2012-759613 D 0 C ## 201 2-0759613
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DEC 04, 2012 4.19 PM
Recording Requested by: ) OFFICIAL RECORDS
City of Encinitas is SAN DIEGO COUNTY RECORDERS OFFICE
y ) Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 000
When Recorded, iviail to ) PAGES: 3
City Clerk
City of Encinitas ) I�III�'�II1 II�II'�III I�I�I IIII��IIII'�III���II��III��III��III��I�I'IIII I�III'�II III
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the Cites ) SPACE ABOVE FOR RECORDER'S
USE ONLY
APN• 258-211-09 "
\\ U
RESOLUTION NO. 2012-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA,APPROVING THE SUMMARY VACATION OF RIGHT-OF-WAY FOR
PUBLIC ROAD PURPOSES AT 747 DEWITT AVENUE.
WHEREAS, Mark J Piel submitted an application to vacate right-of-way for public road
purposes for a portion of land at 747 Dewitt Avenue, 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 September 7, 2012, 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 November 14, 2012, 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 at 747 Dewitt Avenue, in the City of
Encinitas per Attachment A and in accordance with the following:
1 The project as proposed is consistent with the City of Encinitas Downtown Specific
Plan and the General Plan Circulation Element.
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,
3 There is no present or prospective public use identified for the public right-of-way
on the vacated portion of Dewitt Avenue
RESERVING AND EXCEPTING from vacation and abandonment all existing easements
pertaining to said property and reserving a general 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.
Also, excepting and reserving an easement for the Sari Dieguito Water District, its successors and
assigns, in, upon, over and across the lands for the purpose of locating, relocating, constructing,
reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes lines, and all
fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission
and distribution of water and all uses and purposes incidental thereto, together with the right of
ingress thereto and egress therefrom, to and along said easement from buildings, structures,
explosive,trees, and other material or growths detrimental to the District's uses.
PASSED AND ADOPTED this 14th day of November, 2012,by the following vote,to wit.
AYES: Barth, Bond, Gaspar,Muir, Stocks.
NAYS None.
ABSENT- None
ABSTAIN None
Jerome Stocks, Mayor
City,/of Encinitas
ATTEST:
:�O*Awh
Kathy'rfollyw6od, City Clerk
I, Kathy Hollywood, City Clerk of the City of Encinitas,
California,do hereby cerhfy under penalty of perjury that
the above and foregoing is a true and correct copy of
this document on file in my office.In witness whereof,
I have set my hand the Seal t#ie City of Encinitas
day d -
VA UYWA lt,►oft
A TTA CHMENT "A "
SHEET]OF]
DEWITT A VENICE VA CA TIONPLA T
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DOC #2012-0177605 II
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