1994-402425
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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
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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
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E. Jane Pool, City Clerk
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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