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2011-315221s, I~ Recording Requested by. ' City of Encinitas When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City APN: 258-211-0 l DOC p 2071-0315221 III IA III YYI IINI II III II III IIIII II Ili II III II III II III II III II II III JUN 21.2011 3'.47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 ) 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illil IIII IIII SPACE ABOVE FOR RECORDER'S USE ONLY RESOLUTION NO. 2011-22 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 EAST F STREET ADJACENT TO 706 CORNISH DRIVE. WHEREAS, Michael E. Lyon and Kevan M. Lyon submitted an application to vacate right-of-way for public road purposes for a portion of land that is on the south side of F 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 April 13, 2011, 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 June 8, 2011, 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 the south side of F Street in the City of Encinitas per Attachment A and Attachment B and in accordance with th.e following: The project as proposed is consistent with the City of Encinitas General Plan and General Plan Circulation Element. I, Deborah Cervone, City Clerk of the city of Encinitas, California do hereby certify under penalty of periury that The above and foregoing is a true and correct copy of this docurnent on file in my office. In witness whereof, I have set my hand and the Seal of the City of Encinitas Ibis j q± day of 20 Deborah Cervone, City Cie[ k~ 2. F Street is in the Downtown Encinitas Specific Plan which shows 80' of right-of- way, with 43' of public improvements. 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 portion of F Street. 5. The City of Encinitas has accepted a portion of land at the corner of F Street and Cornish Drive, dedicated by separate document. RESERVING AND EXCEPTING from vacation and abandonment all existing easements pertaining to said property and reserving a slope, drainage and utility easement over the entire vacated area. Subject to the terms and conditions contained in City Council Resolution 2009-58, 2009-59, and 2009-63 which are hereby incorporated by reference. PASSED AND ADOPTED this 8t' day of June, 2011, by the following vote, to wit: AYES: Barth, Bond, Gaspar, Houlihan, Stocks. NAYS: None. ABSENT: None. ABSTAIN: None. Bond, Mayor of Encinitas ATTEST: UJ 4,&A "a .4., -Q=ic- Deborah Cervone, City Clerk _ ATTACHMENT W STREET VACATION FOR PORTION OF EAST F STREET z~ PORTION OF UNNAMED STREET PER MAP NO. 33 DEDICATED TO THE CITY OF SCALE : 1 = 60 ENCINITAS, RECORDED AS DOC. NO. - 0 30 60 120 180 OF 0. R. (N271'32"W 5.27) SEE DETAIL 'A' N_443_5'04E(R) 4 \ CORNIM1,1 DR. EXIST EDGE OF AC PAVEMENT 35.87 SECTION 15 A=4454' 6' SECTION 16 , I I = P '!31 L R-20" L-15.681 I - I - r ~J'~DI~J SI01 ~sZ ~'Af r011 ~I I J ( I ozo ozoS f UR 'r ^ , 1 I ~ I I~r '4 EXIST SEWER 3 I rn rn ~c... I C)~ ~ I I 24' MIN o o LOT EXIST EDGE 0 rQy) MAP AC PAVEMENT 3 .5' 7.50 ` PARCEL A 7.50' 20 32.5 STREET VACATION GRANTED UERIEOY _JT m WIDE SLOPE, DRAINAGE AND TO THE CITY OF EASEMENT RESERVED w ENCINITAS HEREON 50.31 _ N i I _ 7 50' A o 38'46'W LLEY _LEGEND : - - - - I ( ) INDICATES RECORD DATA PER L~J r I' I I I 17g ROS NO. 13539 cn I AS-r I I I I I~r 1,~, Igor l ® INDICATES STREET VACATION y C r 1° I I"0 r IJ II I 1 I I ® INDICA TES STREET DEDICA LION r I 4 I I I REC. , DOC ~,(40 ) - 32.5 NO. OF O.R. LID P.O.B. ,(-(N2'11'32"W 5.27) CORNISH DR INTERSECTION OF W'LY LINE OF L SEC. 15 & E L Y PROLONGATION , - - -(NO 30'00 "W 45.J9)+, OF NLY LINE LOT 1 -9.52' N8930'00'E JRR1 _ SECTION 16 Nt"N11/1 _ u~ 41 SECTION 16 TP.O.B. A=445456' L=15.68' nli I A=51'19'04'=~~ ST _A=9674'00 F F -517E ~ z~ sr~= R ~'U L=17.91' I I R=20' L=3359' ? so . STREET DEDICA TION STREET o DETAIL 'A' l VACATION NTS o SAMPO ENGINEERING, INC. 104 SECOND SIRR I INCINITA5, CA Y077- VICINITY MAP ° o' ~ C TEL.: (160) 436-0660 FAX (760) 436-0659 NTS JN: 11-103 LYON / CORNISH. DR 5125111 ATTACHMENT B DATE: TO: April 18, 2011 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 of a portion of East F Street FILE NO.: 10816-VA LOCATION: 706 Cornish Drive A. P. N.: 258-211-01 APPLICANT: Michael E. Lyon & Kevan M. Lyon OWNER: Michael E. Lyon & Kevan M. Lyon, Trustees of the Lyon Family 1992 Trust dated 9/14/92. DESCRIPTION: Proposed summary vacation of public road right-of-way on a portion of East F Street. (See attached exhibit for proposed vacation area). This serves as a notice of intent to vacate a portion of East F Street. A vacation is a process in which the City abandons its public right-of-way. The City will reserve a slope, drainage and utility easement within the vacated area. If you have any comments, please submit them in writing to our office by May 16, 2011. Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) 633-2779. T:\Debra\Vacations\10816-VA LYON-DG.doc