2015-4529 DOC# 2015-0004529
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Jan 06, 2015 03 56 PM
OFFICIAL RECORDS
Recording Requested by: ) Ernest J Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES- $0 00
)
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• 258-213-05
RESOLUTION NO. 2014-61
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 834-836 DEWITT AVENUE
(SEE EXHIBIT `A' AND EXHIBIT `B')
WHEREAS, Kassabian Investment Co, LLC, a California Limited Liability Company
submitted an application to vacate a portion of unused road right-of-way located at 834-836 Dewitt
Avenue, 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 October 15, 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 December 10, 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 834-836 Dewitt
Avenue, in the City of Encinitas and in accordance with the following
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• 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 834-836 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 10th day of December, 2014,by the following vote, to wit:
AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSENT- None.
ABSTAIN: None.
i tin Gaspar, Mayor-
City Encinitas
ATTEST:
Kathy Hollywood, City Clerk
EXHIBIT'A'
LEGAL DESCRIPTION
STREET VACATION FOR THAT PORTION OF DEWITT AVENUE
APN:258-213-05-00
STREET ADDRESS: 834-836 DEWITT AVENUE, ENCINITAS, CA 92024
PARCEL DESCRIPTION
LOT 5, BLOCK 'A' SUBDIVISION OF EAST BLOCK 8 OF STURGES & PATTON'S SUBDIVISION OF
FIRST BLOCKS 7, 8, 10, 11 AND 12, IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE
OF CALIFORNIA,ACCORDING TOM THE EOF NO. 33, FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER, MARCH 19, 887
STREET VACATION DESCRIPTION
ALL THAT PORTION OF THE WESTERLY 12.00 FEET OF DEWITT AVENUE,AS VACATED AND
CLOSED TO PUBLIC USE, LYING ADJACENT TO AND ADJOINING LOT 5, BLOCK'A'SUBDIVISION
OF EAST BLOCK 8 OF THE STURGES & PATTON'S SUBDIVISION OF FIRST BLOCKS 7, 8, 10, 11 AND
12, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO
MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, MARCH
19, 1887.
CONTAIN 600 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT'S'ATTACHED HERETO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
JAN �
1 2.31. 19
S EN A. HEISE, LS87 LS
F C
SEPTEMBER 29, 2014
12/10/2014 Item #81F Page 3
EXHIBIT 'B'
STREET VACATION
BASIS OF BEARINGS FOR THIS SURVEY IS THAT PORTION OF THE CENTERUNE
OF DEWITT AVENUE, AS SHOWN ON ROS NO. 16173 IE. N6'41'37"W.
LOT 15 LOT 2 �—8)' ----'~
P O• 33 N LOT 14
NIA Z
LOT 3 a) ° BLOCK 8B
LOT 14 _ 20 I a
j
BLOCK
LOT 4 N LOT 13� Z
STREET VACATION 40'- 1
LOT 13 m SEE EXHIBIT W LEGAL DESCRIPTION
GENERAL PUBLIC UTILITY EASEMENT J
RESERVED TO THE CITY OF ENCINITAS
N83'20'24"E
.--28'
(100.00') ^� LOT 12
rn g o4/o I--40'
LOT o o
Lp °= - o
LOT 12 0 343 °J'6 .86 DEWITT AVE am
o u
�r
.. N83'20'12"E
(12.06) 28'.-'
0.00') LOT 11
LOT 6
LOT 11 20' In
C LOT 10
�---- m
LOT 7
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° ^ SITE No. LS 8788
E H ST. * 12-31-2014
SCALE 1.50 VICINITY MAP chi
NOT TO SCALE
i
KASSABIAN INVESTMENT CO.,LLC GE0MAHCS ENGINEERING INC-
834-836 DE1NI TT AVE 1487 PEQUENNA MEET,SAN DIEGO CA 9254
ENCINITAS, CA 92024 M-(6M2J&4M FFAX(818)47"M3
eAMLstnm@sdiarWsuveym.aom tTEVEN A. HEIS - LS8788
APN: 258-213-05-00jdla DATE: 9-29-2014
12/10/2014 Item #8F Page 4
EXHIBIT 'C'
DATE October 15, 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 12127-VA
LOCATION Portion of Dewitt Avenue, adjacent to 834-836 Dewitt Avenue
A.P N 258-213-05
APPLICANT KASSABIAN INVESTMENT CO , LLC, a California Limited Liability
Company
OWNER- KASSABIAN INVESTMENT CO , LLC, a California Limited Liability
Company
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, December 10, 2014 at 6 00 PM or as soon as possible
thereafter, File No 12127-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 November 15,
2014.Should you have any questions, feel free to call Debra Geishart, Engineering
Technician, City of Encinitas, at (760) 633-2779.
12/10/2014 Item #8F Page 5