Item 4 - Resolution Ordering Termination of Open-Space Easement & 2nd Reading of Ord. 201 tiGENDA REPORT ' -�
G�t WqY
CITY OF POWAY
TO: Honorable Mayor and Manbers af e City Council �F� .,,,,,,, ,W ��{
� �� rxe co
FIiL�I: James L. Ba�aersox, City Mana
IIVITIA7.� BY: Marjorie K. Wahlsten, City Clerk�� 1�1a1 �u
Dp�E: Novanber 25, 1986 •
SUBJECP: Resolution Ordering the Termination of an Open-Space Fasanent and
Secaid Readinq of Ordinance No. 201
BPi�OUL�ID
Cn Novanber 18, 1986, the City Council considered an �vironmental assessaent
ordering the tesminatiai of an open-space easenent on Lot 27 af xeritage
Hilltop, Map 7432 and issued a Neqative Declaratian. At that meeting the
Cwncil also introduced and had the first re3ding on Ordinance No. 201 - "An
Ordinance of the City of Fo�ray, California, Relinquishing an Open-S�ace Fasanent
pver, Upon, Across a[� U�rler All of Lot 27, Heritage Hillt�, Map. No. 7432."
FII�IDIl�IGS
1. It is in order to adopt the attached resolution �titler3, "A Resolution of
the City Council of the City of PoHay, California, Ordering the Tenninatiai
of an Open-Space Eas�ent Over, Up�, Across, and Under All of Lot 27 of
Heritage Hilltop, Map No. 7432"; and
2, to have the sec:ond reading and adopt this Ordinance.
F�CQ�IDATICN
It is recaim��ded that the City Council:
1. adopt the attached resolution ardering the tesmination of the opPn-space
2aSa�tlt; and
2. if the City Ca�ncil desires to adopt; read title and waive further reading
of the Ordinance by unanumus wte; pass motia� closing public hearing and
adopting (roll call wte).
JLB:NIICW:ml
Attaclment:
1) Resoluti�
2) Ordinance
ACTION:
�i NOV 25 1986 ITEM 4
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA ORDERING THE TERMINATION OF AN OPEN-SPACE
EASEMENT OVER, UPON, ACROSS, AND UNDER ALL OF LOT 27
OF HERITAGE HILLTOP, MAP NO. 7432
WHEREAS, the City Council of the City of Poway desires to
terminate an open-space easement, in accordance with the procedures
provided therefor in Chapter 6. 6, Part 1, Division 1 of the
Government Code of the State of California, commencing at
Section 51090, and
WHEREAS, an open-space easement was granted to the County
of San Diego over, upon, across, and under all of Lot 27,
Heritage Hilltop, Map No. 7432, and
WHREAS, the City of Poway became the successor in interest
to said open-space easement upon its incorporation on December 1,
1980, and
NOW, TAEREFORE, BE IT RESOLVED, by the City Council of the
City of Poway as follows:
1. The termination of an open-space easement is
made under provisions of Chapter 6 . 6, Part 1,
Division 1 of the Government Code of the -State
of California.
2. The City Council hereby finds that:
a. No public purpose will be served
by keeping the land as open space.
b. The abandonment is not inconsistent
with the purposes of Chapter 6. 6,
Part 1, Division 1 of the Government
Code.
c. The abandonment is consistent with
the General Plan.
d. The abandonment is necessary to
avoid a substantial financial
hardship to the landowner due to
involuntary factors unique to him.
e. The termination of said open-space
easement will not have a significant
adverse impact on the environment and
the City Council hereby issues a
Negative Declaration.
r
NOV 25 1986 ITEM y
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Resolution No.
Page 2
3. The City Council hereby declares that the
open-space easement granted to the County
of San Diego over, upon, across, and under
all of Lot 27 of Heritage Hilltop, Map No.
7432, recorded September 13, 1972 in the
Office of the Recorder of San Diego County
is hereby terminated.
4. The City Clerk of the City of Poway is hereby
directed to cause a certified copy of this
resolution to be recorded in the Office of
the Recorder of San Diego County concurrent
with the final map recordation of that
portion of Tentative Map No. 4191R (Phase A-9)
wherein a replacement open-space easement of
equal or greater size is dedicated or after
said final map recordation, and after the
abandonment fee has been paid in full by
the landowner in accordance with the provisions
of Section 51094 of the Government Code.
PASSED AND ADOPTED by the City Council of the City of Poway,
California, at a regular meeting thereof this 18th day of
November, 1986.
Bruce J. Tarzy, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
NOV 25 1986 ITEM q
3 of 5
ORDINANCE NO. 201
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
RELINQUISHING AN OPEN-SPACE EASEMENT OVER, UPON,
ACROSS, AND UNDER ALL OF LOT 27 OF HERITAGE HILLTOP, MAP N0. 7432
WHEREAS, Ordinance No. 189 of the City of Poway establishes
the requirements for relinquishment of an open-space easement
dedicated or offered for dedication to the City, and
WHEREAS, the open-space easement over, upon, across, and
under all of Lot 27, of Heritage Hilltop, Map No. 7432 was granted
to the County of San Diego upon its recordation on September 13,
1972 in the office of the Recorder of San Diego County, and
WHEREAS, the City of Poway became the successor in interest
to said open-space easement upon its incorportion on December 1,
1980, and
WHEREAS, the City Council of the City of Poway has approved
Resolution No. P84-71 , a resolution approving Tentative Map
No. 4191R, and
wHEREAS, vacation of the open-space easement over, upon,
across, and under all of Lot 27 of Heritage Hilltop, Map No. 7432
is a condition imposed on Resolution No. P84-71, and
WHEREAS, said Tentative Map No. 4191R has multiple final
map filings, and
WHEREAS, said condition for the vacation of the open-space
easement must be completed prior to final map approval of that
portion of said Tentative Map No. 4191R, wherein said open-space
easement is lcoated, and
wAEREAS, a substantially larger open-space easement
dedication which contains the majority of the open-space
easement to be relinquished shall be made in that final map
as hereinbefore mentioned of said Tentative Map No. 4191R, and
WHEREAS, said dedication has been agreed upon by the
approval of the City Council of said Tentative Map No. 4191R, and
WHEREAS, a portion of the open-space easement to be relin-
quished shall be used for public street including but not limited
to drainage facilities; and
NOV251986 ITEM 4
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_ ORDINANCE N0. 201
PAGE 2
WHEREAS, the City Council finds that the proposed open-space
easement relinquishment will not have a significant adverse impact
on the environment and hereby issues a Negative Declaration.
NOW, THEREFORE, the City Council of the City of Poway does
ordain:
1. The open-space easement over, upon, across, and
under all of Lot 27 of Heritage Hilltop, Map
No. 7432 is hereby relinquished pursuant to
the terms of Ordinance 189 of the City of Poway
subject to and effective only upon the dedi-
cation of an easement of an equal or greater
size and quality in the final map for Tentative
Map No. 4191R.
2. The City Council hereby finds that the purpose
of the release is to permit the property to be
used for a valid public purpose; including but
not limited to public streets or drainage
facilities.
EFFECTVE DATE: This ordinance shall take effect and be in force
thirty (30) days after the date of its passage; and before the
expiration date of fifteen (15) days after its passage, and it
shall be published once with the names and members voting for
and against the same in the Poway News Chieftain, a newspaper
of general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 18th day of November, 1986,
and thereafter passed and adopted at a regular meeting of said -
City Council held the 18th day of November , 1986, by the
following roll call vote:
AYES:
ABSTAIN:
NOES:
ABSENT:
Bruce J. Tarzy, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
NOV 25 1986 ITEM ,�
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21 November 1986
William T. Holmes
- 18108 Old Coach, Road`
Poway, California 920.64
James L. Bower ox, City Manager -- ---�� � �•-•
City of Poway
�1 .. i�$�
13325 Civic Center Drive:
Poway, Cal if orni.a 92064
sic: Alan D. Archibald, Director of Public Services/City Engineer
Subject: Reimbursement Ordinance for Public Improvements:
Installed by the City
I suggest. you strike "abutting such improvements" from the first
r paragraph of Section 15.07.20 of ordinance 200 as proposed at the:
18 November 1986 Poway City _Council Meeting.
1 -
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Please also strike "permanent"` from paragraph E of Section`
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15..07.030 of said ordinance
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s The first. change would allowthe City of Poway toi be reimbursed by.
5
F.
property owners who do not abut an improvement, but who in, fact
benefit from the improvement. Reimbursement could be in inverse
proportion to the distance from the smprovement.
The second change would address the reality that some improvements
may of necessity be temporary, and yet be of si gnif i cant: benefit
to property owners in its vicinity. Given enough time,everything
y
is temporary..
May personal interest in these changes is the fact that the or-
dinance 'as- changed could be used by the Old Coach Home Owner ° s
Association Road Committee toinduce 1.005 participation in our
joint road -project with the City of Poway.. Unfortunately, only
that portion of the cost of the: project born by the City would. be
reimbursed. The participating property owners would: not be
similarly reimbursed. If leverage of the ordinance is 100 suc-
cessful, this latter concern would be a mute. point..
Sincerely,
William T. Holmes
;z
NOV 2 5 1986 ITEC 5
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