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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. fEssh' z Lu No.29577 3.31.5's 4~° OF C 3 4 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. Q~OFESSli A. p9 <<ey ro29577 J>9 (l V 1~- ~~Q► (IF CAL1F~~ ~9~ EXHIBIT 11C" 36 N 15°44' 04"W 3.00' 10-201 1 26' I DDT 8 w 0 V) • ~ N N w u w Q U1 t(1 0 n n Z Z 4J 0.89°59' 48", R-2Q00', L=31.41' N A N Z N15°44'04"W 57.00' N 15°44' 04"W 80.00' 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