1992-441826
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Recordinq Requested by:
City of Encinitas 35J
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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
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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.
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