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1999-245181Recording Requested by: City of Encinitas When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City ?\juaN: 258-231-51 ) ) ) ) ) ) ) ) APR 15 .~ 19~99 9 ~ .~5 ~qi'~,~i OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE C~EGORY j. S~ITH, COUntY REORDER FEES: 0.00 1999-0245181 SPACE ABOVE FOR RECORDER'S USE ONLY RESOLUTION NO. 99-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF A PORTION OF THE IRREVOCABLE OFFER OF DEDICATION ON SOUTHEAST CORNER OF CORNISH DRIVE AND REQUEZA STREET. WHEREAS, Keith W. Wagner made an application to vacate a portion of the Irrevocable Offer of Dedication on Cornish Drive and Requeza Street granted per document no. 86-336267 recorded August 7, 1986; and WHEREAS, the vacation proceedings are conducted under Chapter 4 of Part 3 of the State of California Streets and Highway Code, and WHEREAS, On September 28, 1998, city staff distributed notices to residents within 300 feet of the proposed vacation and to all public utility companies, and WHEREAS, the City Council of the City of Encinitas on March 17, 1999, heard all persons interested in the proposed vacation at 6:00 p.m. in the City of Encinitas Council Chambers, 505 South Vulcan Avenue, Encinitas, CA 92024; and NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas, has adopted the resolution to summarily vacate a portion of the Irrevocable Offer of Dedication on Cornish Drive and Requeza Street said lands were granted per document: Doc. No.86-336267 Recorded 08-7-1986, For a complete description of the proposed vacation, see Exhibit 'A' and Exhibit 'B' which are incorporated herein by reference. RES6060.doc VA5731 jlr 03-03-1999 2936 in accordance with the following: The Project as proposed is consistent with the City of Encinitas General Plan and General Circulation Element. o The project as proposed complies with the California Environmental Quality Act since it is exempt form environmental review. o There is no present or prospective public use for the right-of-way. PASSED AND ADOPTED this 24th day of March, 1999, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Bond, Cameron, DuVivier, Guerin, Holz None None None ATTEST: D~borah Cervon~, City Clerk Sheila Cameron, Mayor City of Encinitas I, Deborah Cewone, City Clerk o! the City of Encinltas, California do h~mby om'lily mx~r mmalty of pmiury tim t~e a~ove and fo~ b a tree aed coe. c~ copy d Ibis document Im file ~ n~j office. In wllness ~he~, RES6060.doc VA5731 jlr 03-03-1999 Exhibit "A" Legal Description 2937 Area of Proposed Vacation of Portion of IOD: Beginning at the Southwest corner of Lot 11, Block K, of City of Encinitas Highlands, in the City of Encinitas, County of San Diego, State of California, according to Map thereof no. 2141, filed in the office of the County Recorder, County of San Diego, December 4, 1928, thence N 0° 30' 00" W, a distance of 58.00' to the True Point of Beginning, thence N 89° 30' 00" E, a distance of 5.00' to a point on a 20' radius curve concave southeasterly, a radial line to said 20' radius curve being N 890 30' 00" E, thence northeasterly along the arc of said 20' radius curve through a central angle of 113° 06' 34", a distance of 39.48' intersecting with a tangent 333.72' radius curve, concave northeasterly, thence east along the arc, said 333.72' radius curve through a central angle of 22° 12' 04", a distance of 129.31' to the northwest corner of said Lot 11, thence S 89° 35" 30" E, a distance of .24' to a point on a 1255.42' radius curve concave northeasterly, thence west along the am of said curve through a central angle of 5° 47' 26", a distance of 126.88', to a point on a 20' radius curve a concave southeasterly, thence southwest along the arc of said 20' radius curve, a distance of 39.48', thence S 0° 30" 00" E 40.46', thence N 89° 58" 46" E, a distance of 10.00' to the True Point of Beginning. Existing IOD per..~ doc. 86-336267 rec. 8/711986 Lot 11, BLK K Map No. 2141 EXHIBIT #B# VACATION OF OFFER 'OF Requeza Street /~ =22"12'4" R = 333.72' L = 129.31' ' ' - - N 89" 35' 30" W 0.24' .~ = 5° 47' 26' R - 1255,42' ' L :' 126.68' De~l A No scale IRREVOCABLE DEDICATION 2938 Vicinity Map Legend ~ Portion oflOD vacated heron 5731 VA