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2001-937001DOC 2001-0937001 Recording Requested by: City of Encinitas When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DEC 19 · 2001 OFFICI~ RE[~]RI)S ~ i)IE~ COIlNTV R[OOI~ER'8 OFFICE GRE'BI]RY J. ~ITH, COUNTY RECOILER FEES: 0.00 For the benefit of the City ) SPACE ABOVE FOR RECORDER'S USE ONLY APN:264-390-09,11,12,14,21-24,39 264-391-07-17,25 ~~ RESOLUTION NO. 2001-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING THE SUMMARY VACATION OF THE EXISTING EASEMENTS FOR PUBLIC RECREATIONAL TRAIL PURPOSES OVER LOTS 9, 28,29,17-27,44-47 AND A PORTION OF LOT 63 WHEREAS, Dudek & Associates made an application on behalf of Barratt American, Inc. to vacate several unused recreational trail easements within the Knightsbridge development, dedicated to the City of Encinitas on Final Map No. 12780, recorded February 20, 1991, and WHEREAS, the easements to be vacated are not required and will not be utilized for the completion of the system of public recreational trails pursuant to the draft master trails plan and WHEREAS, the vacation proceedings were conducted under Chapter 4 of Part 3 of the State of California Streets and Highway Code, and WHEREAS, On November 2, 2001, city staff distributed notices to property owners within 300 feet of the proposed vacations and to all public utility companies, and city staff did not receive any comment or objection from any notified party regarding the proposed vacations and WHEREAS, the City Council of the City of Encinitas on December 12, 2001, heard all persons interested in the proposed vacation at 5:30 p.m. in the City of Encinitas Council Chambers, 505 South Vulcan Avenue, Encinitas, CA 92024; and NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas, approves the summary vacation of the existing easements \LKRUSTY~VOL 1 \SHARED~ENG\Tamara\Word~Resolutions~RESKNIGHTS BRIDGE.doc for public recreational trail purposes over Lots 9,28,29,17-27, A4-47 and a portion of lot 63, as recorded on final map no. 12780, and as set forth on plats and legal descriptions attached hereon as exhibits A1 and Bi through Al9 and B19 and in accordance with the following: The Project as proposed is consistent with the City of Encinitas current Draft Master Trails Plan. 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 for the right-of-way. 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 12th day of December, following vote, to wit: 2001, by the AYES: Guerin, Holz, Stocks. NAYS: Houlihan. ABSENT: Bond. ABSTAIN: None. ATTEST: ~e-borah Ce~vone, City Clerk l, Deborah Cervone, City Clerk ot th'e City of Er~cinitas, California do hereby certify uader penalty ol perjury that the above and foregoing is a true and correct copy lhis document on fife fn my office, in witness whereof, I have set my hand and Ihe Seal of the City of Encimtas this/."?~day of~ .2043! Deborah Cervone, C~~_ Christy G~e~in, Mayor City of E~initas %KRUSTY~VOL I\SHARED~ENG\Tamara\WordXResolutions~RESKNIGHTSBKIDGE.doc