1989-84894 RESOLUTION 88-82
RESOLUTION NO. 88-82 02/17/89- 1989-84894
ORIGINAL DOC. LOST
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS, CALIFORNIA
VACATING "C" STREET, SOUTH OF 13TH STREET
AND ADJACENT TO PROPERTY LOCATED AT THE
NORTHWEST CORNER OF 13TH STREET & "C" STREET IN
THE COMMUNITY OF OLIVENHAIN
WHEREAS, proposed vacation 88-157 has been submitted
relating to portions'of the existing "C" Street south of 13th
Street.
WHEREAS, the City Council on the 24th day of August, 1988
adopted Resolution Number 88-78 expressing an intention to
vacate the portions of easements as shown on Attachment "A";
WHEREAS, the public has been given proper notice of the
hearing on the vacation and all desiring to be heard have been
heard.
NOW THEREFORE BE IT RESOLVED, by the City Council of the
city of Encinitas that the proposed right-of-way vacation shown
on Attachment "A" is hereby accepted for vacating, subject to
an easement being reserved therein for public utility purposes
and the following finding in support of the referenced vacation
is made:
1.
The vacation is exempt from Environmental Review
pursuant to Section 153 12 of California
Environmental Quality Act because the land does not
have significant value for wildlife habitat or other
environmental purposes and the property is of such
size, shape, or inaccessibility that it is incapable
of independent development or use.
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2. The portion of road being vacated is unnecessary for
present or prospective public use as a travelled way
because the land is of such size and shape that it is
incapable of independent development or use and
pedestrians, automobiles and equestrians have access
over nearby easements for access and recreation
purposes.
BE IT FURTHER RESOLVED that the City Manager is authorized
to execute any necessary documents, including, but not limited
to, deeds to transfe~ an interest in the vacated rights-of-way
to the person or persons having an interest in the property as
proven to the satisfaction of the city Manager by certified
Title Reports furnished by the applicant or claimant.
PASSED AND ADOPTED this 14th day of September 1988, by the
following vote, to wit:
AYES;
Gaines, Luke, Omsted, Shea, Steel
NAYS: None
ABSTAIN: None
ABSENT: None
RICHARD P. SHEA, Mayor of
the city of Encinitas
California
ATTEST:
j city Clerk
Ee
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