1994-402423
34
~c U 1994-04QZ123 , ,
24-JUN-1994 luoJ7 H~
.
Recording requested by:
City of Encinitas
When recorded, mail to:
City Clerk
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
m:nWL
SAN DIEGO COUNTY OFFICE
G~:EGüRY SMITH, [[!.INri >:EU:R.JEF
FeES:
RESOLUTION NO. 94-37
00.
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 LIVERPOOL DRIVE AND EDINBURG 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 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 Liverpool Drive and Edinburg 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. 89-002635 on January 4, 1989,
in accordance with the following:
1.
The project as proposed is consistent with the City of
RES4016
.
.
35
Encinitas General Plan and General Circulation Element.
2.
The project 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,
vote, to wit:
1994,
by the following
AYES:
Bond, Davis, Duvivier, Hano, Wiegand
NAYS:
None
ABSENT:
None
~~
G&il Hano, Mayor
City of Encinitas
ATTEST:
't
I, E. JANE POOL, City Clerk 01 the City 0:
do hereby certify under penalty of P~!jUI'l rh"
and foregoing is a true and correct copy 0' ¡h", oj,..""""
on file in my office. In witness where~f Ii,: VI Sf>! my OM'"
and the Seal of the City of Enoinitas this
{)I/,
,I '
daY,()f, t' i' J
. "J; F
E: ~ne Pool, City Clerk
19
RES4016
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36
EXHIBIT "A"
That portion of Lot 1 in Block E of Cardiff "A", in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No. 1334, filed in the Office of the County Recorder of
San Diego County, May 12, 1911, lying Northerly of a 20.00 foot
radius curve, concave Southerly, said curve being tangent to the
Northwesterly line of said Lot 1 AND tangent to a line 5.00 feet
Southwesterly of and parallel with the Northeasterly line of said
Lot 1.
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.
RES4016