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1994-402425 '" . ~c U 1994-0402125~ . )' , 40 '?' - II iN-1994 10: -_17 HM ,--4 ~ '--' Recording requested by: n;FTrIAL RECORDS City of Encinitas SAN DIEGO-coGHn REC9RDE~' ~~~,~~!CE When recorded, mail to: ~ct~nQv ~MITH, CDUHTv ~ELJ~J:~ , -r City Clerk .J;\L.C_"'-"";:-~~S: i}.OJ City of Encinitas SOS South Vulcan Ave, Encinitas, CA 92024 RESOLUTION NO. 94-35 , '1 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 RUBENSTEIN 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 Rubenstein 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-S88082 on October 30, 1989, in accordance with the following: 1. The project as proposed is consistent with the City of RES4014 I I . . ,, ' . 41 . Encinitas General Plan and General Circulation Element, 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 II 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 ¿;ßç;y~ Gail Hano, Mayor City of Encinitas ATTEST: i, E, JANE POOL. City Clerk of the City of Encinitas. Carifornia do hereby certify under penalty of perjury that the above E, J Clerk foregoing is a true and correct copy of this document (')n file in my office. In witness whereof I have set my hand and the Seal of the City of Encinitas this ¡ ì (~, Ii " ,----+-~_daYQJ ',""' 19 ::.. ~ , ", ) , I J, --- ~i., " ", E. Jane Pool, City Clerk RES4014 . ~ . . . . . 42 . EXHIBIT "A" That portion of Parcel 2 of Parcel Map 14406 in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on August 7, 1986, Recorder's File No. 86-336513, lying Westerly and Northwesterly of a line that is 28.00 feet Easterly and Southeasterly of and parallel with the centerline of Rubenstein Avenue as shown on said Parcel Map 14406, 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. RES4014