc 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, RESER V 1NG AIND EX^EP T IO G from vacation and abandonn7ent all existing easements pertaining to said property. PASSED AND ADOPTED this 11 in day of March, 2009, by the following vote, to wit: AYES: Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSENT: None. ABSTAIN: None. Maggie oulihan, Mayor City of Encinitas TTEST: C Deborah Cervone, Ci rk I, Deborah Cervone, City Clerk of the City of Encinitas, California do hereby certify under penalty of per)ury that the above and foregoing is a Ine and correct copy of this document on file in my ~ftfce. In witness whereof, I have set my hand and the Seal of The City of Encinitas this ~aday of Deborah Cervone; Cfty Clerk i 20 G:\Adopted Resolutions 2009\2009-07 vac 1396 Rubenstein Ave.doc ATTACHMENT A PAGE 1 OF 1 PORTION OF SEWER EASEMENT GRANTED TO CARDIFF SANITATION DISTRICT VACATED ~,ND SU . V 9L SCALE: 1" = 40' V YID EI5ENBERG BASIS OF BEARINGS 1r THE BASIS OF BEARINGS OF THIS PLAT IS THE -r.►rQ SOUTHERLY BOUNDARY OF PARCEL 1 PER ~JA NO.5845 PARCEL MAP NO. 19304 (I.E. N79'08'52"E). CAS g'5 2" E A 42.30 2 N7g PARCEL ~o NO 0 PARCEL 1 N P.M. B \ PARCEL MAP NO. 19304 19,304 o 15 Op N7g•08' S2 ~ ~ ~ , w 80.00 N O ~ O O O ojQll1 I~0~0 LO w~p1 „E 207.57 's N7 S OF BEARINGS BA LEGEND EASEM NT GRANTED TO C ARD FFOSANITATION sgNtA Opt DISTRICT PER DOCUMENT RECORDED JUNE 21, Avg '0c 2001 AS FILE NO. 2001-009312 OF OFFICIAL %Jo SAN RECORDS VACATED. L SITE A INDICATES PORTION OF SEWER EASEMENT GRANTED TO CARDIFF SANITATION DISTRICT PER DOCUMENT RECORDED JUNE 21, 2001 AS FILE NO. pNA 2001-0419312 OF OFFICIAL RECORDS, TO REMAIN: -yP~ p6 M © INDICATES PORTION OF SEWER EASEMENT GRANTED VICINITY TO CARDIFF SANITATION DISTRICT PER DOCUMENT : MAP RECORDED APRIL 29, 2003 AS FILE NO. NOT TO SCALE 2003-0497524 OF OFFICIAL RECORDS, TO :AMAIN. ATTACHMENT B, SHEET 2 OF 3 4 ' EXHIBIT "B" PAGE I of PORTION OF SEWER EASEMENT GRANTED TO CARDIFF SANI TA TION DISTRICT VA CA TED 1LAND SCALE: I" = 40' _ G~~ VID EISENBERG BASIS OF BEARINGS THE BASIS OF BEARINGS OF THIS PLAT IS THE ~Q SOUTHERLY BOUNDARY OF PARCEL 1 PER tn:A N0.5845 PARCEL MAP NO. 19304 (I.E. N79.08'52"E). _ - of ca~.~F N79 •08152„E 142.30 PARCEL 2 Z PARCEL 1 N° P.M. NO o B ;PARCEL MAP NO. 19,304 19304 S 1 n 1500 N~g•Og'S2"E ° 80.00 o o 0 0 !7Tll A 7.57' 2 E 20 N79•08'5 ~ gEp,RINGS g p,SIS OF LEGEND ® INDICATES 3.00'-WIDE PORTION OF SEWER Q91 EASEMENT GRANTED TO CARDIFF SANITATION SANTA _ DISTRICT PER DOCUMENT RECORDED JUNE 21, AVE '0c 2001 AS FILE NO. 2001-0419312 OF OFFICIAL RECORDS VACATED. eta i Uq INDICATES PORTION OF SEWER EASEMENT SITE GRANTED TO CARDIFF SANITATION DISTRICT PER DOCUMENT RECORDED JUNE 21, 2001 AS FILE NO, oNA 2001-0419312 OF OFFICIAL RECORDS, TO REMAIN.' of O INDICATES PORTION OF SEWER EASEMENT GRANTED B VICINITY TO CARDIFF SANITATION DISTRICT PER DOCUMENT ° MA`P RECORDED APRIL 29, 2003 AS FILE NO, 1 11, 2003-0497524 OF OFFICIAL RECORDS, TO jMgIN. IT r I