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