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1994-402428 . 49 2t'Çu~-1~~1-01~~~~8AM Recording requested by: OFFICIAL RECORDS City of Encinitas SAN DIEGO COUNTY RECORDER'S OFFICE When recorded, mail to: GREGORY SMITH, COUNTY RECORDER City Clerk FEES: 0.00 City of Encinitas 505 South Vulcan Ave. Encinitas, CA 92024 RESOLUTION NO, 94-32 .'/)1: j A RESOLUTION OF THE CITY COUNCIL -', i ~ LIlt! OF THE CITY OF ENCINITAS ~ # /fl;J i'$~ APPROVING A SUMMARY VACATION OF A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION ALONG UNION STREET 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 Union Street 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. 88-591669 on November 17, 1988, in accordance with the following: 1. The project as proposed is consistent with the City of RES4011 " . . 50 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 "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 L~ GðÍl Hano, Mayor City of Encinitas ATTEST: ¡, E JANE POOL, City Clerk of the City of Encinitas. California City Clerk hereby certify under penalty of perjury th~t the above and foregoing is a true and correct copy of this document on file in my office. In witness whereof I have set my hand and the Seal of the City Encinitas this ÚV;/' .19 pi¡ / /1 , RES4011 - . . 51 EXHIBIT "A" The Southerly 27,00 feet of the following property: All that portion of the southeast quarter of the southwest quarter of the northwest quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof, described as follows: Beginning at the southeast corner of the southeast quarter of the southwest quarter of the northwest quarter of said Section 10; thence North 03°26'55" East (North 03°27'10" East, Deed recorded in Book 4074, Page 99 of Official Records) along the easterly line of said southeast quarter of the southwest quarter of the northwest quarter 324.30 feet to the southeast corner of the land conveyed to Wisner Land and Mining Co. Ltd" a Corporation, by Deed dated December 10, 1930 and recorded in Book 1838, Page 394 of Deeds; thence North 89°35'40" West along the southerly line of the land so conveyed to said Wisner Land and Mining Co. Ltd., a Corporation, a distance of 452.67 feet to the TRUE POINT OF BEGINNING; thence from said true point of beginning, continuing North 89°35'40" West along said south line of Wisner Land and Mining Co. Ltd., a Corporation, 85.00 feet; thence leaving said line South 03°45'00" West 323.93 feet, to a point in the south line of said southeast quarter of the southwest quarter of the northwest quarter; thence South 89°33'40" East, (South 89°33'00" East, Deed recorded in Book 4074, Page 99 of Official Records) along the south line of the southeast quarter of the southwest quarter of the northwest quarter 85.00 feet; thence leaving said line North 03°45'00" East 323.98 feet, to the TRUE POINT OF BEGINNING. 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.