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1994-402409 . :;j",,~ It . 4IÐC D 1994-0402409 2194 24-JUH-1994 10=57 AM Recording requested by: OFFICIAL RECOROS SAN OIEGO COIIITY RECORDER'S OFFICE City of Encinitas GREGORY S"ITH I COUHTY RECORDER When recorded, mail to: FEES: 0.00 City Clerk City of Encinitas ,\\, 505 South Vulcan Ave, Encinitas, CA 92024 \ RESOLUTION NO. 94-51 tJJelddel, f);dyÞJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS ;¡n7~ APPROVING A SUMMARY VACATION OF A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION ALONG PIRAEUS STREET AND NORMANDY ROAD 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 these streets have 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 these streets; WHEREAS, this portion of these streets have 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 Piraeus Street and Normandy Road 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, 89-514216 on September 25, 1989, in accordance with the following: 1. The project as proposed is consistent with the City of RES4030 - . . 2195 Encinitas General Plan and General Circulation Element, 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 ADOPTED this 8th day of June, 1994, by the following vote, to wit: AYES: Bond, Davis, Duvivier, Hano, Wiegand NAYS: None ABSENT: None ~~ G~il Hano, Mayor City of Encinitas ATTEST: I, E. JANE POOL, City Clerk of the City of Encinitas, California 0 ereby 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 and the Seal of the City of cinitas this 9 fir . 19..if:... RES4030 . ~ . . 2196 EXHIBIT " A" That portion of the North Half of the West Half of the Southeast Quarter of the Southeast Quarter of Section 4, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to Official plat thereof, lying within a 60,00 foot wide strip of land, the sidelines of said strip lying 18,00 feet Westerly of and 42,00 feet Easterly of the following described line: BEGINNING at the intersection of the construction centerline of piraeus Street and the centerline of Normandy Road as shown (Road Survey No, 704) as shown on Sheet 13 of 184 of State Highway Plans 11-SD-5, filed in the Office of the County Engineer of said San Diego County; thence South 14°40'22" East, 622,23 feet to the beginning of a tangent 2,000 foot radius curve, concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 10°19'38" a distance of 360,49 feet to the POINT OF TERMINUS, The sidelines of said strip of land shall be lengthened and/or shortened so as to terminate Northerly in a line that is 27.00 feet Southerly of and parallel with the centerline of Normandy Road as shown on Road Survey No. 704, filed in the Office of said County Engineer and to terminate Southerly in a line that bears North 65°00'00" East through the POINT OF TERMINUS, TOGETHER WITH that portion of Section 4 described above lying Northerly of a line that is 27,00 feet Southerly of and parallel with the centerline of said Normandy Road (Road Survey No, 704), ALSO TOGETHER WITH that portion of Section 4 described above lying Northwesterly of a 20.00 foot radius curve, concave Southeasterly, said curve being tangent with a line that is 42,00 feet Easterly of and parallel with the construction centerline of piraeus Street described above AND tangent with said line that is 27,00 feet Southerly of and parallel with the centerline of Normandy Road (Road Survey No, 704), ALSO 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 maintenance of said public right-of-way. EXCEPTING THEREFROM Road Survey No, 704, filed in the Office of the County Engineer in said San Diego County, ALSO EXCEPTING THEREFROM that portion of Section 4 described above lying Westerly of the following described line: Beginning at the Southeast corner of the South Half of the West Half of said Southeast Quarter of the Southeast Quarter, said corner being marked by a 5/8" iron pin having coordinates X- 1,681,165.98 feet and Y-328,472,69 feet; thence along the Easterly line of said South Half of the West Half, North 00°08'07" West RES4030 . . . . 2197 : 266,29 feet; thence leaving said Easterly line North 25°44'41" West, 140.97 feet; thence North 17°44'09" West, 350,89 feet; thence North 14°36'17" West 300,04 feet; thence North 15°56'27" West, 250,20 feet; thence North 46°00'20" East 60,00 feet to a point on the Northerly line of that parcel of land conveyed to Robert L, Downs, et al by deed recorded September 19, 1956, in Book 6263, Page 159 of Official Records filed in the Office of said County Recorder, said point being distant along said Northerly line North 89°00'31" West, 69.17 feet from the Northeasterly corner of said parcel conveyed to R,L, Downs, AND ALSO EXCEPTING THEREFROM that portion described in Deed to the State of California, recorded February 5, 1962, as Document No, 20482 of Official Records as follows: Beginning at the intersection of the Easterly line of Orpheus Avenue and the Southerly line of Normandy Road as shown on Road Survey No, 704 filed in the Office of the County Recorder of said County; thence along the Easterly line of said Orpheus Avenue, South 1°02'41" East 638,12 feet to the Southerly line of said parcel conveyed to R. L, Downs; thence along said Southerly line South 89°15'31" East 448.81 feet to the Southeasterly corner of said parcel conveyed to R. L, Downs; thence along the Easterly line of said parcel, North 0°08'07" West 183.36 feet; thence leaving said Easterly line North 14°36'17" West 177,20 feet; thence North 15°56'27" West 250,20 feet; thence North 46°00'20" East 60,00 feet to the Southerly line of Normandy Road as shown on said Road Survey No, 704; thence along said Southerly line North 89°00'31" West 389,80 feet to the point of beginning. RES4030