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
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