1994-402427
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+ . 46 . U 1994-0402427
. 24-JUN-1994 10:57 AM
Recording requested by: OFFICIAL RECORDS
City of Encinitas SAN DIEGO COUNTY RECORDER'S OFFICE
When recorded, mail to: GREGORY SMITH, COUHTi RECORDH'
City Clerk FEES: 0.00
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
"": RESOLUTION NO. 94-33
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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 NORFOLK DRIVE AND CAMBRIDGE 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 Norfolk Drive and Cambridge 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. 89-118025 on March 8, 1989,
in accordance with the following:
L The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
RES4012
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2. The project 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 ~~A-
Gail Hano, Mayor
City of Encinitas
ATTEST:
C. (?~ I, E. JANE POOL. City Clerk of the City of Enclnltu. Cellfomla
E. Jane ereby cenify under penalty of P81' ury that the
and. fo~egoing is a true and correct copy 01 tbI8 -=
on flie In my office. In wItnee8 WheÌ1lOf I h8IIIt -
and the Seal of the City Ene/nltas thla mr h8nd
C¡¡-A day £L
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RES4012
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EXHIBIT "A"
All that portion of Lot 25 in Block 25 of Cardiff, in the 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,
November 14, 1910, described as follows:
Lying southwesterly of a 20.00 foot radius curve, concave
northeasterly, said curve being tangent to a line 5.00 feet north
and parallel with the south line of said Lot 25 AND tangent to a
line 5.00 feet east and parallel with the west line of said Lot 25.
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,
RES4012