Vacation 92-03 1992-0388335
2325
DOC U 1992-0388335
23-JUH-1992 09:56 AM
RECORDING REQUEST BY:
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0. ';0
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
No Transfer Tax Due
(This space for Recorder's use)
SUMMARY VACATION 92-03
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By the attached Resolution No. 92-~3, the City of Poway, a municipal
corporation, ordered the Summary Vacation of Abutters' Rights of Accesses
Appurtenant to Portions of Lot 86, County of San Die90 Tract 3842-3, Map No.
9771 and Lot 2, City of Poway Tract 81-01, Unit 2, ap No. 11844 in and to
Vista Lomas Drive.
, Mayor
State of California)
)ss.
County of San Diego)
On this the/~ day Ofrt, 1t/9.J ,before me, NtLlllu..; N.IJPil Cp,U
the undersigned Notary Public, personally appeared Jan Goldsmith and Marjorie
K. Wahlsten, personally known to me to be the persons who executed the within
instrument as President and Secretary of the municipal corporation named herein.
Witness my hand and official seal.
@ OFFICiAl SEAL
.-.. NANCY N NEUFELD
. NolIIIy pubIIc>CaIllomla
, . SAN DIEGO COUNTY
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My camm. EJcp. Doa. 21.'_
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Resolution No. 92-093
2326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
ORDERING THE SUMMARY VACATION OF ABUTTERS' RIGHTS
OF ACCESSES APPURTENANT TO PORTIONS OF LOT 86,
COUNTY OF SAN DIEGO TRACT 3842-3, MAP NO. 9771 AND LOT 2,
CITY OF POWAY TRACT 81-01, UNIT 2, MAP NO 11844
IN AND TO VISTA LOMAS DRIVE
(Vacation 92-03)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate certain public service easements 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 abutters' rights of accesses appurtenant to portions of Lot
86, County of San Diego Tract 3842-3, Map No. 9771 and Lot 2, City of Poway
Tract 81-01, Unit 2, Map No. 11844 in and to Vista Lomas Drive were dedicated
to the County of San Diego and City of Poway respectively through the filing
and recordation of the final maps of said Map No. 9771 on August 26, 1980 and
Map No. 11844 on June 24, 1987; and
WHEREAS, the City of Poway became the successor in interest to the
County of San Diego for the abutters' rights of access on said Map No. 9771
upon the City's incorporation on December 1, 1980; and
WHEREAS, on July 14, 1988, the final map of City of Poway Tract 88-01,
Map No. 12123, the subdivision located immediately adjacent to the north of
said Map No. 9771 and Map No. 11844, was recorded; and
WHEREAS, immediately thereafter the recordation of Map No. 12123, Vista
Lomas Drive street improvements were extended northerly into said subdivision
and thus said abutters' rights were violated and the use restrictions were
deemed to be terminated.
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
Cal ifornia.
2. The City Council hereby finds that the abutters' rights of accesses
appurtenant to portions of Lot 86, County of San Diego Tract 3842-
3, Map No. 9771 and Lot 2, City of Poway Tract 81-01, Unit 2, Map
No. 11844 have their use restrictions terminated, i.e. they have
not been used for the purpose for which they were dedicated or
acquired for five consecutive years immediately preceding the
proposed vacation (Section 8333a).
3. The City Council hereby declares that the abutters' rights of
accesses appurtenant to portions of Lot 86, County of San Diego
Tract 3842-3, Map No. 9771 and Lot 2, City of Poway Tract 81-01,
Unit 2, Map No. 11844 are hereby vacated.
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 the provisions
232:7
Resolution No. 92-093
Page 2
of Chapter 4, Part 3, Division 9 of the Streets and Highways Code
commencing at Section 8330.
PASSES, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 16 h day of une, I992.
ATTEST:
~U~h~Cl"k
STATE OF CALIFORNIA )
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COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution No. 92-093 was
duly adopted by the City Council at a meeting of said City Council held on the
16th day of June, 1992 and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE