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1994-402416 . ~c n 1994-0402416 AM 13 24-JUN-1994 10=57 Recording requested by: OFFICIAL f:ECDf:DS City of Encinitas SAN DIEGO COUNTY RECORDEf:' S OFFICE When recorded, mail to: Gf:EGOfti SMITH, COUNTY fECDf:DEf City Clerk FEES: ÜJ-C City of Encinitas 505 South Vulcan Ave. Encinitas, CA 92024 RESOLUTION NO. 94-44 A RESOLUTION OF THE CITY COUNCIL ,..r OF THE CITY OF ENCINITAS APPROVING A SUMMARY VACATION OF A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION ALONG RUBENSTEIN AVENUE WHEREAS, a request for vacation of Irrevocable Offers of Dedication has been requested by the City Council of the City of Encinitas; 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 this street has been reduced 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 this street; WHEREAS, this portion of this street has not been used for the purpose for which it was offered for dedication; WHEREAS, there are no other public facilities located within this portion of the Irrevocable Offer of Dedication; WHEREAS, on April 28, 1994, the Planning Commission made the finding that the requested Irrevocable Offer of Dedication vacation of a portion of Rubenstein Avenue is consistent with the City of Encinitas General Plan with respect to location, purpose, and extent; 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 as File/Page No. 90-113429 on March 2, 1990, in accordance with the following: 1. The proj ect as proposed is consistent with the City of Encinitas General Plan and General Circulation Element. RES4023 I .. ~.. .' SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 0] -14-88 as file/page No. 88-018582 subordinated to Irrevocable Offer to Dedicate Real property For public R/W Required As condition of Approval Of EN 446-89 ("DOCUMENT" hereinafter) ; Now, therefore, for valuable consideration, the receipt of which is hereby acknO\dedged, the undersigned BENEFICIARY OR TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Tru;7.I¿)~..ú.q>L 07,dk;tfl~~ /- ./,~,/)... .) ,(1./. 2 - J~- 9J vv,jvvv.<"'/' .,J..:~< .1A-.-~-,--- DATED BENEFICIARY OR TRUSTEE Q-\?J-90 By: bIO(ì~~ å~~~~ Title: S~::. :.,,:':'è1:..: ¡i:y Cc:':::!-;:Gè Ü:pj¡c; Marth IS, 1992 Signature of BENEFICIARY or trustee to be notarized. Attach the ~ appropriate acknowledgement. I certify on behalf of the city council of the city of Encinitas, pursuant to authority conferred by Resolution of said council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date 1.. ,'1-'" - CjV By W ~ ..f.1 ~ WARREN H. SHAFER, ci Manager city of Encinitas , -) TF/03/COVl-95wp5 (6-13-89) 5