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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. BW/04/CM8-1103WP (9-7-88-1) Book 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 BW/04/CM8-1103WP (9-7-88-1) Book