Vacation 00-03 2000-0500253
~. Dor # 2000-0500253
RECORDING REQUESTED BY: ) SEP 19. 2000 8:49 AM
)
CITY OF POWAY ) 2176 lFFIClil RECORDS
) SAN DIEGO COOOV RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGORY J. SMITH, COUNTY RECORDER
) FEES: 0.00
CITY CLERK ) IIIUIII ~1I1 ~I I ~II III III 1111\\\\
CITY OF POWAY )
P.O. BOX 789 ) 2000-0500253
POWAY CA 92074 )
)
No Transfer Tax Due ) (This space for Recorder's Use Only)
RESOLUTION NO. 00-091
(Please fill in document title on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
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CITY OF POWAY
MICKEY CAFAGNA, Mayor
DON HIGGINSON, Deputy Mayor
BOB EMERY, Councilmember
JAY GOLDBY, Councilmember
BETTY REXFORD, Councilmember
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF POWAY )
I, SHERRIE D. WORRELL, Deputy City Clerk of the City of Poway, California,
hereby certify, under penalty of pe~ury, that the attached is a true and correct copy of
Resolution No. 00-091 as adopted by the City Council of Poway, California on the 12th
day of September, 2000.
-J hlt'LLr Q (ULtCQO
Sherrie D. Worrell, Deputy City Clerk
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 · (858) 748-6600,695-1400
FAX 748-1455
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2178
RESOLUTION NO. 00-D91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF
AN OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES
FOR ORCHARD VIEW LANE WITHIN PARCEL MAP NO. 17914
(Vacation 00-03)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a
portion of an offer of dedication for pu~lic street purposes for Orchard View Lane in
accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets
and Highways Code of the State of California, commencing at Section 8330; and
WHEREAS, the offer of dedication to the City was made through the filing and
recordation of City of Poway TPM 89-12, Parcel Map No. 17914 on September 23,
1997; and
WHEREAS, the area to be vacated is not necessarily needed for public street
purposes; and
WHEREAS, since Orchard View Lane is currently a private street, the vacation of
a portion of the offer of dedication for pUblic street right-of-way does not automatically
extinguish other property rights that is appurtenant to Parcels 1, 2 and 4 of Parcel Map
No. 17914; and
WHEREAS, a building permit shall not be issued to Parcel 3, until proven to
City's satisfaction that Parcels 1, 2 and 4 of Parcel Map No. 17914 have no appurtenant
easement rights or have quitclaimed their respective rights to the area being vacated,
or Parcel 3 building placement is located in a way that utilization of the area is not
needed for City's compliance of building setbacks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
1. This summary vacation is made under the provisions of Chapter 4, Part 3,
Division 9, of the Streets and Highways Code of the State of California.
2. The City hereby finds that the portion of an offer of dedication for public
street purposes for Orchard View Lane is an excess right-of-way not
required for street purposes (Section 8334a).
3. The City hereby declares that the portion of an offer of dedication for
public street purposes for Orchard View Lane, described on Exhibit A and
as depicted on Exhibit B, is hereby vacated.
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Resolution No.00-091
Page 2
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 in accordance with Section 8336a of said Streets and
Highways Code after any of the following conditions are satisfied.
A. The owner of Parcel 3 of Parcel Map No. 17914 shall provide the
City with a proof or proofs that no appurtenant easement rights to
that are being vacated have been conveyed or granted to Parcels
1, 2 and 4 of Parcel Map No. 17914; or
B. If there are appurtenant easement rights, said owner of Parcel 3
shall submit to the City a copy of recorded quitclaim deeds from
current owners of said Parcels 1, 2 and 4, quitclaiming their
respective easement rights to the area being vacated; or
C. Building placement in Parcel 3 of Parcel Map No. 17914 shall be
situated so as not to utilize the area being vacated for compliance
of City's requirements for building setback.
5. That from and after the date of the resolution is recorded, the vacated
offer for public street right-of-way [Section 8335b(4)] and that upon such
recordation, the vacation is complete (Section 8336b).
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 12th day of September 2000.
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ATTEST: J
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En.L ,1^^A" -::fJ-d
Lori Anne Peoples, CIty Clerk
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Resolution No. 00-091
Page 3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify. under
penalty of perjury, that the foregoing Resolution No. 00-091 , was duly adopted by
the City Council at a meeting of said City Council held on the 12th day of September
2000, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBV, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
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Lori nne Peoples, City C erk
City of Poway
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