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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