2015-640579 DOC# 2015-0640579
III I II II I IIII I II I IIIII I I I II II II I I Ilil I II
Dec 15, 2015 04:19 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
Recording Requested by: ) SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES: $0.00
PAGES: 5
When Recorded, Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the Cif' ) SPACE ABOVE FOR RECORDER'S
USE ONLY
APN: 254-325-52✓
RESOLUTION NO. 2015-66
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 HERMES AVENUE ADJACENT TO 973 HERMES AVENUE
(SEE ATTACHMENTS `1' AND `2')
WHEREAS, Luke Cocalis and Hilary Cocalis, husband and wife as community property
submitted an application to vacate a portion of unused road right-of-way located on Hermes
Avenue, adjacent to 973 Hermes 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 September 21, 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 November 18, 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 Hermes Avenue,
adjacent to 973 Hermes Avenue (See Attachment `1'), in the City of Encinitas and in accordance
with the following: f, Kathy Hollywood, City Clerk of the City of Encinitas,
California,do hereby certify under penalty of perjury that
the 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 Seat 4f ft Q1 d bcinhas
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 Hermes Avenue, adjacent to 973 Hermes 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 18th day of November, 2015, by the following vote, to
wit:
AYES: Blakespear, Gaspar,Kranz, Muir, Shaffer.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
I
i
Kristin asp ,Mayor
City of Encinitas
ATTEST:
Kathy Ho lywoo , City Clerk
ATTACHMENTS
1
DATE: September 21, 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 Hermes Avenue
FILE NO.: 12543-VA
LOCATION: 973 Hermes Avenue
A.P.N.: 254-325-52
APPLICANT: Luke Cocalis and Hilary Cocalis, husband and wife as community
property
OWNER: Luke Cocalis and Hilary Cocalis, husband and wife as community
property
DESCRIPTION: Proposed summary vacation of public road right-of-way on a
portion of Hermes Avenue (See attached exhibit for proposed
vacation area).
This serves as a notice of intent to vacate a portion of Hermes 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 Hermes Avenue right-of-way on
Wednesday, November 18, 2015 at 6:00 P.M. or as soon as possible thereafter, File No.
12543-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 October 19,
2015.
Should you have any questions, feel free to call Debra Geishart, Engineering Technician,
City of Encinitas, at (760) 633-2779.
12543-VA COCALIS
ATTACHMENT "1"
PLAT
PUBLIC STREET RIGHT-OF-- WAY
VACATION
30 0 30 60 90
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PAGE 1
973 HERMES AVENUE OF 1
ICHAEL THOMPSO P.L.S. 5706 DATE
STREET VACATION
ATTACHMENT "2"
Legal Description of Street Vacation
THAT PORTION OF HERMES AVENUE, PARCEL 3, ACCORDING TO
PARCEL MAP NO. 1834, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FIELD IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 16, 1973 AS
FILE NO. 73-230155 AT PAGE 1834, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID
PARCEL 3, PARCEL MAP NO. 1834, THENCE NORTH 16 43' 30" WEST
ALONG THE WESTERLY LINE OF SAID PARCEL 3, A DISTANCE OF
114.98 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3;
THENCE ALONG THE NORTH LINE OF PARCEL 3, NORTH 74 17' 15"
EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 16 43' 30" EAST A
DISTANCE OF 114.98 FEET TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 3, THENCE SOUTH 7417' 22" WEST ALONG THE SOUTH LINE
OF SAID PARCEL 3, A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING.
PLEASE REFER TO ATTACHMENT "1" ATTACHED HERETO AND BY
REFERENCE MADE A PART HEREOF FOR FURTHER DETAIL.
CONTAINING AN AREA OF 574.9 SQ. FEET PLUS OR MINUS
Ma A
v� ��M Hp sG9
c v
ICHAEL THOMPSON, P. .S. 57C6 DATE N9�tA
09-3