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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 ~: ~M~/jm/CRO9-786wp5 (4-22-91) 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. ~: M~;/jIn/CRO9-786wp5 (4-22,91) /-/ O ,P S E T, PA I L VA £A T/ O,,~ ,°LA T 11 I I '1 I AID/C A 1/~ CI 'TED. · ~ 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. o o tT'E TOT,~L CL.I~eV~ · A._-~41'1~'.~0" I_~ 14,~.14'