1990-34909
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,. /f'ECoIi?Dlfi6, R£QL BY: ZO018 90 034909 '
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CITY oF /ElJClrJIT1I:5 I
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8 MA-iL. /0:
err! or éNc./NI7)I S RESOLUTION NO. 90-02 90JAN22 AH8:16
SZ7 £Jv(..¡1./'~ BLVD.
~C-I¡'¡I7MJ ell, A RESOLUTION OF THE CITY COUNCIL
C¡2.024- OF THE CITY OF ENCINITAS ; VEf'-A L;. L.'~Lt;R \
FOR ABANDONMENT OF A GEOLOGIC OPEN SPACE EASEMEv:n:.Iì\1NfY tH.ÙROE--,
ACROSS A PORTION OF PROPERTY AS DESCRIBED IN ATTACHMENT A
AND WHICH IS LOCATED ADJACENT AND WEST OF LONE JACK ROAD
AND WEST OF FORTUNA RANCH ROAD
(CASE NO. 89-114-VAC)
WHEREAS, Dan Wiegand, Trustee has submitted a request for the NO FEE
abandonment of the geologic open space, as required by section
51093 of the Government Code, which is an open space easement
across a portion of property located adjacent and west of Lone Jack
Road and west of Fortuna Ranch Road, and as further described in
Attachment A; and
WHEREAS, the Planning commission determined that the requested
abandonment of open space was consistent with the General Plan at
8 Tentative Subdivision Map 88-115-TM public hearing of July 26,
1988; and
WHEREAS, the city Council of the city of Encinitas held a
public hearing on application 89-ll4-VAC on January 10, 1990, and
persons desiring to be heard were heard; and
WHEREAS, said city Council has found, from all the evidence
submitted, that to retain the geologic open space easement as
described in Attachment A would not serve any public purpose since
the sole purpose of the open space easement was to assure that at
the time of development of the land a geotechnical report would be
completed to assure that the building sites would be free from
landslides, expansive soil, or flooding problems, and that adequate
8 LN/CABllh-169wp
J
" . zoo.
measures would be taken to make the sites safe. The open space was
8 not intended as a valuable open space preserve, to preserve the
rural character of the area, or to serve as open space for public
use.
WHEREAS, the abandonment of the open space easement is
consistent with the city of Encinitas General Plan and with the
purpose of section 51093 of the Government Code; and
WHEREAS, the abandonment is necessary to avoid a substantial
financial hardship to the landowner since the requirement for the
open space easement was specifically intended to be granted only
until a geotechnical report was submitted and approved verifying
that future building sites could be made safe, which has been
supported in the San Diego Soils Engineering, Inc. Slope Stability
8 Evaluation dated June 8, 1989, which is on file in the Department
of Planning and Community Development, and the condition further
stated that development would be allowed by site plan after
approval of the geotechnical report.
NOW, BE IT THEREFORE RESOLVED by the City Council of the City
of Encinitas to approve the abandonment of the geologic open space
easement as described in Attachment A and shown on Attachment B
attached hereof and made a part hereto by this reference;
AND, that the City Clerk of the City of Encinitas shall cause
a certified copy of the Resolution of Abandonment, attested by the
Clerk under seal, to be recorded without acknowledgement,
certificate of acknowledgement, or futher proof in the office of
8 LN/CABllh-169wp
-,' . 803
, the County Recorder. Upon such recordation, the vacation process
8 shall be deemed complete.
PASSED AND ADOPTED this 10th day of January, 1990, by the
following vote, to wit:
AYES: Gaines, Hano, Omsted, Shea, Slater
NAYS: None
ABSENT: None
ABSTAIN: None
~~~e
city of Encinitas
ATTEST:
C.
8
L E, JANE POOL. City Clerk of the City of EnoInIII& CIIIInIII
*' hereby certify under penelty of ......, ... .. ....
end foregoing is a true and ..... .... ,,*11 ~ L 18
on file in my office. In ~ ......... -.......
and the Sui of the Clay of EnDInIII8 l1li
/~~~Ia ,.!~
8 LN/CABllh-169wp
. 384
.
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ATTACHMENT "A"
LEGAL DESCRIPTION
VACNJ'lON OF OP.li:NSPACE EASEMEN'r
'1'1iA'1' PORTION OF 1?1IRCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED
MARCil 20, 19U!; liS Ð'ILI!~/l?lIGE 05-105101 ,IN 'rHE OFFICII: OF 'rHII: CÓUNT:r:
RECORDn:R or,' SAN DIE:GO COUN'l'¥, S'l'A'l'E OF CALIFORNIA LrINO mASTERLY
or~ 'J'IIE I~OLr.()WING DESCIUDED LINE.
DEGINNINO 11'1' 'l'11m SOUTHWES'l' CORNER OF PARCEL 1 OF SAID ,CERTIFICA'l'E
OliO COHI?LI ANCE¡ 'r¡.IENCE [~J\S'J'EnL 11 ALONG THW SOUTHBRLY LINII: OF SAID
PARCELS 1 AND 3 N 67'34'51" E 1400,0'0 ¡¡'EET TO TRUll: POINT OF
BEGINNING; THRNCE N 12'30'00" W TO 11 POINT IN THII:~ORTHII:RL1I LINE
OF SAID PARCEL 3 DEING THE POINT OF TERMINUS,
....
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