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1994-402408 . . tIOC " 1994-0402408 .' 2191 24-JUH-1994 10=57 AM Recording requested by: OFFICIAL RECOROS City of Encinitas SAM OIEGO COUNTY RECORDER'S OFFICE When recorded, mail to: GREGORY smH, COUHTY RECORDER City Clerk O,~ FEES: 0.00 City of Encinitas '~i 505 South Vulcan Ave, ,\ 'I Encinitas, CA 92024 ' RESOLUTION NO. 94-52 I)}II~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS APPROVING A SUMMARY VACATION OF ;m(p1 A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION ALONG ORPHEUS 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 Orpheus 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, 89-384940 on July 21, 1989, in accordance with the following: 1. The project as proposed is consistent with the City of Encinitas General Plan and General Circulation Element, RES4031 , . ' . .192 2. The proj ect as proposed is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15061 (b) (3) . 3. There is no present or prospective public use for this portion of the Irrevocable Offer of Dedication, RESERVING AND EXCEPTING therefrom an Irrevocable Offer of Dedication for public right-of-way as described on Exhibit "A" enclosed, 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 ADOP,TED this 8th day of June, 1994, by the following vote, to wit: AYES: Bond, Davis, Duvivier, Hano, Wiegand NAYS: None ABSENT: None L~ G~l Hano, Mayor City of Encinitas ATTEST: ~ , JANE POOl.. CIty Clerk of the CIty of EncInIt88. Cellfomle do heI'8bv certify under penalty of perjury that the above Ind foregoing 18 I true end correct copy of thl8 document on file in my office. In witnes8 whereof I hive set my hand and the Seal of the City of Encinitas this ~dàYOf .19~ ;;---- ~ F,. ("" Clerk RES4031 '. " . 8¿193 . , " . EXHIBIT "A" That portion of the following described property, lying Westerly of a line that is 27.00 feet Easterly of and parallel and concentric with the centerline of Glaucus Street as shown on Map No. 1788, filed in the Office of the County Recorder of San Diego County on March 29, 1924, All that part of that portion of Lot 1 in Block "K" of South Coast Park Annex, in the County of San Diego, State of California, according to Map thereof No, 1788, filed in the Office of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of said Lot 1; thence along the Easterly line of said Lot, North 8°16'09" West 243.49 feet; thence North 11°56'04" West 300.25 feet; thence North 30°56'26" West 152.07 feet; thence North 25°56'14" West 124.27 feet to the Northwesterly line of said portion of Lot 1 conveyed to Norman D. Clark by deed recorded November 22, 1948 in Book 3024, Page 291 of Official Records; thence along said line, South 56 ° 54' 35" West 33,03 feet to the TRUE POINT OF BEGINNING; thence leaving said Northwesterly line South 14°45'04" East 230.05 feet; thence South 6°31'30" East 201,56 feet; thence South 76°21'00" West 17,09 feet to the Southwesterly line of said Lot 1; thence Northerly along said Southwesterly line to the Northwesterly corner of the land described in deed to said Clark, recorded March 20, 1962 as Document No, 46589 of Official Records; thence along the boundary of said land North 63°48'22" East 166.00 feet and South 14°45'04" East 30.00 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the above described public right-of-way where required for the construction and maint~nance of said public right-of-way. RES4031