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2000-160599 Recording Requested by: City of Encinitas OFFi~I~L City Clerk FEES: City of Encinitas Encinitas, CA 92024 For the banefit of the City SPACE ~ 2ooo-ot~.~ USE ONLY 26~_ 222_ 2~2~26~ 26~-22~-2~2~ RESOLUTION NO. 2000-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF THE EXISTING IRREVOCABLE OFFERS OF DEDICATION FOR PUBLIC ROADWAY PURPOSES ON COPPER CREST ROAD, WISHBONE WAY, AND DUSTY TRAIL, AND RESERVING THEREFROM PUBLIC UTILITY AND RECREATIONAL TRAIL EASEMENTS OVER THE FULL WIDTH OF ALL SAID IRREVOCABLE OFFERS OF DEDICATION. WHEREAS, The Copper Crest Road Maintenance Association made an application to vacate the existing Irrevocable Offers of Dedication for Public Roadway Purposes on Copper Crest Road, Wishbone Way, and Dusty Trail, as dedicated per various documents of record. WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of California Streets and Highway Code, and WHEREAS, On November 18, 1999 city staff distributed notices to residents within 300 feet of the proposed vacation and to all public utility companies, and city staff received one notice from an affected utility company requesting a reservation of public utility easement and RES6335.doc VA63345 tco 2/1/2000 W~EREAS, the Cardiff Sanitation District and the Leucadia County Water District have requested reservations of easement rights for access and future sewer improvements. W~EREAS, the City Council of the City of Encinitas on February 9, 2000, heard all persons interested in the proposed vacation at 6:30 p.m. in the City of Encinitas Council Chambers, 505 South Vulcan Avenue, Encinitas, CA 92024; and NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas, approves summary vacation of the existing Irrevocable Offers of Dedication for right-of-way on Copper Crest Road, Wishbone Way, and Dusty Trail, as recorded per the following documents: Document No. 76-191854, recorded June 21, 1976, Document No. 75-253166 recorded September 17, 1975, Document No. 79-021374 recorded January 15, 1979, Document No. 79-058575 recorded February 7, 1979, Document No. 79-191206 recorded May 9, 1979, Document No. 81-049350 recorded February 18, 1981, and the Offer of Dedication for public road purposes on Parcel Map No. 12795 recorded July 7, 1983 excepting and reserving, a public utility easement, and recreational trail easement consistent with a duly adopted Master Trails Plan, over the full width of the vacated IODs, in accordance with the following: 1. The Project as proposed is consistent with the City of Encinitas General Plan and General Circulation Element. 2. The project as proposed complies with the California Environmental Quality Act since it is exempt from environmental review. 3, There is no present or prospective public use for the right-of-way. I, Deborah Cer~me. Glty Clerk d the Ciiy d Encif~tas. ~s ~m ~ f~ ~ my ~. In w~ w~, I~my~of~d E~ RES6335.doc VA63345 tco 2/1/2000 3799 BE IT ALSO RESOLVED that the City Clerk of the City of Encinitas shall cause a certified copy of the Resolution of Vacation, attested by the Clerk under seal, to be recorded without acknowledgement or further proof, in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED this 9th day of February, 2000, by the following vote, to wit: AYES: Cameron, Guerin, Holz. NAYS: None. ABSENT: Bond, DuVivier. ABSTAIN: None. City of Encinitas ATTEST: ~eborah Cervon~, City Clerk ~ RES6335.doc VA63345 tco 2/1/2000 3800 IEXHIBIT A ¢5¥-~".. , PROPOSED STREET~ _ VACATION:~, · t WI SHBONE ' ~ ¢ x,, COUNT~ Summa~ Vacation of Existing IODs over Copper Crest Road and Dus~ Trail