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1992-441826 . i4n . Recordinq Requested by: City of Encinitas 35J , u, --- When Recorded, Mail to: City Engineer City of Encinitas 527 Encinitas Blvd. Encinitas, CA 92024 RESOLUTION NO. 92-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS APPROVING THE VACATION OF A PORTION OF SAN DIEGO AVENUE SOUTH OF 8TH STREET IN OLIVENHAIN A.P.N. 265-331-01 WHEREAS, a request for the vacation of a portion of San Diego Avenue, south of 8th Street, has been submitted by George P. Reh on behalf of Bruce E. Cornell who owns the property adj oining San Diego Avenue; WHEREAS, on June 17, 1992, the City Council adopted a resolution declaring its intention to vacate and abandon a portion of San Diego Avenue south of 8th Street; and WHEREAS, this vacation will not cut off access to any person,S property which, prior to the street vacation, used San Diego Avenue as access; and WHEREAS, the easement for public right-of-way has not been used for the purpose f~r which it has been dedicated or acquired nor has any public money been spent for the construction or maintenance of the public street for five consecutive years immediately preceding this proposed vacation; and WHEREAS, on May 28, 1992, the Planning Commission made the finding that the requested road vacation of a portion of San Diego Avenue is consistent with the City Of Encinitas General Plan with respect to location, purpose, and extent; and WHEREAS, the easement for public right-of-way lies within property under one ownership and does not continue through such ownership; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas approves a summary vacation of the easement for public right-of-way recorded on Map 326 in the office of the County Recorder of San Diego County ( see Exhibit "A" ), 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 project as proposed complies with the California Environmental Quality Act since it is exempt from environmental review. 3. There is no present or prospective public use for the easement for public right-of-way. RESERVING AND EXCEPTING from vacation and abandonment easements and rights pursuant to any existing franchise or renewal thereof for . . 33/1 Pacific Bell or otherwise, at any time, or from time to time, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, and other structures, equipment and fixtures for the operation of telegraphic and telephone lines, and for incidental purposes including access to protect the property from all hazards in, upon, over and across the above described portions of highways proposed to be vacated and abandoned. BE IT ALSO RESOLVED that the City Clerk of the City of Encinitas shall cause a certified copy of the Resolution of Vacation, attested by the Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement or further proof, in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED this 8th day of July, 1992, by the following vote, to wit: AYES: Davis, Hano, Omsted, Slater, Wiegand NAYS: None ABSENT: None ABSTAIN: None m ~'-þI~~ Maura Wiegand,~ayor of the city of Encinitas, California ATTEST: 'f ~ (]~ E. Ja?j Pool, City Clerk ~E. JANE POO~ City Clerk of the City of Encinites. Californle hereby .cert!fv under penalty of perjury that the above and. for.egOlng ,~ a true end correct COpy of this document on file In my office. In witness whereof I have set my hand and the Seal of the City 0 ncinitas this 9'1A day of P ~ 6. ~ .~.f ,19- . . Jane Pool, :v ~'erk - . . 355 EXHIBIT "A" THAT PORTION OF THE EASTERLY HALF OF SAN DIEGO AVENUE LYING BETWEEN WEST SEVENTH STREET AND WEST EIGHTH STREET, ADJOINING BLOCK 92 OF COLONY OLIVENHAIN, FILED IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY, ACCORDING TO MAP NO. 326, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 5 OF COUNTY OF SAN DIEGO TRACT NO. 4407, ACCORDING TO MAP NO. 11220, FILED IN SAID COUNTY RECORDER'S OFFICE; THENCE, EASTERLY ALONG A LINE PERPENDICULAR TO SAN DIEGO AVENUE, SOUTH 74'51'40" EAST, 40 FEET TO A POINT ON THE EASTERLY LINE OF SAID SAN DIEGO AVENUE. SAID POINT BEING THE POINT OF TERMINUS AND BOUNDED TO THE SOUTH BY PARCEL MAP NO. 15211, FILED IN SAID COUNTY RECORDER'S OFFICE. RESERVING AND EXCEPTING FROM VACATION AND ABANDONMENT EASEMENTS AND RIGHTS PURSUANT TO ANY EXISTING FRANCHISE OR RENEWALS THEREOF, OR OTHERWISE, FOR PACIFIC BELL TO, AT ANY TIME, OR FROM TIME TO TIME, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, REMOVE, RENEW AND ENLARGE LINES OF PIPE, CONDUITS, CABLES, WIRES, POLES AND OTHER STRUCTURES, EQUIPMENT AND FIXTURES FOR THE OPERATION OF GAS PIPE LINES, TELEGRAPHIC AND TELEPHONE LINES AND FOR THE TRANSPORTATION OR DISTRIBUTION OF ELECTRICAL ENERGY AND WATER AND FOR INCIDENTAL PURPOSES INCLUDING ACCESS TO PROTECT THE PROPERTY FROM ALL HAZARDS IN, UPON, OVER AND ACROSS THE ABOVE DESCRIBED PORTIONS OF HIGHWAYS PROPOSED TO BE VACATED AND ABANDONED. ALL SHOWN FOR CLARITY ON EXHIBIT liB" ATTACHED, THEREBY MADE A PART OF BY THIS REFERENCE. tfO069 -, -, . . 3,56 ,. T 1 EX ¡..¡ /8/ T 'ß- iX I 1 . -:',:YJ:, I/YO. !D52.6 '\) WEST I PArI. 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