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,
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, . ' . .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