1994-402411
" . ~~u~-f~~~-O1~~~~1
r 2201 AM
Recording requested by: OFFICIAL RECORDS
City of Encinitas
When recorded, mail to: SAH DIEGO COUHTY RECORDER'S OFFICE
City Clerk GREGORY SMITH, COUHTY RECORDER
City of Encinitas 1 FEES: 0.00
505 South Vulcan Ave. r¡\
Encinitas, CA 92024 '/
RESOLUTION NO. 94-49
SWcfe/(ß;~/y'ðp.;r 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 SAN DIEGUITO DRIVE AND REQUEZA 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 these streets have 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 these streets;
WHEREAS, this portion of these streets have 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 San Dieguito Drive and Requeza 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. 90-010269 on January 8, 1990,
in accordance with the following:
1. The project as proposed is consistent with the City of
RES4028
., . . 2202
"'
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_~
Gail Hano, Mayor
City of Encinitas
ATTEST:
't: I, E. JANE POOL, City Clerk ofthe City of Encinitas. California
reby !J8rtify under penalty of perjury that the above
E. Ja 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 of Encinitas this
f/l¡ / ,19.ff-
(
RES4028
. . . . .
. ~. 2203
EXF¡IBIT "A"
That portion of Lot 16 in Block "I" of Encinitas Highlands, in the
City of Encinitas, County of San Diego, State of California,
according to Map thereof No. 2141, filed in the Office of the
County Recorder of San Diego County, December 4, 1928, lying
Southerly of a line that is 30.00 feet Northerly of and parallel
with the centerline of Requeza Street as shown on said~Map No. 2141
AND that portion lying Southwesterly of a 20.00 foot radius curve,
concave Northeasterly, said curve being tangent with said line that
is 30.00 feet Northerly of and parallel wi ththe centerline of
Requeza Street AND tangent to a line 25.00 feet Easterly of and
parallel with the centerline of San Dieguito Drive as shown on said
Map No. 2141.
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.
RES4028
I