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2014-388017 D 0 C ## 201 4-038801 7 111111111111111111111111111111111111111111111111111111111 IN SEP 09, 2014 4:42 PM 5 Recording Requested b : OFFICIAL RECORDS P g q Y ) SAN DIEGO COUNTY RECORDER'S OFFICE 1 City of Encinitas j EJ Dronenbur28Jrr0 COUNTY RECORDER FEES When Recorded, Mail to: PAGES: 5 City Clerk > ����������������������������������������������111111111111111111111111111111 IN IIII City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City_ ) SPACE ABOVE FOR RECORDER'S USE ONLY APN: 258-216-09 n RESOLUTION NO. 2014-52 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 EAST I STREET,ADJACENT TO 956 CORNISH DRIVE (SEE ATTACHMENT `A') WHEREAS, Gregory D. Hagen, a married man as his sole and separate property submitted an application to vacate a portion of unused road right-of-way located at East I Street, adjacent to 956 Cornish Drive, in the City of Encinitas; WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of California Streets and Highways Code; WHEREAS, on June 18, 2014, City staff distributed notices to residents within 500 feet of the proposed vacation(Attachment B) and to all public utility companies; and WHEREAS, the City Council of the City of Encinitas on August 27, 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 East I Street, adjacent to 956 Cornish Drive, in the City of Encinitas and in accordance with the following- 1. Kathv HollpNood, City Clerk of the City of Encinitas, ,,,alitornia,do hereby certi under penalty of perjury that t ie above and foregpkly a true and correct copy of this document on file iff my oft.ki witness whereof, I have set my hand and the So o(ow CRY of En"" this o�� Kathy HO WK CR Clerk 1. 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 East I Street, adjacent to 956 Cornish Drive 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 27th day of August, 2014, by the following vote, to wit: AYES: Barth, Gaspar, Kranz, Muir, Shaffer. NAYS: None. ABSENT: None. ABSTAIN: None. istin aspar., Mayor City of Encinitas ATTEST: "Ai Kathy ollywood, City Clerk I, Kathy Hollywood, Ch►CWk of ft City of 6ichrbt, California,do hereby certl4 wader penalty of perry that t le above and bqokg Is a bw and cared copy d this document on file in my artioe.ki wbo wha* I have my trend end the d I 11 OW d .fiv Hollywood, City Clerk of the City of Encinitas, dilornia,do hereby certify under penalty of perjury that ,e above and foregoing is a true and correct copy of this document on file in my office.In witness whereof, of Encinitas SCALE: 1 " =30 ' ATTACHMENT 'A' this day of mI I thy Hollyw6bil,City lark ` ° a ul 29 N83'19'161' 50,26' ' U*R C S z GaOo OD $ R.O.O. NO. Ions C I � J � W f 0 1 OB 90,04' N83'19'09"E I N83'19 O9 E 79.77 L-14.63' A-83'49'09 R=10.00 O, .— VICINITY MAP _— ST��,� `�' NOT TO SCALE BRIGGS AVE o. SITE ,,._---- «.�"'""."'..- E. I INDICATES PROPOSED RIGHT—OF—WAY � o VACATION, RESERVING GENERAL PUBLIC UTILITY ESMT. OVER ENTIRE VACATED AREA. AREA - 1056 SQUARE FEET POB POINT OF BEGINNING D LE8 ti \ COASTAL LAND SOLUTIONS, INC. v <� EN5777 SECOND CA 2024 '1 yr/ L.S. 7959 F �(76b)22 602s SEAN C. NGLERT DATE , L.S. 7959 qr C CLS#1220 ATTACHMENT `A' LEGAL DESCRIPTION LOT 22 AND THAT PORTION OF LOT 21 LYING SOUTHERLY OF A LINE WHICH IS PARALLEL WITH AND TEN FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 21, OF SUBDIVISION OF BLOCK 9 EAST OF THE CALIFORNIA SOUTHERN RAILROAD,IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 38,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 11, 1887. TOGETHER WITH THAT PORTION OF I STREET LYING SOUTHERLY OF, AND ADJACENT TO, LOT 22, OF SUBDIVISION OF BLOCK 9 EAST OF THE CALIFORNIA SOUTHERN RAILROAD,IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL MAP THEREOF NO. 38, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 11, 1887, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 22; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 22 AS SHOWN ON RECORD OF SURVEY NO. 15232,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 1, 1996,NORTH 83°19'09"EAST, 90.04 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CORNISH DRIVE AS SHOWN ON SAID RECORD OF SURVEY NO. 15232;THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 00°30'00"EAST,3.09 FEET TO A POINT OF CURVATURE, BEING A 10.00—FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY,THENCE SOUTHWESTERLY ALONG THE ARC OF SAID j CURVE THROUGH A CENTRAL ANGLE OF 83°49'09",A DISTANCE OF 14.63 FEET;THENCE ALONG A LINE PARALLEL WITH,AND TWELVE(12)FEET SOUTHERLY OF,THE SOUTHERLY LINE OF SAID LOT 22 AS SHOWN ON SAID RECORD OF SURVEY NO. 15232, SOUTH 83 019'09"WEST,79.77 FEET TO A POINT ON A LINE THAT BEARS SOUTH 06°40'51"EAST FROM THE POINT OF BEGINNING;THENCE NORTH 06°40'51" WEST, 12.00 FEET TO THE POINT OF BEGINNING. CONTAINS 9,596 SQUARE FEET MORE OR LESS. LAND � �9F '4A SEAN C. NGLERT,P.L.S. 7959 DATE ' COASTAL LAND SOLUTIONS, INC LS. 7959 cPjqF���`� I, Kathy Hollywood, City Clerk of the City of Eftttas, OF CAU California,do hereby certify under penalty of perjury that t ie 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 and the Seal of the City of Encin' this �!) day o f' �� Kathy Hollyhod,City.Clerk ATTACHMENT B DATE- June 18, 2014 TO: Distribution List, Property Owners FROM: City Engineering Services Department City of Encinitas 505 S Vulcan Avenue Encinitas, CA 92024 Attn. Debra Geishart PROJECT SUMMARY VACATION of a portion of East I Street FILE NO. 12000-VA LOCATION Portion of East I Street, adjacent to 956 Cornish Drive A.P N 258-216-09 APPLICANT- Gregory D Hagen, a married man as his sole and separate property OWNER- Gregory D. Hagen, a married man as his sole and separate property DESCRIPTION. Proposed summary vacation of public road right-of-way on a portion of East I Street (See attached exhibit for proposed vacation area). Encinitas City Council will consider this Summary Vacation of a portion of East I Street right-of-way on Wednesday, August 27, 2014 at 6.00 PM or as soon as possible thereafter, File No 12000-VA. Summary Vacation is a process in which the City abandons its excess right of way The City will reserve a general utility easement within the vacated area If you have any comments, please submit them in writing to our office by July 25, 2014 Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) 633-2779 1, Kathy Hollywood, City Clerk of the City of Encinitas, California,do hereby certify underpenefty of perjury that the above and foregoing Is a true and correct copy of this document on fo in My office.In wdness whereof, I have t my hand and the SO of th 94 of Eacia this-day a m UK 01614, my,flo0bACNYCkwk