1994-402418• 19
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Recording C
requested by:
City of Encinitas -Tr L _ ! r-
When recorded, mail to:
City Clerk
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
RESOLUTION NO. 94-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
APPROVING A SUMMARY VACATION OF
A PORTION OF
IRREVOCABLE OFFERS OF DEDICATION
ALONG ARDEN DRIVE AND REQUEZA 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 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 Offers of Dedication;
WHEREAS, on April 28, 1994, the Planning Commission made the
finding that the requested Irrevocable Offers of Dedication
vacation of a portion of Arden Drive and Requeza Street is
consistent with the City of Encinitas General Plan with respect to
location, purpose, and extent;
WHEREAS, the Irrevocable Offers 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 Offers of
Dedication recorded as File/Page No. 90-027005 on January 17, 1990,
in accordance with the following:
1. The project as proposed is consistent with the City of
RES4021
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Encinitas General Plan and General Circulation Element.
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 Offers 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
Ga Hano, Mayor
City of Encinitas
ATTEST:
1, E. JANE POOL, City Clerk of the City of Encinitas, California
do hereby certify under penalty of perjury that the above
E. J e Pool, City Clerk 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 o~Encinitas this
L..~ ` day of t~19 {
E. Mane Fool. City Clerk
RES4021
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EXHIBIT "A"
The Northerly 10.00 feet of the following described property
TOGETHER WITH that portion lying Northwesterly of a 20.00 foot
radius curve, concave Southeasterly, said curve being tangent to a
line that is 30.00 feet Southerly of and parallel with the
centerline of Requeza Street as shown on Encinitas Highlands, in
the City of Encinitas, County of San Diego, State of California,
_according to Map thereof No. 2141, filed in the Office of the
County Recorder of San Diego County, December 4, 1928 AND tangent
to a line 25.00 feet Easterly of and parallel with the centerline
of Arden Drive as shown on said map No. 2141:
Lot 11, Block E of Encinitas Highlands, as shown on said Map No.
2141;
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 that portion described as follows:
Beginning at the Southwesterly corner of said Lot 11; thence
Easterly along the Southerly line of said Lot 11 to the
Southeasterly corner of said Lot 11; thence Northerly along the
Easterly line of said Lot 11, 58.00 feet; thence Westerly along a
line parallel with the Southerly line of said Lot 11 to a point in
the Westerly line of Lot 11; thence Southerly along the Westerly
line of Lot 11, 58.00 feet to the Southwesterly corner and point of
beginning.
RES4021
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