Vacation 91-08 1991-0567612
436
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VACATION NO. 91-08
8y the attached Resolution No. 91-120, the City of Poway, a municipal
corporation, ordered the vacation of public streets, to wit: Eden Grove, Harvest
Crescent, Harvest Court, Harrow Lane, Harrow Place and Bounty Way, all in City
of poway Tract 84-08, The Grove. Located east of the intersection of Espola
Road and Titan Way.
IYl
Marjori
State of California)
)ss.
County of San Diego)
On this the~ day of t)..1fi(Je//I'M/, before me, ,AltUlc:J IJ, AlI'.JJklr-/
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.
h~
Q_.. OFFICIAl SEAL
NANCY N NEUFELD
. . Notary PubIlo-Clll/lomla
" . SAN DIEGO COUNTY
My Camm, Exp. Doc. 21, 1982
i'
437
Resolution No. 91-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE VACATION OF PUBLIC
STREETS, TO WIT: EDEN GROVE, HARVEST CRESCENT,
HARVEST COURT, HARROW LANE, HARROW PLACE AND BOUNTY WAY,
ALL IN CITY OF POWAY TRACT 84-08, MAP NO. 12044
(Vacation 91-08)
WHEREAS, the City Council of the City of Poway desires to vacate the public
streets in accordance with the procedures provided in Chapter 3, Part J,
Division 9 of the Streets and Highways Code of the State of California, com-
mencing at Section 8320; and
WHEREAS, Eden Grove, Harvest Crescent, Harvest Court, Harrow Lane, Harrow
Place and Bounty Way were created and dedicated to the public through the
recordation of the final map of City of Poway Tract 84-08, Map No. 12044 on
April 18, 1988; and
WHEREAS, said streets and public utility lines within the street right-of-
way, i.e., water, sewer, drainage, electric, gas and cable television, were
designed, constructed andlor installed in accordance with the specifications and
standards of the City of poway and the respective utility agencies; and
WHEREAS, said streets are confined only within said Tract 84-08 and are not
servient to any adjoining properties; and
WHEREAS, the property owners in said Tract 84-08 are desirous of converting
the public streets to private streets; and
WHEREAS, said property owners have executed an instrument titled "Grant of
Private Street Easements and Declaration of Covenants Pertaining to Poway Tract
84-08 Road Maintenance Association" which declares among other things, the for-
mation of a Road Maintenance Association, the granting of private street ease-
ments, road maintenance agreement, etc.; and
WHEREAS, the City of poway shall reserve and except from the vacation ease-
ments and appurtenant rights for the construction, maintenance, operation,
replacement, removal, and removal of public utility facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
1. This vacation is made under the the provisions of Chapter J, Part J,
Division 9 of the Streets and Highways Code of the State of California.
2. The City Council hereby finds that Eden Grove, Harvest Crescent, Harvest
Court, Harrow Lane, Harrow Place and Bounty Way, all in City of Poway
Tract 84-08, Map No. 12044 are unnecessary for present public use
(Section 8324b).
J. The City Council hereby reserves and excepts from the vacation the
following:
a. The easement (general utility easement) and right at any time, or
from time to time, to construct, maintain, operate, replace,
remove, and renew sanitary sewers and storm drains and appurtenant
structures in, upon, over, and across a street or highway proposed
438
Resolution No.~1-120
Page 2
to be vacated and, pursuant to any existing franchise or renewals
thereof, or otherwise, to construct maintain, operate, replace,
remove, renew, and enlarge lines of pipe, conduits, cables, wires,
poles, and other convenient structures, equipment, and fixtures for
the operation of gas pipelines, telegraphic and telephone lines,
cable television lines, and for the transportation or distribution
of electric energy, and water, and for incidental purposes,
including access to protect these works from all hazards in, upon,
and over the street or highway proposed to be vacated.
b. An easement for a future public street or highway.
c. Any easement and right necessary to maintain, operate, replace,
remove, or renew the public utility facilities.
4. The City hereby declares that Eden Grove, Harvest Crescent, Harvest
Court, Harrow Lane, Harrow Place and Bounty Way, all in the City of
Poway Tract 84-08, Map No. 12044 are hereby vacated.
5. The City Clerk of the City of Poway is hereby directed to cause a cer-
tified copy of this resolution to be recorded in the office of the San
Oiego County Recorder in accordance with Section 8325, Chapter 3, Part
3, Division 9 of the Streets and Highways Code concurrently with the
recordation of the instrument titled "Grant of Private Easements and
Declaration of Covenants Pertaining to Poway Tract 84-08 Road
Maintenance Association."
PASSED, ADOPTED, AND APPROVED, by the City uncil of the City of Poway,
California, at a regular meeting this 2 d day f October, 1991.
ATTEST:
)
) ss.
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. 91-120 . 'was
duly adopted by the City Council at a meeting of said City Council held on the
22th day of October, 1991 and that it was so adopted by the following vote:
.AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk