1991-243404 RESOLUTION 91-30
05/23/91 - 1991-243404
ORIGINAL DOC. LOST
RESOLUTION NO. 91-30
A RESOLUTION OF THE CITY COUNC',_
OF THE CITY OF ENCIlqITAS APPROVING A
SUMMARY VACATION OF AN EASEMENT FOR PUBLIC
HORSETRAIL USE ON PM 15333 IN OLIVENHAIN
WHEREAS, a request for vacation of an easement for horsetrail
use on Parcel Map 15333 has been submitted by Bumann Ridge Inc.;
WHEREAS, the easement does not constitute an integral link in
the Recreation Trails system;
WHEREAS, the easement for horsetrail use has not been used
for the purpose for which it. was offered for dedication', nor has
any public money been spent for the construction or maintenance of
a trail on the easement;
.WHEREAS, the easement for horsetrail use was offered for
dedication on Parcel Map 15333, recorded on August 5, 1988;
WHEREAS, the date of dedication is less five years, and more
than one year, immediately preceding the proposed vacation;
WHEREAS, the easement was not used continuously since the
date of dedication;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Encinitas approves a summary vacation of the easement for
horsetrail use as offered for dedication on Parcel Map 15333,
recorded on August 5, 1988 in the Office of the County Recorder of
San Diego
following:
1.
County .(see Exhibit "A"), in accordance with the
The project as proposed is consistent with the city of
Encinitas General Plan and General Circulation and
Recreation Elements.
'MW/jm/cRog-786wp5 '(4-22-91)
The project as proposed complies with the California
Environmental Quality Act since it is exempt from
environmental review.
There is no present or prospective public use
easement for public horsetrail.
for the
BE IT ALSO RESOLVED that concurrent with the recordation of
Tentative Map No. 90-073, 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, certificate of 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 May, 1991, by the following
vote, to wit:
AYES:
NAYS: . None
ABSENT: None
ABSTAIN: None
Davis, Hano, Oms~ed, -Slater, Wiegand
ATTEST~:~. ~F~
E. '~e~Pool, City
G~ail Han0, Mayor of the
City of Encinitas
Clerk
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EXHIBIT "A"
RESOLUTION NO. 91-30
HORSE TRAIL VACATION
THAT 10.00 FOOT WIDE HORSETRAIL EASEMENT AS OFFERED FOR DEDICATION
AND REJECTED ON PARCEL MAP NO. 15333 RECORDED AUGUST 5, 1988 IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY STATE OF
CALIFORNIA.
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· ~ PASCO ENGINEERING
~.~ ~' 535 NO.' HIGHWAY 101
SUITE A
SOLANA BEACH, CA 92075
CITY OF ENCINITAS
AGENDA REPORT
MEETING DATE: MAY 8, 1991
TO: /$ %/Warren H. Shafer, City Manager
FROM.~ ichael T. Wells, Management Assistant
VIA: ~David L. Wigginton, Director of Community Services
VIA: ~
DATE:
SUBJECT:
\Lloyd Holt, city Engineer
April 23, 1991
Adoption of Resolution No. 91-30 summarily vacating the
unimproved horsetrail easement located on Parcels 1, 2,
and 3 of Parcel. Map 15333, as part of proposed
subdivision TM 90-073.
BACKGROUND:
Bumann Ridge Inc., owner of the parcel of land where the unimproved
hor'setrail easement is located, has requested that the easement be
summarily vacated in conjunction with the processing of Tentative
Map No. 90-073.
DISCUSSION:
Bumann Ridge Inc. has requested that the unimproved horsetrail
easement located on Parcels 1, 2, and 3 of Parcel Map 15333 be
summarily vacated in cOnjunction with the processing of Tentative
Map No. 90-073 which will further subdivide PM 15333.
Attachment "A" is a vicinity map and Attachment "B" shows the
easement to be vacated.
The horsetrail easement was offered for dedication and rejected on
PM' 15333. It has not subsequently been accepted, but pursuant to
Section 66463 of the Government Code of the. State of'California,
it remains as an Irrevocable Offer of Dedication.
The subject easement does not constitute an integral link in the
Recreation Trails System. .The Recreation Trails Committee has
recommended that it be vacated. 'Staff has also studied the
easement and its relationship to other proposed and potential
trails in the vicinity and find that it is of no public benefit as
a trail.
Parcel Map 15333 was recorded on August 5, 1988. Since the date
of dedication is less five years, and more than one year,
~immediately preceding the proposed vacation, and the easement was
not used continuously since that date, the State of California
Streets and Highways Code allows the legislative body to summarily
vacate the easement. With a summary vacation, the legislative body
needs only to adopt a resolution vacating the easement. No notices
of the vacation need be posted or published and no public hearing
is required.
The horsetrail easement should be vacated concurrently with the
recordation of TentatiVe Map No. 90-073.
RECOMMENDATION:
That the City Council adopt Resolution 91-30 summarily vacating the
horsetrail easement located on Parcels 1, 2, and 3 of Parcel Map
15333.
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