1994-402419
" . 22 tIC U 1994-0402419
24-JUH-1994 10:~7 AM
Recording requested by:
City of Encinitas
When recorded, mail to:
City Clerk 0.00
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
RESOLUTION NO. 94-41
1 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
APPROVING A SUMMARY VACATION OF
A PORTION OF
IRREVOCABLE OFFERS OF DEDICATION
ALONG HYGEIA AVENUE AND GLAUCUS 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 Hygeia Avenue and Glaucus 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. 88-378158 and 88c378161 on
August 2, 1988, in accordance with the following:
1. The project as proposed is consistent with the City of
RES4020
II
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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 150.61 (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 #X-ø
Gail/Hano, Mayor
City of Encinitas
ATTEST:
C,1\' :>"'k ot the City of Encinitas. California
"nder penalty of perjury that the above
". .3 Ulle and correct copy of this document
'nv ,'tlice, In witness whereof I have set my hand
:1", Ci,,! Encinitas this
'¡ ,19..,LL
- ----------- /
E- Jane Pool, City Clerk
RES4020
II
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24
EXHIBIT "A"
That portion of the following described property, lying Westerly of
a line 28.00 feet Easterly of and parallel with the centerline of
Glaucus street as shown on South Coast Park, in the County of San
Diego, state of California, according to Map thereof No. 1776,
filed in the Office of the Recorder of San Diego County, January
11, 1924 AND that portion lying Westerly of a 20.00 foot radius
curve, concave easterly, said curve being tangent to said line
28.00 feet Easterly of the centerline of Glaucus Street AND tangent
to a line 25.00 feet Easterly of and parallel with the centerline
of Hygeia Avenue as shown on said Map No. 1776:
A portion of Lot 8 in Block 8 of South Coast Park as shown on said
Map No. 1776, described as follows:
Beginning at a point in the Northwesterly line of said Lot 8, said
point being South 16°11'30" West 191.51 feet from the Northwesterly
corner of Said Lot 8; thence continuing South 16'11'30" West along
said Northwesterly line 16.15 feet to an angle point at the
intersection of Hygeia Avenue and Glaucus Street; thence South
15°43'30" East along the Southwesterly line of said Lot 8 192.85
feet, more or less to a point, said point being North 15'43'30"
West 50 feet from the Southwesterly corner of said Lot 8; thence
North 74'16'30" East along a line parallel with the Southerly line
of said Lot 8 and 50 feet, measured at right angles, Northerly
therefrom 301.02 feet to a point in the Northeasterly line of said
Lot 8; thence North 15 ° 43'30" West along the said Northeasterly
line 130.27 feet, more or less to a point, said point being South
15'43'30" East 119.73 feet from the Northeasterly corner of said
Lot 8, and being the most Easterly corner of the land conveyed to
Eleanor B. McLaughlin by deed recorded January 18, 1954 as Document
No. 6443 in Book 5114, page 202 of Official Records, in the
Recorder's Office of said San Diego County; thence along the
Southerly line of said McLaughlin land as follows: South 74'16'30"
West 60.05 feet; North 49°48'30" West 86.64 feet, and South
75°41'30" West 183.94 feet to the 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 maintenance of said public right-of-way.
RES4020