1994-402409
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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
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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
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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:...
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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
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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.
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