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2000-399785DOC. 2000-0399785 Recording 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 JUL 28.., 2000 8:59 375 0 SPA OFFIOI~ REOI]RI~ I)IF.I~O COIJNTY REI~ROER'8 OFFICE J. SMITH, OOIJNTY REOOROER FEES: 0.00 2000-0399785 USE ONLY APN: 259-320-02 RESOLUTION NO. 2000-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF A PORTION OF OAKCREST PARK DRIVE. WHEREAS, The City of Encinitas made an application to vacate a portion of Oakcrest Park Drive as dedicated for County Highway purposes per Resolution No. 40 by the County Board of Supervisors on September 15, 1981, 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 May 8, 2000 city staff distributed notices to residents within 300 feet of the proposed vacation and to all public utility companies, and city staff received no objections to the proposed vacation, and WHEREAS, the City of Encinitas has relocated a portion Oakcrest Park Drive, and WHEREAS, the City Council of the City of Encinitas on June 21, 2000, heard all persons interested in the proposed vacation at 6:30 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, approves the summary vacation of a portion of Oakcrest Park Drive as described in Exhibits 'A' and '8' in accordance with the following: Ar6425 bak 6-06-00 3751 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. o 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 or further proof, in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. PASSED AND ADOPTED this 21st day of June, 2000, by the following vote, to wit: AYES: Bond, Cameron, DuVivier, Guerin, Holz. NAYS: None. ABSENT: None. ABSTAIN: None. ATTEST: ~eborah Cervo~e, City Clerk"- City of Encinitas I, Deborah Cervone, City Clerk o! Calilomia do hereby certify undar the above and foregoing is a true a~l co.~ cow of this documnl on ille in my olflce. I~ ~/i~r~ess whered, I I~ set my land ad the Seal of ~ City of Enci~as _day Ar6425 bak 6-06-00 3752 EXHIBIT "A" LEGAL DESCRIPTION APN: 259-320-02 ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL NO. 81-0698-A1 DEDICATED FOR COUNTY HIGHWAY PURPOSES BY COUNTY RESOLUTION NO. 40 DATED SEPTEMBER 15, 1981 LYING EASTERLY OF A LINE WHICH IS PARALLEL WITH AND 42.00 FEET EASTERLY OF, MEASURED AT RIGHT ANGLES FROM, THE CENTERLINE OF BALOUR DRIVE AS SHOWN ON RECORD OF SURVEY MAP NO. 16547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APRIL 14, 2000 AND LYING NORTHERLY OF THE NORTHERLY LINE OF THE PROPOSED FUTURE RIGHT OF WAY PER CITY OF ENCINITAS IMPROVEMENT PLANS, DRAWING 5891-1 SHEET C4.4 ACCORDING TO SAID RECORD OF SURVEY NO. 16547. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, IS A PLAT LABELED EXHIBIT 'B". THIS REAL PROPERTY DESCRIPTION AND PLAT HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE LICENSED (.AND S~fEYOR DATE ~./~g/'~ ~ PAGE I of 1 C:\My Documents\MSword\lgl\OAKCRESTPKDRVAC,doc