2018-185310 DOC# 2018-0185310
a'
May 08, 2018 03:51 PM
OFFICIAL RECORDS
.Recording Requested by: ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES: $0.00 (SB2 Atkins: $0.00)
When Recorded, Mail to: ) PAGES: 4
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: 264-143-59-00
J
v RESOLUTION 2017-12
A RESOLUTION-OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA
APPROVING THE SUMMARY VACATION OF AN EXISTING IRREVOCABLE OFFER OF
DEDICATION (IOD) FOR ROADWAY PURPOSES AT 1060 CALIFORNIA STREET(APN: 264-
143-59-00), AND RESERVING IN ITS PLACE AN EASEMENT FOR RECREATIONAL TRAIL
PURPOSES FOR PEDESTRIAN, EQUESTRIAN, BICYCLE(INCLUDING E-BICYCLES),OR
SIMILAR NONMOTORIZED TRANSPORTATION USE
WHEREAS, Travis King submitted an application to summarily vacate an unused
irrevocable offer of dedication (IOD) for roadway purposes at 1060 California Street (APN: 264-
143-59-00), in the City of Encinitas;
WHEREAS, vacation proceedings are conducted under the Public Streets, Highways, and
Service Easements Vacation Law (State of California Streets and Highway Code Division 9, Part
3);
WHEREAS, the IOD in question has been impassable for vehicular travel for a
period of five consecutive years;
WHEREAS, no 'public money was expended for maintenance on the street or
highway during such period;
WHEREAS, the City Council considered, without limitation:
1. The General Plan and its goals and policies in regard to this proposed vacation;
2. The August 30, 2017 agenda report to the City Council with attachments;
WHEREAS, notice of the proposed vacation was provided to all public utility companies
and City departments on February 22, 2016; and
WHEREAS, on August 30, 2017, at 6:00 p.m., the City Council of the City of Encinitas
heard all persons interested in the proposed vacation in the City of Encinitas Council-Chambers,
505 South Vulcan Avenue, Encinitas, CA 92024.
I, Kathy Hollywood, City E d"df the.(qty of Encinitas,
California,,&hereby certify under,penally of perjury that
the above and foregoing is a tme:and_correct copy of
this_docurnent.in:file in my ofhCe.tn_ it=whereof,
have-set my handcar cl.the Seal of tWtit' of Encinitas
this l day _.►
_ ;
-Y Hollywood,Cihl
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas
hereby adopts this Resolution of Vacation to summarily vacate the subject irrevocable offer of
dedication (IOD)"for roadway purposes in the City of Encinitas, as described in Exhibit A and as
shown in Exhibit B, and in accordance with the following:
1. The City of Encinitas hereby reserves over the entirety of the IOD to be vacated an
easement for potential future recreation trail purposes for pedestrian, equestrian,
bicycle (including e-bicycle), or similar nonmotorized transportation use as follows:
a. The property owner shall cause to be recorded an easement document,
prepared to the satisfaction of the City Engineer and City Attorney, reserving the
IOD for such purpose.
b. The use of the easement area by the property owner shall be limited to minor
improvements such as the existing sports court, fencing, and low walls. The
easement document shall require the removal of any improvements at the
expense of the property owner should the City commence use of the easement.
c. The easement shall be recorded prior to, or concurrently with, recordation of this
resolution of vacation.
2. The vacation of the IOD is consistent with the-City of Encinitas General Plan and
Circulation Element.
3. The project has been determined to be exempt from environmental review pursuant
to California Environmental Quality Act (CEQA) Guidelines Section 15301(c) which
exempts minor alterations to existing public streets involving negligible or no
expansion of use. None of the exceptions in CEQA Guidelines Section 15300.2
exists,'and no historic resources will be impacted by the proposed project.
4. From and after the date this resolution,is recorded, the IOD hereby vacated no
longer constitutes a street.
PASSED AND ADOPTED this 20th day of September, 2017, by the following vote, to wit:
AYES: Blakespear, Boerner Horvath, Kranz, Mosca, Muir
NAYS: None
ABSENT: None
ABSTAIN: None
Catherine S. Blakespear, Mayor
City of Encinitas
ATTEST:
Kathy HolPywood, City Clerk r
I,Kathy Hollywood;City-Clerk of the City-of, ndn_iitas,
California,do"rehy;certify:underpenalty of perjury�that
the above and'foregoing=it a-true and_correct 0fi,,of
this document.on file_in my"office`..In.withess.wher?of,
have set my hand and the Seal of En PUs
this...rL day
Kathy Hollywoo ,City Cie
EXHIBIT "A"
DESCRIPTION
THAT PORTION OF PARCEL 3 ACCORDING TO MAP THEREOF NO. 13491, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,AS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY RECORDED SEPTEMBER 20, 1984 AS DOCUMENT
NO. 84-356821 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THAT CERTAIN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR ROADWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO PER DOCUMENT NO.
77-254853 RECORDED JUNE 27, 1977 AND LYING WITHIN SAID PARCEL 3.
CONTAINS 4350 SQUARE FEET MORE OR LESS.
RESERVING THEREFROM A PEDESTRIAN EASEMENT
EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
LSD SGT
PAUL
E. GOEBEL o
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LS 8486 PAUL E. GOEBEL, PLS 8486
PASCO LARET SUITER
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EXHIBIT "B"
VACATION PLAT/PEDESTRIAN EASEMENT
/ I
PARCEL 1
I
EXISTING IRREVOCABLE OFFER TO DEDICATE I PARCEL 2
FOR ROADWAY PURPOSES GRANTED TO
THE COUNTY OF SAN DIEGO PER DOC. NO.
77-254853 REC. JUNE 27, 1977.
I
I
� N 54°47'36"W 200.00'
30.00' 30.00' 170.00' 1
I 1
I
HATCH INDICATES AREA OF IRREVOCABLE
I 1
� OFFER TO DEDICATE TO BE VACATED AND 1
RESERVATION OF PEDESTRIAN ACCESS
EASEMENT 1 1
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° N 1
1
I W
PARCEL 3 �,-
w w PM 13491 N 1 1
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CENTERLINE OF EXISTING 30'WIDE EASEMENT FOR PIPELINES 1
I
AND INCIDENTAL PURPOSES GRANTED TO OLIVENHAIN
MUNICIPAL WATER DISTRICT PER DOC. NO. 77-218563
REC. JUNE 6, 1977. (NOT A PART OF THIS VACATION) 1
30.00' 30.00' 200.80'
N 54 047'36"W 230.80'
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PARCEL 1
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