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1994-85231RecOrding requested by: City of Encinitas When recorded, mail to: City Clerk City of Encinitas 505 South Vulcan Ave. Encinitas, CA 92024 766 RESOLUTION NO. 93-86 ?OC 1994-008523! O-7-FEB-1994 !2:07 F'~ OFFICIAL RECORDS SAN DIEGO COUNTY RECOROER'S OFFICE ANNETTE EUANS, COUNTY RECORDER FEES: 0.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS APPROVING A SUMMARY VACATION OF A A PORTION OF WHISPER WIND DRIVE WHEREAS, a request for vacation of a portion of Whisper Wind Drive has been submitted by Cathy Horton; 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 Whisper Wind Drive has been ~educed 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 Whisper Wind Drive; WHEREAS, this portion of Whisper Wind Drive has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this proposed vacation; WHEREAS, there are no other public facilities located within the Dedication; WHEREAS, the public right-of-way 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 that portion of Whisper Wind Drive as shown on Exhibit "A" enclosed, 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 RES3734 3615VA 767 environmental review· There is no present or prospective public use for the right-of-way. 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 of further proof, in the office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED this 15th day of December, following vote, to wit: 1993, by the AYES: NAYS: None ABSENT: None Bond, Davis, Hano, 'Duvivier, Wiegand MayoZr City of Encinitas ATTEST: ~ LE. Jane Pool, 'City Clerk~' / %~ RES3734 3615VA ~, 'i JANE POOL, City Clerk of the City of Encinitas, California do hereby certify under penalty of perjury that the above - and foregoing is a true and correct copy of this document on file in my office. In witness whereof I have set my ham:l and th~eal of the Cit~O~ Encinitas this ..~~E. J-an~-Pool, City Clerk · 758 EXHIBIT "A" THAT PORTION OF WHISPERWIND DRIVE, FORMERLY 8TH STREET, COLONY OLIVENHAIN, ACCORDING TO MAP THEREOF NO 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 8, 1885, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF BLOCK 35 OF SAID MAP; THENCE NORTH 15°03'50'' EAST, ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID BLOCK 13.01 FEET TO A POINT WHICH LIES 13.00 FEET MEASURED AT RIGHT ANGLES THERETO THE NORTHERLY LINE OF SAID BLOCK; THENCE SOUTH 73°12'12'' EAST PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK 35 AND PARALLEL WITH THE SOUTHERLY LINE OF BLOCK 41 OF SAID MAP AS SHOWN ON RECORD OF SURVEY NO 13997 REC6RDED IN .- THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 3, 1992 AS DOCUMENT NO 92-777331 OFFICIAL RECORDS; A DISTANCE OF 74.12 FEET MORE OR LESS; THENCE SOUTH 15°03'50'' WEST 13.01 FEET TO A POINT WHICH IN THE NORTHERLY LINE OF SAID BLOCK 35, SAID POINT BEING THE NORTHWESTERLY CORNER OF THE EASTERLY 228.22 FEET OF SAID BLOCK 35; THENCE NORTH 73~12'12'' WEST, ALONG THE NORTHERLY LINE OF SAID BLOCK 35 A DISTANCE OF 74.12 FEET MORE OR LESS TO THE POINT OF BEGINNING. ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED, THEREBY MADE A PART OF THIS BY REFERENCE. 769 6XttlL~ I T "L~ " PLA T FOt~ 5TR ££ T