1994-402420
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24-JUH-1994 -
Recording requested by:
City of Encinitas GmCE
When recorded, mail to: ,'ECDE[;E>
City Clerk n.oo
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
RESOLUTION NO. 94-40
I ') ¡'no,.' A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
( APPROVING A SUMMARY VACATION OF
~ ) A PORTION OF AN
IRREVOCABLE OFFER OF DEDICATION
ALONG HYGEIA AVENUE
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 Qf 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 Hygeia Avenue 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- 88-538831 on October 21, 1988,
in accordance with the following:
1. The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element-
RES4019
. . 26
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 "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, Rano, Wiegand
NAYS: None
ABSENT: None
~
Gai1 Hano, Mayor
City of Encinitas
ATTEST:
Jþ NE P()OL. City C!f!l'k 01 the City of Encinitas. Califomi"
do rwrülJY certi/v under penalty of perjury that the above
and foiegolng is a true and correct copy of this document
0)11 file III my office. In witness whereof I have set my hand
3nd :1", Seal of the Ci'y 01 Encinitas this
-J.L d!'y o( '" 1/',
0 oj f ,19~
II., ," ,io'/
E. ~ne Pool, City Clerk
RES4019
I
' . . . 27
EXHIBIT "A"
That portion of Parcel 3 of Parcel Map No. 15083, in the City of
Encinitas, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, December 23,
1987 as File No. 87-705612 of Official Records lying within 27 feet
of the centerline of Hygeia Avenue as shown on said Map No 15083.
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.
RES4019