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
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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
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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.