1994-402412
¡
.J . tIC " 1994-0402412
Recording requested by: 1 24-JUH-1994 10=57 AM
I City of Encinitas
When recorded, mail to: OFFICIAL RECORDS
City Clerk SAH DIEGD COUHTY RECORDER'S OFFICE
City of Encinitas GREGORY SMITH! COUHTY RECDRDER
505 South Vulcan Ave. FEES: 0.00
Encinitas, CA 92024 \
RESOLUTION NO. 94-48
"
5+éUÞ¡ ,f A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
, APPROVING A SUMMARY VACATION OF
;)0r5YY; A PORTION OF AN
IRREVOCABLE OFFER OF DEDICATION
ALONG JUPITER STREET
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 Jupiter Street 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. 89-659688 on December 6,1989,
in accordance with the following:
1. The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
RES4027
. .f . .2
2. The project 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 "An
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 ~
Gai~ Hano, Mayor
City of Encinitas
ATTEST:
I. E. JANE POOL. City Clerk of the City of Encinitas. California
do 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
and the Seef of the City f Encinitas this
9# day of ,19 {'I
,~
RES4027
)
.
'. .J . ,
EXHIBIT "A"
That portion of the Southerly 80.00 feet (measured along the
Easterly and Westerly lines thereof) of Lot 9 in Block 3 of South
Coast Park No. 4, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 2049, filed in
the Office of the County Recorder of San Diego County, July 26,
1927, lying Southerly of a line that is 28.00 feet Northerly of and
parallel with the centerline of Jupiter Street as shown on said Map
No. 2049.
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 the Westerly 20 feet thereof.
RES4027
~