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1990-677625 RESOLUTION 90-27 12~ 1/90 - 1990-677625 O~G~AL DOC. LOST RESOLUTION NO. 90-27 A RESOLUTION OF THE CITY COUNCi~ OF THE CITY OF ENCINITAS APPROVING A SUMMARY VACATION OF AN IRREVOCABLE OFFER OF DEDICATION NORTHEASTERLY OF LONE HILL LANE AND. LONE JACK ROAD WHEREAS, a request for vacation of an Irrevocable Offer of Dedication Northeasterly of Lone Hill Lane and Lone Jack Road has been submitted by Mike Rust of Barratt American, Inc.; and WHEREAS, the location of the Irrevocable Offer of Dedication will be superseded by relocation with the approval of Tentative Map No. 4400; and WHEREAS, this vacation will not cut off access to any person's property; and WHEREAS, the Irrevocable Offer of Dedication has not been used for the purpose for which it has been dedicated or acquired nor has any public money been spent for the construction or maintenance of the public street for five consecutive years immediately preceding this proposed vacation; and WHEREAS, there are no other public facilities located within the Irrevocable Offer of Dedication; and TF/O4/CRO7-542WP5 (5-16-90) 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 on September 17, 1979 as File/Page No. 79-388815 in the Office of the County Recorder of San Diego County (see Exhibit "A," "B," and "C"), in accordance with the following: The project as proposed is consistent with the City of Encinitas' General Plan and General Circulation Element. The project as proposed complies with the California Environmental Quality Act since it is exempt from environmental review. There is no present or prospective public use for the Irrevocable Offer of Dedication, 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, certificate of acknowledgement of further proof, in the Office of the County Recorder of San Diego County. Upon such recordation, the vacation process shall be deemed complete. TF/04/CRO7-542WP5 (5-16-90) day of JUNE , PASSED AND ADOPTED this 27th 1990, by the following vote, to wit: AYES: NAYS: None ABSENT: Shea ABSTAIN: None Gaines, Hano, Omsted, Slater ~Famela Slate]~, Mayor of City of Encinitas ATTEST: E. J ' Clerk TF/O4/CRO7-542WP5 (5-16-90) EXHIBIT "A" April 23, 1990 W.O. 6-8012 LEGAL DESCRIPTION A STRIP OF LAND ACROSS A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP ]3, SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. SAID STRIP AS DESCRIBED PER DOCUMENT RECORDED SEPTEMBER 17, 1979 AT FILE/PAGE 79- 388815 AT THE OFFICE OF THE COUNTRY RECORDER OF SAID COUNTY. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 79-0733-A THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP ]3 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, INCLUDED IN THAT LAND DESCRIBED IN PARCELS lA AND lB OF DEED TO RANCHO OLIVEHAIN ESTATES RECORDED NOVEMBER 29, 1978 AS FILE/PAGE NO. 78-513311 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WITHIN THAT 60.00 FOOT WIDE STRIP OF LAND DESCRIBED IN PARCEL 4A OF SAID DEED RECORDED AS FILE/PAGE NO. 78-513311. LEGALS~6-8012.9 Book EXHIBIT "B" LONE HILL LANE 42. J31 A~'..GROSS .',~:., ~.531/,,A~//N ET... ~ .:2-?~' , '/ ,,<~: LONE PARE 42.35..0/AC, C~OSS 39.156 AC. NE7 · ~..j~, :~.;r:'" . % Book ' Page#- ff~ -- EXHIBIT "C" 1490' O0'O0"E