Vacation 99-06 2003-0205809
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'71 OFFICIAL RECORDS
{1 sAN DIEGOCOlmV RECORDER'S OFFICE
RECORDING REQUESTED BY ) GREfilJRV J. SMITH, COUNTY RECORDER
OL ) FEES: 0.00
CITY OF POWA Y ) 1111~1111111I1111I1111111111I111I111111111I11111111111111I11111111111
1:1' )
It! WHEN RECO,RDED MAIL TO' .) 2003'0206809
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074 )
)
No Transfer Tax Due ) (This~Raqe'for Recorder's Use Only)
Resolution No 00-074
(Please fill in document title on. this line)
THIS PAGE ADD Ep'TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee. applies)
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r? . ITY OF POW~
;
.MiCKE)',CAF'\GNA, May"r
BETTY,'REXFORD Depury,Maynr 10458
BOB.,:El'vtER)' C{)ullcilmemher
JAY.GOLQBY, Ct1uncilmember
Do'N Hlt.3C;INSON, C)uncilin~mhl'r-
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 perjury, that the attached ,and foregoing is a true and 'Correct
copy of Resolution No 00,-074" approved by the City Council. of Poway on July 18,
2000
~.{1]wfJJ
Sherrie D Worrell, CMC
Deputy City Clerk
City Hall Located at 13325 Civic Center Drive
Mailing Address: PO Box 789, Poway, California 92074-0789. (858) 748-6600,695-1400
FAX 748-1455
.
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RESOLUTION NOe 00'-074
A RESOLUTION OF THE'CITY COUNCIL Qf'TI;iE CITY OF ROWA Y,
C~L1FORNIA, ORDERING THE "~0ATION OF THE,PUBLlC ALLEY
ADJACENT TO LOTS 21, 22 AND 23IN'BLOCK.1S\OFPIERMONT, MAP NO 331
(V,acation:99-06)
WHEREAS, the City Council ofthe City ot'Poway desires to vacate the public alley
in accDr9ancewiththeprocedures provided in Chapter 3, Pa,rt 3, Division 9 of the State of
California Streets' and Highways Code, commencing at.Section 8320; and
WHEREAS, the public;alleyadjacent to Lots 21. 22 and 23 in Block 16 of"Piermont,
Map No. 331 is a portion of alJalley betWeen Temple Street and Edgemoor Street; and
WHEREAS, thepublicaliey was created.for public use]hrough'the,recordation of the
final map of l:iaid Map No 331 on May 27; 1887, and
,
WHEREAS, the public allM serves as the main secondary access way for those
properties east of Sycamore Avenue between Temple Street and EdgemoorStreet; and
WHEREAS, the public alley, when vacated, would, redirect certain vehicular traffic ,to
SYcamore Avenue; and
WHEREAS, the pubiicall~yis needed for Pacific Bell.(PacBell).to expand its existing
facility in Lot 23 to be built over the alley and ontq ~ot? 2,1 and 22 to meetTapidly growing
tetecommunication and information service needs in Poway:
NOW, THEREFORE, BEJTRESOLVED by the City eouncilofthe City of Poway as
follows.
1 Thisvacation'is;made under the provisionsof'Chapter 3, Part 3, Division 9 of
the State'of Oalifornia Streets and Highways Code
2. The City hereby fin9s. that the public alley adjacent to Lots 21, 22 and 23 in
Block 16 of Piermont, Map No 331 is unnecessary for present public use
3. TheGity hereby d~cll3res that thepubliclalley'a'djacenHo Lots 21,22 and 23
in Block 16 of Piermont, Map No, 331 is 'hereby vacated, subject to
'cqmpliance of conditions listed in iterh 4 below
4 Th(J City ClerK of the City of Roway is hereby directed tocal.Jse a certified copy
ofthe.;above resqlutign to be recorded in the office'of the San Diego County
Recorder after the following conditions are met:
.. A. Dedication to the City of an easement or right-of-way for a public
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Resolution No. 00-074
Page 2
access road from the rE3mi:@ihg portion of the alley easterly to Midland
Road.
S. Execution of a .Covenant of Improvement Requirements" for
constructionofthe improvements for the above public access road, or
Posting of improvement securities for the improvements, acceptable
t6 the Director of Development Services andlor the City Engineer
C Compliance 6f conditions, if any, 'imposed by San Diego Gas &
Electric, Cox Communications, and Time Warner Cable. Only
conditions brought forth to the City's attention no later than July 18,
2000, shall be considered.
D. Approval of a conditional use permit (CUP) for PacBell's building &
parking lot expansion.
E. Submittalfrom PacBell of a.letter or agreement agreeing to payment
of a contribution for the improvements to Sycamore Avenue. The
amount. of c;ontribution, not to exceed $50,000.00, and its time of
paymentshall be agreed upon with the City prior to approval of the
abovementioned conditional use permit.
5 That, fromand after the date the resolution is recorded, the alley vacated no
longer constitutes a public alley
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 18th day of July 2000
~ Mayor
ATTEST
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Resolution No 00-074
Page 3
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STATE OF CALIFORNIA )
)5S.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of P,oway, do hereby certify, under
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penalty of perjury, thatthe f9regoing Resolution No:. 00..,074 , was duly adopted by the
City Council at a meeting of:s.aid:City, Council held on the 18th day of July 2000, and that
it was so adopted by the following vote:
AYES E~1ERY; GOLDBY, HIGGINSmJ.;REXFORD, CAFAG~JA
NOES NONE
ABSTAIN. NONE
ABSENT NONE
Lor Anne Peoples. City CI
City of Poway
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