2008-609545 t ♦ 7 _
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i IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIIi IIIII IIIII IIIII IIIII IIII IN
NOV 25, 2008 3:59 PM
Recording Requested by: )
City of Encinitas ) OFFICIAL RECORDS
1 SaJ!DIEGO COUNTY RECORDERS OFFICE
GREGORY J.SMITH,COUNTY RECORDER
1G When Recorded,Mail to: ) FEES: 0.00
�Vt City Clerk ) pp pp pp mm pp pp pPAGppEnnmmSyY:{ pp 2
505 of South Vulcan ) ���IIIQ���II�DI��II�IIDIII�IIIQII��II�Q�I��IIIYIIIII�������llp�
505 South Vulcan Avenue )
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 Pan 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,.Encinims,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:
I. 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-dq.doc
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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 19th day of November, 2008,by the following vote,to wit:
AYES: Bond, Dalager, Stocks.
NAYS: Barth, Houlihan.
ABSENT: None.
ABSTAIN: None.
JU04 Stocks, Mayor
C' of Encinitas
ATTEST:
Deborah Cervone,City Clerk
I, Deborah Cenone, City Clerk ot.the City 61166nfias,.
California do hereby cedify under penally of perjury that;
the above and lorepoing is a trge,and correct copy•ol,
this d%varoot on fine in my'offce. In witness whereel
I hoe sett hard the Seel of the City of Encinitas
this,2 day of 20 8 i
Deborah Cervone, City Clerk
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