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Resolution Number 89-11-21-2RESOLUTION NO. 89-11-21-2 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING AN EQUESTRIAN EASEMENT, TRACT 9382, LOT 64 (CORAL PROPERTIES/MAURER) WHEREAS, the City of San Juan Capistrano has an equestrian easement (a public service easement)for equestrian and hiking purposes as described in Exhibit A and incorporated herein by reference; and, WHEREAS, this equestrian easement is located on real property owned by Coral Properties (Assessor's Parcel No. 650-190-02); and, WHEREAS, the City Council adopted a resolution on October 3, 1989, declaring an intention to vacate this easement area; and, WHEREAS, pursuant to said resolution, the City Council conducted a public hearing on the proposed vacation on November 21, 1989. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. The City Council hereby vacates the equestrian easement area described in Exhibit A on the basis that said easement is unnecessary for present or prospective public use. This finding and determination is made pursuant to Streets and Highways Code Sections 8320, et seq. SECTION 2. The Council's finding that the easement is unnecessary for present or prospective public use is based upon the additional subsidiary findings: A. The City's Equestrian Commission, on October 24, 1989, at a regular meeting, found and determined that this easement would not be usable or safe for equestrian riders. B. The easement area has not been actively used due to the extremely steep terrain and vegetation overgrowth in the area. C. The Marbella golf course area, in addition, has constructed an equestrian trail easement area which will serve as a more logical connector point with the City's existing trail system. D. The total cost of improving this equestrian easement area is cost prohibitive. -1- z31 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 November , 1989. 21st GARY H USD RFE , M9 OR ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) day I, MARY ANN HANOVER, 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. 89-11-21-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of November , 1989, by the following vote: AYES: Councilmen Schwartze, Buchheim, Bland and Mayor Hausdor£er NOES: None. ABSENT: Councilman Friess (SEAL) MARY ANN YER, CITY CLERK -2- Ex15TIN& EQUEy{rzirt.! EASEMENT To BE Qu�tU.A�Mt;d gY GITY Ex I6TIN(i EQU6STR.IIo/J EA5EM EN T TD REMAIN — NORTH .In �,,I L.° � -) mor EXHIBIT A FOR ACDITtONAL *ter INFoRMA-rioN REFER Ta TROcCT MAP IJo. 9382, sooj-g2Ci, (, A5 RFGORDP,t:) ^T OR.A.Nt & CZUWTY RKDRoco OffoIGE. 0 LAWS 64 ] I