2014-502336 D O C ## 2014-0502336
11111111 11111 11111 11111 1111111111 11111 11111111 111111111 IN
NOV 18, 2014 3:58 PM
Recording Requested by: ) OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 0.00
When Recorded,Mail to: ) PAGES: 5
City Clerk
City of Encinitas ) I����� 11111 IN IN
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the City ) SPACE ABOVE FOR RECORDER'S
USE ONLY
VIA
APN: 258-214-07V
�\
RESOLUTION N0. 2014-57
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 758-760 DEWITT AVENUE
(SEE EXHIBIT `A' AND EXHIBIT `B')
WHEREAS, Kenneth King submitted an application to vacate a portion of unused road
right-of-way located at 758-760 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 Highways Code and
WHEREAS, on October 2, 2014, City staff distributed notices to residents within 500 feet
of the proposed vacation(See Exhibit `C') and to all public utility companies and
WHEREAS, the City Council of the City of Encinitas on November 12, 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 758-760 Dewitt
Avenue, in the City of Encinitas and in accordance with the following:
I. Kathy Hollywood, City Clerk of the My of Er dnft
California,do hereby ce ' undef penalty of perjury that
fie above and foregokya 1 Vw and c WW copy of
this document on file in my office.MI wkw whereof,
II have''set�t my lmnd the Sell Wi&V d Estee
u �
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 758-760 Dewitt Avenue.
RESERVING AND EXCEPTING from vacation and abandonment all existing easements
pertaining to said property. A General Public Utility Easement per City Council Resolution 2009-
63, will be reserved over the entire vacated area.
PASSED AND ADOPTED this 12th day of November, 2014, by the following vote, to
wit:
AYES: Barth, Gaspar, Kranz, Muir, Shaffer.
NAYS- None.
ABSENT: None
ABSTAIN: None.
Krist Gaspar, Mayor
City o cinitas
ATTEST:
Kathy ollywood, City Clerk
EXHIBIT `A'
LEGAL DESCRIPTION
STREET VACATION FOR PORTION OF DEWITT AVENUE
PARCEL DESCRIPTION
LOT 8 IN BLOCK "A" OF STURGES AND RATTON'S SUBDIVISION OF EAST BLOCK 7, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 33, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 19, 1887.
STREET VACATION DESCRIPTION
THE WESTERLY 12.00 FEET OF THAT PORTION OF DEWITT AVENUE LYING ADJACENT TO
AND ADJOINING LOT 8 IN BLOCK "A" OF STURGES AND RATTON'S SUBDIVISION OF EAST
BLOCK 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 19, 1887, MORE PARTICULARLY DESCRIBED IN WHOLE AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8, SAID POINT BEING ON THE
WESTERLY LINE OF DEWITT AVENUE, HAVING A HALF WIDTH OF 40.00 FEET; THENCE AT
RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT 8, EASTERLY 12.00 FEET TO A POINT
DISTANT THEREON 28.00 FEET WESTERLY OF THE CENTERLINE OF SAID DEWITT AVENUE,
MEASURED AT RIGHT ANGLES; THENCE PARALLEL TO SAID EASTERLY LINE OF LOT 8,
SOUTHERLY 39.17 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE
ARC SAID CURVE 23.19 FEET THROUGH A CENTRAL ANGLE OF 66025'19" TO A POINT ON THE
SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF LOT 8 DISTANT THEREON 32.50
FEET NORTHERLY OF THE CENTERLINE OF EAST G STREET, MEASURED AT RIGHT ANGLES;
SAID POINT BEING ON THE SOUTHERLY LINE OF THE NORTHERLY 7.50 FEET OF EAST G
STREET VACATED AND CLOSED TO PUBLIC USE; THENCE NORTHERLY ALONG SAID
SOUTHERLY PROLONGATION AND THE EASTERLY LINE OF SAID LOT 8, NORTHERLY 57.50
FEET TO THE POINT OF BEGINNING. DS
CONTAINS 629 SQUARE FEET, MORE OR LESS. ygc,�N� L. S 0
�
No.7656 n
7��C4t�
EXHIBIT B'
STREET VA CA PON
Owm
LOT 6 I I ' ` I
I I I = LOT 11
BLOCK 7A
LOT 11 --
MAP NO 33 WM I I a I 10
LOT
I
LOT 7 = ---28'�
SMET AG1MM1
a IG IT A'LEGAL DESCRIPTION. a" I
ERAL PUBLIC UAL/TY
LOT 10 12.00' I
SE✓�ENl RESERVED E CITY OF ENC/NITAS Cif) 1 I rn
'1 I I LOT 9
w 40 1�19`'�I BLOCK 76
-20
LOT 8
LOT 9 AM 258--214-07 "' l
758-760 Df1111T AIE � 1
7.5
(00') — 1, R=20.00'I EXISTING
75 --.4=6675'191 \ ASPHALT RIGHT-OF-WAY
L=23.19' I PAVING
EXISTING RIGHT-Of-WAY _
_ 325' ��-
_ _ _ _ _ fi _ - - -
EAST 6; STREET -6s_
3251
EXISTING RIGHT-OF-WAY 75' — I , 1
OT 16
L
— I
ENO 1AS I
LOT 1
H Z I I
E F ST.
r3L U �l I LOT 15
a I
F I I
a N LOT 2 ),
\,AND
E. S ` '�`� I i I' 8B CK
CNI TY MAP No. 7655 0
NIS I I LOT 14
•- SAMPO ENGINEERING, INC.
Jf �Q 1"=40'
TEL. (760)436-0660 FAX(760)436-0659 9lFOF Cp�\F��
JN;14-120 K/NGIyEwrr AVE 9123114 0 20 40 80
EXHIBIT 'C'
z
DATE. October 2, 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 Dewitt Avenue
FILE NO.- 12101-VA
LOCATION Portion of Dewitt Avenue, adjacent to 758-760 Dewitt Avenue
A.P.N - 258-214-07
APPLICANT. Kenneth King
OWNER. Kenneth King
DESCRIPTION- Proposed summary vacation of public road right-of-way on a
portion of Dewitt Avenue (See attached exhibit for proposed
vacation area).
Encinitas City Council will consider this Summary Vacation of a portion of Dewitt Avenue
right-of-way on Wednesday, November 12, 2014 at 6.00 PM or as soon as possible
thereafter, File No. 12101-VA. A 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 October 24,
2014.
Should you have any questions, feel free to call Debra Geishart, Engineering Technician,
City of Encinitas, at (760) 633-2779.
11/12/2014 Item #81) Page 5