1992-24631 I
Pjecording Requested by:
City of Encinitas
331
When Recorded, Mail to:
City Engineer
City of Encinitas
527 Encinitas Blvd.
Encinitas, CA. 92024
RESOLUTION NO. 92-02 cl
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
RESCINDING RESOLUTION NO. 91-50 AND
ACCEPTING A PORTION OF AN IRREVOCABLE
OFFER OF DEDICATION FOR PUBLIC RIGHT-OF-WAY
AND SUMMARILY VACATING THE REMAINDER OF THE
IRREVOCABLE OFFER OF DEDICATION
(LOCATED AT SOUTHEAST CORNER OF GLAUCUS STREET
AND VULCAN AVENUE)
WHEREAS, a request for the summary vacation of an Irrevocable
Offer of Dedication located at the southeast corner of Glaucus
Street and Vulcan Avenue has been submitted by Wayne Pasco of Pasco
Engineering on behalf of Robert Mack;
WHEREAS, the required public right-of-way for Glaucus Street
and Vulcan Avenue 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 a
person's property adjoining Glaucus Street or Vulcan Avenue;
WHEREAS, the Irrevocable Offer of Dedication 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 Irrevocable Offer of Dedication lies within
property under one ownership and does not continue through such
ownership or end touching property of another;
WHEREAS, the City Council intially adopted Resolution No. 91-
50, summarily vacating the above described Irrevocable Offer of
Dedication on July 10, 1991;
WHEREAS, Robert Mack was required to dedicate public right-of-
way over a lesser width along Glaucus Street and Vulcan Avenue as
part of his Tentative Parcel Map No. 90-095 requirements;
WHEREAS, the holder of a Deed of Trust on his property would
not join in the dedication of the public right-of-way along Glaucus
Street and Vulcan Avenue;
WHEREAS, the City did not record Resolution No. 91-50 thereby
completing the summary vacation;
WHEREAS, Robert Mack has requested that the City Council
rescind Resolution No. 91-50, accept a portion of the Irrevocable
Offer of Dedication and summarily vacate the remainder of the same
Irrevocable Offer of Dedication thereby eliminating the need for
the Deed of Trust holder to sign the Tentative Parcel Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Encinitas rescinds Resolution No. 91-50 and accepts that
portion of the Irrevocable Offer of Dedication recorded November 1,
1984 as File/Page No. 84-413437, described in Exhibit "A" and
summarily vacates that portion of the same Irrevocable Offer of
Dedication adescribed in Exhibit "B" (both the acceptance and the
vacation are shown on Exhibit "C"), in accordance with the
following:
1. The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
2. The Project as proposed complies with the California
Environmental Quality Act since it is exempt from
environmental review.
3. There is no present or prospective public use for the
portion of the Irrevocable Offer of Dedication being
vacated.
PASSED AND ADOPTED this 8th day of January, 1992, by the
following vote, to wit:
AYES: Davis, Hano, Omsted, Slater, Wiegand
NAYS: None
ABSTAIN: None
ABSENT: None
Maura Wiegand, M or
City of Encinitas
ATTEST: )A ,'E POOL, City Clerk of the City of Encinitas. Callf0mia
rlo 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 hand
E. J e Pool, City Clerk and the Seal of the City of Encinitas this
day of . '!9
i'
E. Jane Pool, City Clerk
3 3
EXHIBIT A
ACCEPTANCE OF A PORTION OF IRREVOCABLE OFFER OF DEDICATION FOR
PUBLIC ROADWAY
THAT PORTION OF THE IRREVOCABLE OFFER OF DEDICATION PER DOUCMENT
RECORDED NOVEMBER 1, 1984 AS FILE NO. 84-413473 DESCRIBED AS
FOLLOWS:
THE NORTHERLY 3.00 FEET AND THE WESTERLY 10.00 FEET OF LOT 18, IN
BLOCK 1 OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1776, FILED TN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON JANUARY il, 1924.
TOGETHER WITH THAT PORTION OF SAID LOT 18 LYING NORTHWESTERLY OF
THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID
CURVE BEING TANGENT TO BOTH THE SOUTH LINE OF SAID NORTHERLY 3.00
FEET AND THE EAST LINE OF SAID WESTERLY 10.00 FEET.
EXCEPTING THE EASTERLY 75.00 FEET OF SAID LOT 18.
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EXHIBIT B
VACATION OF A PORTION OF IRREVOCABLE OFFER OF DEDICATION
A VACATION OF A PORTION OF THE IRREVOCABLE OFFER OF DEDICATION
PER DOCUMENT RECORDED NOVEMBER 1, 1984 AS FILE NO. 84-413473
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THE NORTHERLY 3.00 FEET AND THE WESTERLY 10.00 FEET OF LOT 18, IN
BLOCK 1 OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON JANUARY IV, 1924.
TOGETHER WITH THAT PORTION OF SAID LOT 18 LYING NORTHWESTERLY OF
THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID
CURVE BEING TANGENT TO BOTH THE SOUTH LINE OF SAID NORTHERLY 3.00
FEET AND THE EAST LINE OF SAID WESTERLY 10.00 FEET.
EXCEPTING THE EASTERLY 75.00 FEET OF SAID LOT 18.
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VULCAN AVENUE
® INDICATES PORTION OF IRREVOCABLE OFFER TO DEDICATE
PER DOC #84-413473, REC NOV.1,1984.ACCEPTED.
INDICATES PORTION OF IRREVOCABLE OFFER TO DEDICATE
PER DOC #84-413473, REC NOV.1,1984.VACATED.-
PASCO ENGINEERING
(619) 259.8212
535 NO. HIGHWAY 101
SOLANA BEACH, CA 92075
PE 400