Resolution Number 91-5-21-3RESOLUTION NO. 91-5-21-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION
OF THE EQUESTRIAN/HIKING EASEMENTS FROM VIA ARBOLEDA
TO VIA PASTORAL WITHIN LOT 1 (AP #649-321-01) AND LOT 2
(AP 649-321-02) OF TRACT 10090 AND PARCEL 3 (AP #649-311-20)
OF PARCEL MAP RECORDED IN BOOK 108, PAGE 18 OF ORANGE
COUNTY RECORDS (LUPINACCI/COONTZ/MACKENZIE)
WHEREAS, on the 16th day of April, 1991 the City of San Juan Capistrano
passed a resolution declaring its intention to vacate the referenced hiking/equestrian
trail easement; and,
WHEREAS, the easement to be vacated is shown on Exhibit "A", attached
hereto and by this reference made a part hereof; and,
WHEREAS, notice of a hearing to hear objections or support for said vacation
was duly published and posted in accordance with Section 8322 and 8323 of the California
Streets and Highways Code; and,
WHEREAS, thq City Council has heard testimony and received evidence upon
the aforesaid vacation and finds that there were no objections voiced or received to the
proposed vacation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby vacate and close to public use the hiking/equestrian
trail within Lots 1 and 2, Tract 10090 and Parcel 3 of Parcel Map 108/I8, from Via
Arboleda to Via Pastoral, and as more particularly shown on the map on file with the
City Clerk's Department, a copy of which is attached hereto (Exhibit A), 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
easement is unnecessary for present or prospective public use.
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BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to cause a certified 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
of May .1991.
ATTEST:
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21st
KENNETH E. FRIESS, MPXYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day
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. 91-5-21-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 21st day
of May , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Vasquez
and Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: Councilman Buchheim
(SEAL)
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
CHERYL JOHNSON, being first duly sworn, deposes and says:
That she is the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 83-12-20-3 and on the 24th day
of May , 1991 she caused to be posted:
RESOLUTION NO. 91-5-21-3 , being:
VACATION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION
OF THE EQUESTRIAN/HIKING EASEMENTS FROM VIA ARBOLEDA
TO VIA PASTORAL WITHIN LOT 1 (AP #649-321-01) AND LOT 2
(AP 649-321-02) OF TRACT 10090 AND PARCEL 3 (AP //649-311-20)
OF PARCEL MAP RECORDED IN BOOK 108, PAGE 18 OF ORANGE
COUNTY RECORDS (LUPINACCI/COONTZ/MACKENZIE)
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire
Station Recreation Complex; Orange County Public Library.
CHtRYL J016NSON, CITY CLERK
San Juan Capistrano, California
'3" CHECK LIST' T -`
ORD. NO. RES. NO. /- 6--214
Mayor has signed
Clerk has signed
City Seal stamped+ _
All blanks type 'n
"Absent" n
"Noes"
"Abstain"
Copies sent to post Ord. dist.
file 5a
�r] �ail certified
Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks reco A VA14 d-aA "nn"
3