Item 4 - Acceptance of Fee Ownership of Lettered Lots on TM 4090R, TM 4091R, Tm 4092R, and TM 4093RAGENDA REPORT
CITY OP PCW A Y
TO Honorable Mayor. and Members of the City Council
FROM: James L. Bower.sox, City Mana
INITIATED BY: Alan D Archibald, Director of is Services
Ken L Cablay, Project Engineerl't
DATE:March 11, 1986.
SUBJECT :;
Acceptance of Fee Ownership of Lettered Lots on TM
409OR, TM 4091R, TM 4092R and TM 4093R, and
Abandonment of Open Space Easement on. Lot A of TM
40938 Hirsch Ranch
ABSTRACT
As a condition of the Hirsch Ranch development, the developer was
to convey, in fee, the lettered lots on each tract asopen space
to be included in Landscape, Maintenance District 86-1.. In
addition, Imperial Savings is to deed Lot F on TM 4091R to the
City for the future expansion of the City's maintenance and
operation facilities and, in. return, Lot A of TM 4093R is to
terminated as an open space lot.
The resolution for the abandonment of Lot A of TM 4093R as an open
space lot has been prepared and is ready for Council approval.
The developer hassubmitted to the City the grant deeds to convey
the ownership of the letteredlots to the City.. Staff recommends
the acceptance of fee ownership of the lettered lots and the
approval of the resolution abandoning the open space on Lot A of
TM 40938.
BACKGROUND
With each tract map of the Hirsch Ranch development, the developer
was required to transfer feetitle of each lettered lot- to the
City to be included in Landscape Maintenance District 86-1. Staff
decided that instead: of presenting each conveyance with each tract.
approval to the City Council, we would present the conveyance of
all the lettered lots on all four tracts once the final maps have
been recorded. Allfour tentative maps have now been recorded.:
AGENDA REPORT
March 11, 1986
f Acceptance of Fee ownership of Lettered Lots on TUMOR, TM
4O91R,' TM 40928, TM 4093R and Abandonment of Oen Space on Lot. A
K H
;A of TM 4093R; Hirsch Ranch
a
The. developer has submitted the grant deeds for transferring fee
title to the City. Specifically, the lettered lots to be. conveyed
{
are as follows-:
TM 409OR - Lots A. B', C, and D (Attachment 1)
TM ,40SIR - Lots A, B, C D, E, and F(Attachment 2')
.° TM 4092R Lots A, B, C,; D and. E (Attachment 3 )
TM 409 3R Lots B, C D, F, and G ( Attachment 4);
i
F Lot E of TM 4093R is to be transferred to Poway Unified School
District by separate.action. All lettered lots to be conveyed
have been dedicated as open space lots on the final maps and will.
be maintained by Landscape Maintenance District 86-1.
In previous discussions with the developer regarding TM 4091R,
staff conditioned that Lot. F on TM 4:091R be deeded to the. City for
the future expansion of the City's maintenance facilities The
developer stated that,: in return, Lot A of TM -4093R, ba terminated
as an open space lot. Staff has reviewed the request for the
abandonment and has made the necessary findings, in con unct on
with. Section 51.093 of the Government: Code, supporting the
termination of thel open space:.. This report contains the required
findings and conclusions and a Resolution of Abandonment has: been
prepar.ed,(Attachmen.t 5) for adoption and recordation.
Any abandonment of open space easements requires some
environme:n.tal. fi.ndin.g. The original Hirsch Ranch Tentative Map
4093-1 had its Environmental Impact Report (ETR) certified by the
County of San Diego in July of 1980. The issues of traffic,
noise, and'archaeologi.cal sites were addressed and carried over to
Tentative Map 4093R. Staff considers that: the abandonment. of the
open; space easement on. Lot A would not alter the C'ity's 'open Space
E'lement., that the issues and conditions of the EIR have been.
addressed and the environment would not be severely impacted by
this abandonment, and that this abandonment would' be. in harmony
with the orderly patternof growth, and development: in: the
immediate surrounding= areas. No further environmental
consideration is required by the: California: Environmental Quality
Acts
FINDINGS'
The public. hearing for the abandonment of. open_ space for Lot A of
TM 4093R has been held in conformance with Section. 51093 of the
Government Code, allowing; 30 _days notice
2. °f 9. MAR., 11 1986` tTE't 4
4
F
AGENDA. REPORT
z
March 11�- 1986.
k'
Acceptance of _ Fee ownership oaf Lettered Lots on TM 40� TM
409.1R TM 4042R, TM 40938., and Abandonment of Open Space on Lot A
on TM 4093Rm Hirsch Ranch
i
The county assesor has determined the full cash value. of the land
f
and: has, determined the abandonment valuation of Lot A of TAR' 4093R.
f
i£
RECOMMENDATION
It is recommended that the City Council tare the fallow ng:
actions:
a
1.. Accept, in fee title., the ownership of Lotz A,, H�,. C.. and �
D of TM 40408,. Lots A, Rr C, D), EF and F` of TK 4091R.. r
Lots A,r So C, D, and: E of TM 4092R, and: Lots, B- , C, D, -,r F,.
and: G of TM 4 0 9: 3'R .
2. Close the public hearing for the; abandonment of the. open
space on Dot, A of TR 40938. r
a
r
3. Adopt the Resolution. of Abandonment of open Space on. Lot
A. of TM 4093R. and: direct its-- recordation after the
s,
abandonment fee has been paid.
JAB :.ADA:KL.G
Attachments:
..F Plan: for TM. 4 0.9 QR
2:. Plain: for. TM 4:0913'
3`. Plan for TM. 445231
4... Plan for TM 4.093R
5.. Resolution of Abandonment of Open Space on. Lot A. of
53R; i
Tit: 053R.
.z
f
3 o
s'
MAR: 11 1986 l T. E 4 }
{
4
F
MAR 1 11986 I T E M �
I
GG'C
lil s
E
is 1 a
s
,till
'
1Itt;1 - s ! tt {til •.s �
� - '-.i �_ •��
UoT
�W E
flit t
t•
r. s
•-
111 �-:: i�
.
•t r «
till
� �_ :.� '�
liIt t
, .,,,y�.1t�
till aa'
�, \ R , �. � �tt{l •moi: t`
� � t
r •
"
•� JIB, per; . _ $'
-�� S 1: F .
e
it
I:
s [,
�'
tt
•�rer�a
l'G
otaw
+
s�,
.
GaG'.4T/o/Ct
7=94Cr 409-5=4--
Cip"'Y
-' ` : :''.
LTi
M'wx'v
TITLE :: PLAN MAP TM A 91R
SALE :,
ATTACHMENT : G
of 9
MARI J 1986 ITEM,
7
Of
OWAP �FLi90°
Esg,
`
1
!
rcViAl
�' ,mos caY
t
'
Wr-
tG�c t Ta
VICINITY MAP
GQ'lNQa4Y
� _
s.
OOGWOOo--.,
co
o
e;
It
`J
�=
•Loll■•
-
.--T.,�
n
Q.
yaAb
4
v.
7
Of
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'POWAYP
CALIFORNIA ORDERING THE TERMINATION OF AN OPEN -SPACE EASEMENT
ON LOT A, AS DEDICATED BY COUNTY -OF SAN DIEGO'
TRACT NO. 40938, MAP NO. 11396
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 dedicated on Lot A
of Tract No. 40938, as per Map No. 11396, recorded on
December 19, 1985,
NOW¢ THEREFORE, BE IT RESOLVED,. by the City Council of
the City of. _Poway as follows:
1. This termination of an open -space easement Is made
E under provisions of Chapter 6.6, Fart 1, Division 1 of
the Government Code of the State of California. j
2. The City Council hereby finds; that:
a. No public purpose will be served by IeepIng the
land, as open -space.
b. The abandonment is, not inconsistent with the
purposes; of Chapter 6.6, ' Part I Division. 1 of the
Government Code.
c,. The abandonment is consistent with _ the: general
plan and the open -space element.
d. The abandonment is necessary to avoid a
substantial f i nancia l hardship to the landowner
clue to involuntary factors unique to the owner.;
3. The City Council hereby declares that the following
open -space easement is hereby` terminated.:
a. That c=ertain open -space easement as dedicated on
Lot A of County of Sen Diego Tract No. 4093R
recorded as Maps Pio . 11.3.96, on December 19,. 1955,.
in the office of the County Recorder of. San Diego,
California.
RESOLUTION NO.
Page 2
4.. The City Clerk of the. City of Poway is hereby
directed to cause a certified copy of this resolution
to, recorded in the Office of the County Recorder of
San, Diego County 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
day of , 1986.:
Carl. R. Kruse, Mayor
ATTEST:
Mariorie; K. Wahlsten, City Clerk
Sof 9
MAR 1 1986 ITE N