1994-402415
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þ 10 24-JUH-1994 10=57 AM
Recording requested by: OFFICIAL RECOROS
City of Encinitas SAH DIEGO COUHTY RECORDER'S OFFICE
When recorded, mail to: GREGORY SMITH, CDUHTY RECORDER
City Clerk ,\ \ FEES: 0.00
City of Encinitas
505 South Vulcan Ave. I \
Encinitas, CA 92024
RESOLUTION NO, 94-45
A RESOLUTION OF THE CITY COUNCIL
?;!lfJ(r1~ OF THE CITY OF ENCINITAS
APPROVING A SUMMARY VACATION OF
)°1/2, A PORTION OF AN
r< ¡ IRREVOCABLE OFFER OF DEDICATION
ALONG OXFORD AVENUE AND DUBLIN DRIVE
WHEREAS, a request for vacation of Irrevocable Offers of Dedication
has been requested by the City Council of the City of Encinitas;
WHEREAS, the vacation proceedings were conducted under Chapter 4,
Part 3, of the State of California Streets and Highways Code;
WHEREAS, the ultimate width of these streets have been reduced'by
the adoption of the General Circulation Element by the City
Council;
WHEREAS, this vacation will not cut off any access to any person's
property which, prior to reduction, adjoined these streets;
WHEREAS, this portion of these streets have not been used for the
purpose for which it was offered for dedication;
WHEREAS, there are no other public facilities located within this
portion of the Irrevocable Offer of Dedication;
WHEREAS, on April 28, 1994, the Planning Commission made the
finding that the requested Irrevocable Offer of Dedication vacation
of a portion of Oxford Avenue and Dublin Drive is consistent with
the City of Encinitas General Plan with respect to location,
purpose, and extent;
WHEREAS, the Irrevocable Offer of Dedication lies within property
under one ownership and does not continue through such ownership or
end touching property of another;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Encinitas approves a summary vacation of the Irrevocable Offer of
Dedication recorded as File/Page No. 88-636335 on December 12,
1988, in accordance with the following:
1. The project as proposed is consistent with the City of
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Encinitas General Plan and General Circulation Element.
2. The project as proposed is exempt from environmental
review pursuant to the California Environmental Quality
Act Guidelines, Section 15061 (b) (3) .
3, There is no present or prospective public 'use for this
portion of the Irrevocable Offer of Dedication.
RESERVING AND EXCEPTING therefrom an Irrevocable Offer of
Dedication for public right-of-way as described on Exhibit "A"
enclosed,
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 8th day of June, 1994, by the following
vote, to wit:
AYES: Bond, Davis, Duvivier, Rano, Wiegand
NAYS: None
ABSENT: None ~
Gái1 Hano, Mayor
City of Encinitas
ATTEST:
.. E.JANE POOL CIty Clerlt ofthe City of Encinitas. California
certify under penalty of perjury that the above
and foregoing 18 a true and correct copy of this document
on file In my office. In witness whereof I have set my hand
and the SeIII of the City of Enclnitas this
qlf¿ ,19-i£-
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EXHIBIT "A"
That portion of Lot 25 in Block 13 of Cardiff, in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No. 1298, filed in the Office of the County Recorder of
San Diego County, November 14, ;L910, described as follows:
Lying Southwesterly of a 20,00 foot radius curve, concave
Northeasterly, said curve being tangent to a line 5.00 feet
Easterly and parallel with the Westerly line of said Lot 25 AND
5.00 feet Northerly of and parallel with the Southerly line of said
Lot 25,
TOGETHER WITH the privilege and right to extend drainage structures
,and excavation and embankment slopes beyond the limits of the above
described public right-of-way where required for the construction
and maintenance of said public right-of-way.
RES4024