1994-402421
. 28 tiC " 1994-0402~~1,
7--TUH-1994 10:JI AM
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Recording requested by:
City of Encinitas
When recorded, mail to: '1,00
City Clerk
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
RESOLUTION NO, 94-39
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 MANCHESTER AVENUE AND CHESTERFIELD DRIVE
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 Manchester Avenue and Chesterfield Drive 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, 89-605756 on November 7, 1989,
in accordance with the following:
1. The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element,
RES4018
. . . 29
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
L(/4
Gall Hano, Mayor
City of Encinitas
ATTEST:
1. I, E';e~~E POOL, City Clerk of the City of Encinitas, California
E, J and f Y ,certIfy under penalty of perjury that the above
on f oregolOg ,~ a true and correct copy of this document
and 't~~~:¡ Z~'~:'6~Y~:~~S~n~~=rt~~ I have set my hand
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Ejar~e Pool. City Clerk
RES4018
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EXHIBIT "A"
That portion of Lot 25 in Block 29 of Cardiff, in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No, 1298, filed in the Office of the County Recorder of
San Diego County, May 14, 1910, described as follows:
Lying Southerly of a 20.00 foot radius curve, concave Northerly,
said curve being tangent to a line that is 25,00 feet Northeasterly
of and parallel with the centerline of Manchester Avenue as shown
on said Map No, 1298 AND tangent to a line that is 25.00 feet
Northwesterly of and parallel with the centerline of Chesterfield
Drive as shown on said Map No, 1298.
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.
RES4018