1994-402429 ° 52 Lng-JUN- 1994 lO-J?
Recording requested by: OFFICIAL RECODS
City of Encinitas SAN DIEGO C§U~iY ~ECOR~ER'5 OFFICE
When recorded, mail to: G~:EG0g'Y S~ITH, COUNTY REEOF:DEK'
City Clerk FEE~: 0.00
city of Encinitas
505 South Vulcan Ave.
Encinitas, ~ 92024
~z,', ~'-' OF THE CITY OF ENCINITAS
~ APPROVING A S~Y VACATION OF
~/,,, , A PORTION OF
IRREVOC~LE OFFER OF DEDICATION
ALONG CRESTERFIELD DRI~
W/{EREAS, a request for vacation of Irrevocable Offers of Dedication
has been requested by the City Council of the City of Encinitas;
WtiEREAS, the vacation proceedings were conducted under Chapter 4,
Part 3, of the State of California Streets and Highways Code;
WtiEREAS, the ultimate width of this street has been reduced by the
adoption of the General Circulation Element by the City Council;
WtiEREAS, this vacation will not cut off any access to any person's
property which, prior to reduction, adjoined this street;
WI{EREAS, this portion of this street has not been used for the
purpose for which it was offered for dedication;
WI~EREAS, there are no other public facilities located within this
portion of the Irrevocable Offer of Dedication;
WI{EREAS, on April 28, 1994, the Planning Commission made the
finding that the requested Irrevocable Offer of Dedication vacation
of a portion of Chesterfield Drive 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 RESOL%r~D that the City Council of the City of
Encinitas approves a summary vacation of the Irrevocable Offer of
Dedication recorded as File/Page No. 89-384951 on July 21, 1989,
in accordance with the following:
1. The project as proposed is consistent with the City of
RES4010
Encinitas General Plan and General Circulation Element.
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 /%N-D 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 ~ ADOPTED this 8th day of June, 1994, by the following
vote, to wit:
AYES: Bond, Davis, DuVivier, Hano, Wiegand
NAYS: None
ABSEIqT: None
Ga~l Hano, Mayor
City of Encinitas
ATTEST:
do hereby certify under penalty of perjury that the above
E. J~'~e Pool, City Clerk and foregoing is a true and correct copy of this document
on file in my office. In witness whereof I have set my hand
~nd the Seal of the City of Encinitas this
,~;~ane Poo~. City Clerk
RES4010
EXHIBIT "A"
That portion of Lot 25 in Block 30 of CARDIFF, in the City of
Encinitas, 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, recorded November 14, 1910, described as follows:
BEGINNING at the most Southerly corner of Lot 25, said corner being
at the point of intersect.ion of the Northeasterly right-of-way line
of Newcastle Avenue and the Northwesterly right-of-way line of
Chesterfield Drive as shown on said Map No. 1298; thence North
58°50'00" East 25.00 feet along said Chesterfield Drive right-of-
way to the TRUE POI~ OF BEGI~I~G; thence continuing along
Chesterfield Drive right-of-way North 58°50,00'' East 75.00 feet to
a point along the most Easterly corner of said Lot 25; thence
leaving said right-of-way North 31°10'00,, West 5.00 feet along
Northeasterly line of said Lot 25; thence parallel to Chesterfield
Drive right-of-way South 58°50,00'' West 75.00 feet; thence South
31°10'00'' East 5.00 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.