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1994-402422 11 " . . 31 tic U 1994-0402422 . v 24-JUN-1994 10=57 AM Recording requested by: ¡FICIAL fEOfD: City of Encinitas cAN r,íE,;n '-DUNn RErORDEn OFFICE When recorded, mail to: o';P~;¡1fY ~MnH, coum RE'DRDEP City Clerk ,,""---- FEES: 0.00 City of Encinitas 505 South Vulcan Ave. Encinitas, CA 92024 RESOLUTION NO. 94-38 A RESOLUTION OF THE CITY COUNCIL ~'1" ':. OF THE CITY OF ENCINITAS APPROVING A SUMMARY VACATION OF A PORTION OF AN IRREVOCABLE OFFER OF DEDICATION ALONG GASCONY ROAD 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 Gascony Road 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. 89-289093 on June 1, 1989, in accordance with the following: 1. The project as proposed is consistent with the City of Encinitas General Plan and General Circulation Element. RES4017 ~ ' . 8 832 '0 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 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 ~ÇL GáÍl Hano, Mayor City of Encinitas ATTEST: " E. ,JANE POOL, City Clerk of the City of Encinitas. California 0 ;"reby certify und", penalty of perjury that the above Jodtoregoing is a true and correct copy of this document on file In my office. In witness whereof I have set my hand "nil :"'6 Senl of tho City of 'öncinir:,,; H)ís /'/ ,19- RES4017 -- . 8 ~3 . .~ EXHiBIT "A" Those portions of Lots 2 and 3 in Crest Acres, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2019, filed in the Office of the County Recorder of San Diego County, May 3, 1927, lying Westerly of q line that is 27.00 feet Easterly of and parallel with the centerline of Gascony Road as shown on said Map No. 2019. 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. RES4017