2014-239408 D O C ## 2014-0239408
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RECORDING REQUE�TED BY: JUN 10, 2014 3:59 PM
R1�bi�aA EL I: 0,-
AND WHEN I O: OFFICIAL RECORDS
Ernest DI Drone bu g,Jr.,COUNTY RECORDER
FEES: 0.00
PAGES: 4
Space above this line reserved for Recorder's Use Only
Govt. Code 27361.6
(Please fill in document title(s)on this line)
Govt.Code 27324
1 y�
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Govt.Code 27361.6
(Additional recording fee applies)
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 ) SPACE ABOVE FOR RECORDER'S
USE ONLY
APN: 258-213-02
RESOLUTION NO. 2014-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA,APPROVING THE SUMMARY VACATION OF A PORTION OF RIGHT-
OF-WAY LOCATED AT 810-812 DEWITT AVENUE
WHEREAS, Damien Kovner, Trustee of The Damien G. Kovner Living Trust Under
Declaration of Trust (UDT) dated January 27,1998 submitted an application to vacate a portion of
unused road right-of-way located at 810-812 Dewitt Avenue, in the City of Encinitas and
WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of Division
9 of the State of California Streets and Highways Code and
WHEREAS, on March 26, 2014, 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 May 28, 2014, 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,
pursuant to section 8335 of the State of California Streets and Highways Code, has adopted the
Resolution to summarily vacate a portion of unused road right-of-way located at 810-812 Dewitt
Avenue, in the City of Encinitas and in accordance with the following:
I. 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,
2. There is no present or prospective public use identified for the unused portion of
right-of-way located at 810-812 Dewitt Avenue.
3. That from and after the date the resolution is recorded, the street, highway, or public
service easement vacated no longer constitutes a street, highway, or public service
easement.
RESERVING AND EXCEPTING from vacation and abandonment all existing easements
pertaining to said property. A General Public Utility Easement will be reserved over the entire
vacated area.
PASSED AND ADOPTED this 28th day of May, 2014, by the following vote, to wit:
AYES: Barth, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
Teresa Arballo Barth, Mayor
City of Encinitas
ATTEST`:
d`
Kathyl4ollywood, City Clerk
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EXHIBIT B'
STREET VA CA PON
EXISTING RIGHT-OF-WAY
EAST_G STREET - - - - - -
1"=40'
i
0 20 40 80 0,
EXISTING RIGHT-OF-WAY 0, '
LOT 16
LOT 1 PARCEL A 0' VARIES
SEE..EXHIBIT A'LEGAL DESCRIPTION. 22-24'
STORMWATER, DRAINAGE AND PUBLIC I
( 16 UTILITY EASEMENT TO BE RESERVED
(100) 28 12.00' WIDE
NO' GENERAL LOT 15
LOT 2 o iVTIL1TY EASEMENT
o PRESERVED HEREON.
rte— APN: 258-213-02 I
OT 15 0 810-812 DEWITT AVE VARIES
20' 22'-23'
100' IZ' I BLOCK
SUBDIVISION BB
STURGES & RATTON'S
LOT 14
BLOCK BA
MAP N0, 33 EXISTIN
LOT 14 ASPHALT I t4
LOT 3
PAVING
ENpNITAS BOULEVARD
LOT 13
�
C'
Z
E f ST
H LOT 4
SITE~ E. '" G ST.
a czj
E Xi H ST. LOT 12
a N ~
Lo
0
LOT 5 -`
1ICINI TY M AP VAN LOT 11
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NTS.
No.7s�J �
•-�- SAMPO ENGINEERING, INC. J' I
-171 Wavy 86.3111 LOT 6 /' 1
TEL: (760)436-0660 FAX- (760)436-0659
J9-14-103 KOVNERItewT AVE. 3125114 �Qp 9
CAL