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2015-537004 DOC# 2015-0537004 `c,P IIII IIIIIIIIIIIIIIillllllllllllllllllllllllll II Oct 13, 2015 04 41 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, Recording Requested by: ) SAN DIEGO ES- $ 00ECORDER City of Encinitas ) PAGES' S 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: 260-301-01 G RESOLUTION NO.201549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,APPROVING THE SUMMARY VACATION OF A PORTION OF RIGHT- OF-WAY LOCATED ON WARWICK AVENUE ADJACENT TO 1600 GLASCOW AVENUE (SEE ATTACHMENTS `1' AND`2') WHEREAS, Andrew T. Gaglione and Lauren R. Gaglione, Trustees of the Gaglione Revocable Trust, dated November 30, 2012 submitted an application to vacate a portion of unused road right-of-way located on Warwick Avenue, adjacent to 1600 Glasgow 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 July 28, 2015, City staff distributed notices to residents within 500 feet of the proposed vacation(See Attachment `3')and to all public utility companies and WHEREAS, the City Council of the City of Encinitas on September 16, 2015, 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 on Warwick Avenue, adjacent to 1600 Glasgow Avenue, in the City of Encinitas and in accordance with the following: 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 on Warwick Avenue,adjacent to 1600 Glasgow 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. Excepting and reserving an easement for the San 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 pipe 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,together with the right to clear and keep clear said easement from buildings, structures, explosive, trees, and other material or growths detrimental to the District's uses. PASSED AND ADOPTED this 16th day of September, 2015, by the following vote, to wit: AYES: Blakespear, Gaspar,Kranz,Muir, Shaffer. NAYS: None. ABSENT: None. ABSTAIN: None. Kristin par,Mayor City of Encinitas ATTEST: Kathy Hollywood,City Clerk ATTACHMENT '1 ' N PLAT W E STREET VACATION -2364 SO-FT. GENERAL PUBLIC UTILITY S EASEMENT RESERVED HEREON OVER VACATED PORTION OF 0 30 60 WARWICK AVENUE AND GLASCOW AVENUE R=17.27'L=27.13' 2364 SOFT. D=90°00'00" N89°18'30"E 114.98' w WARWICK N00035'oo"VV AVENUE 20.00' o S89°18130"W 97.75 S89'18"30"W R' c�— N R=17.27' POINT OF R=17.27' L=2.34' BEGINNING L=29.47' D=7°4930" "v N LOT 11 D=97°46'30" N07°05'E UJ LOT 10 APN 260-302-01 23.06 z � � W BLOCK Z 105 R=899.49' 3 MAP 1547 L=20.51' o S89°25'W 110 00' S LOT 9 LOT 12 40' c� EXCEPTING,%NO RESERVING AN EASEMENT FOR THE SAN DIEGUITO WATER DISTRICT,ITS SUCCESSORS AND ASSIGNS,IN,UPON,OVER AND ACROSS THE LANDS FOR THE PURPOSE OF LOCATING,RELOCATING,CONSTRUCTING, MAINTAINING,OPERATING,INSPECTING AND REPAIRING A PIPE LINE OR PIPE LINES,AND ALL FIXTURES AND APPURTENANCES INCIDENTAL VICINITY MAP THERETO FOR USE IN CONNECTION THEREWITH,FOR THE TRANSMISSION AND L'w0 S DISTRIBUTION OF WATER AND ALL USES AND WARWICK - SITES\ �y`�g'1 0 4 �P PURPOSES INCIDENTAL THERETO,TOGETHER AVE w t� �Qy`.4 WITH THE RIGHT OF INGRESS THERETO AND 1 - > r a: EGRESS THEREFROM,TO AND ALONG SAID Zj a No.8537 EASEMENT,TOGETHER WITH THE RIGHT TO o �At, 4L ExP.12/31/16 CLEAR AND KEEP CLEAR SAID EASEMENT FROM z y `�� .�� BUILDINGS,STRUCTURES,EXPLOSIVES,TREES, GLASGOW Y ��\ 9TF F� AND OTHER,MATERIAL OR GROWTHS AVE ¢ s OF CA0 DETRIMENTAL TO THE DISTRICT'S USES. f // PASCO LARET SUITER aV�P f r"2712015 &ASSOCIATES 1GARVO- EMOM.PLS 8537 DATE 535 Noah Highway 101,Ste A,Solana Beach,CA 92075 N. $� PL5A JOB A 2401 ph 858259.82121 fx 858-259-48121 plsaengineering&com ATTACHMENT '2' LEGAL DESCRIPTION OF STREET VACATION THAT PORTION OF WARWICK AVENUE AND GLASGOW AVENUE OF MAP OF CARDIFF VISTA,ACCORDING TO MAP THEREOF NO, 1547, FILED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH 18, 1913,IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 11 OF BLOCK 105 OF SAID MAP;THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 11, NORTH 00°35'00"WEST 20.00 FEET TO THE NORTHERLY LINE OF SAID MAP 1547,THENCE ALONG SAID NORTHERLY LINE NORTH 89'18'30" EAST 114.98 FEET;THENCE LEAVING SAID NORTHERLY LINE,SOUTH 00°41'30" EAST 37.27 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 11 AND TO THE BEGINNING OF A NON-TANGENT 17.27 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, (FROM WHICH A RADIAL LINE BEARS SOUTH 89'18'30"WEST) ;THENCE FOLLOWING THE EASTERLY AND NORTHERLY LINES OF SAID LOT 11, NORTHWESTERLY 27.13 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'00'00";THENCE TANGENT SOUTH 89°18'30"WEST 97.75 FEET TO THE POINT OF BEGINNING. CONTAINING 2364 SQUARE FEET, MORE OR LESS(0.054 ACRES) PLAT NAMED ATTACHMENT`1'ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. �a �D SVq` O� LS 8537 GARY D. MELLOM, LS 8537 July 29,2015 (p �qTF OF CAS-����`' 1, Kathy Hop vwo CRY Cleft d the CRY Of Bd tas, Calbfomia,do hereby Guilder peaty Of P&M that the above and fvg&q 1111110 and CotW COPY Of this document on Ike h my dim b wbm WOO, 1 have ad MY bend e� -b d We Ct�d�cift ATTACHMENT `3' DATE August 5, 2015 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 Warwick Avenue FILE NO 12461-VA LOCATION 1600 Glasgow Avenue A.P N : 260-301-01 APPLICANT: Andrew T and Lauren R. Gaglione OWNER: Andrew T and Lauren R. Gaglione DESCRIPTION- Proposed summary vacation of public road right-of-way on a portion of Warwick Avenue (See attached exhibit for proposed vacation area). This serves as a notice of intent to vacate a portion of Warwick Avenue A vacation is a process in which the City abandons its public right-of-way. Encinitas City Council will consider this Summary Vacation of a portion of Warwick Avenue right-of-way on Wednesday, September 16, 2015 at 6.00 P M. or as soon as possible thereafter, File No 12461-VA. The City will reserve a general public utility easement within the vacated area If you have any comments, please submit them in writing to our office by August 27, 2015 Should you have any questions, feel free to call Debra Geishart, Engineering Technician, City of Encinitas, at (760) 633-2779 12461-VA Gaglione