1994-402424
-' . tiC u ~994-o40Z424
,
. " 37 1 -'-., ~"1
24-JUH-1994 10: ':' (. ,f,
Recording requested by: D:~I[I~L"~E~~~Q~;" "-r,~~
City of Encinitas C:AN DiEGO ¡fnIHi! 1<':CL~;ut.r, J Urr Ii",-
When recorded¡ mail to: ~'iw~~nRÿ ~MTTH, COUNT; RECQRDE~
City Clerk \.n;"'-.JI., -.L, IlFc, {) no
, -,J' ., ',.'
City of Encinitas
505 South Vulcan Ave.
Encinitas¡ CA 92024
RESOLUTION NO. 94-36
,,' ,Ii! ..,,' 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 REGAL ROAD
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 Regal Road 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. 90-404269 on July 25/ 1990/
in accordance with the following:
1. The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
RES4015
~. . 8
38
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 II All
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
kkL
G¿il Hano, Mayor
City of Encinitas
ATTEST:
(P " E. JANE POOL. City Clerk of the City of Encinitas, California
0 hereby certify under penalty of perjury that the above
and foregoing is 8 true and correCt copy of this document
on file in my office. In witness whereof I have set my hand
an~ th~, Seal of the City o~ Encinitas this ,7
//1/) .
',' day of 'fI"'" ,19
. -¿. ;-~.. : ,/~l.;
e: Jane Pool, City Clerk
RES4015