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Resolution Number 96-1-2-4194 Recorded Document No. 19960025305 RESOLUTIONNO.`• VACATION OF A PORTION OF VIA ENTRADA. A PUBLIC-alELEJ IN THE GLENDALE FEDERAL PLANNED COMMUNITY, TRACTS 13437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF VIA ENTRADA WITHIN TRACT 13865, FOURTEEN HUNDRED FEET SOUTHEASTERLY OF LA NOVIA AVENUE, TO THE TERMINUS OF VIA ENTRADA IN TRACT 13437 (TAYLOR WOODROW HOMES/PACIFIC COMMUNITIES BUILDER) WHEREAS, on the 21st day of November, 1995, the City Council passed a resolution declaring its intention to vacate a portion of Via Entrada within the Glendale Federal Planned Community; and, WHEREAS, City Council Resolution No. 95-2-7-3, approving Rezone 94-3, establishes a gated entry to the development and proposes abandonment of a portion of Via Entrada; and, WHEREAS, the street to be vacated is shown on Exhibit 1, attached hereto and by ' this reference made a part hereof; and, WHEREAS, a ten -foot -wide pedestrian and bicycle trail will be preserved for public access to the City's open space along the east side of Via Entrada, from the start of the private portion of Via Entrada to the terminus of Via Entrada in Tract 13437; and, WHEREAS, a public hearing was duly held in the Chamber of the City Council on January 2, 1996; and, WHEREAS, the City Council has heard testimony and received evidence upon the aforesaid vacation, and finds there were no objections voiced or received to the proposed vacation; and, WHEREAS, the City Council finds and determines that a portion of Via Entrada within the Glendale Federal Planned Community can be properly vacated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby vacate and close to public use a portion of Via Entrada from fourteen hundred feet southeasterly of La Novia Avenue, within Tract 13865 to the terminus of Via Entrada in Tract 13437 (Glendale Federal Planned Community), more particularly shown on Exhibit 1, attached hereto, excepting therefrom a perpetual non-exclusive easement and right-of-way for sewer I and public utilities purposes, including specifically, but not by way of limitation, the right to lay, construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve, relocate and 195 otherwise use, together with incidental appurtenances, connections and structures and other necessary easements for ingress and egress and public utility purposes, and elects by this Resolution to proceed under the provisions of the Streets and Highways Code, Division 9, Part 3, Section 8320 et. seq. BE IT FURTHER RESOLVED, that the City Council finds that the above -stated street is unnecessary for present or prospective public use. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to cause a copy of this Resolution to be recorded in the Office of the County Recorder for the County of Orange, State of California. PASSED, APPROVED, AND ADOPTED this 2nd January , 1996. ATTEST: CITY CLERI M �W#_ W41 I I h -2- day of 196 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 96-1-2-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of January 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL J N, CITY CLERK -3- 197 PORTION OF VIA ENTRADA TO REMAIN PUBLIC PORTION OF VIA ENTRADA TO BE ul VZkiED W g 0 z Ile g INTENT TO VACATE A PORTION OF VIA ENTRADA — TRACTS 13437 AND 13865 EXHIBIT 1