Vacation No. 87-03 1987-294814
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 7B9
POWAY, CA 92064
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1987 HAY 28 AM II: 51
RECORDING REQUEST BY:
CITY OF POWAY
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~UNTY i-:LCOHOr~
No Transfer Tax Due
(This space for Recorder's use
EASEMENT VACATION
NO FEE
By the attached Resolution No. B7-037, the City of Poway, a municipal
corporation, ordered the summary vacation of the abutter's rights of access
appurtenant to Lot 5, City of poway Tract No. B5-03, Map No. 11451, in and to
Arroya Vista Road.
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Marjorie K. Wahlsten, City Clerk
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State of California)
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County of San Diego)
On th is the 19th day of May
19B7, before me,
Evelyn L. Madison
the undersigned Notary Public, personally appeared
Bruce J. Tarzy and Mariorie K. Wahlsten
~ personally known to me
[] proved to me on the basis of
evidence to be the person(s) who
instr~ment as
behalf of the corporation therin named,
acknowledged to me that the corporation
WITNESS my hand and official seal.
sat i sfactory
executed the within
or on
and
executed it.
Notary's
s~r!.!.!:.~...........-
. .....:::.. OFFICIAl ~EA~.... :
; ; . EVEL YN L. MADISON .
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: "('0"0'1..,,, My Comm. Exp. Oct. 19. 1990:
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This space for Recorder's use
RESOLUTION NO. 87-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ORDERING VACATION OF THE ABUTTER'S RIGHTS OF ACCESS APPURTENANT
TO LOT 5, CITY OF POWAY TRACT NO. 85-03, MAP NO. 11451,
IN AND TO ARROYA VISTA ROAD
(VACATION NO. 87-03)
WHEREAS, the City Council of the City of poway desires to summarily vacate
certain public service easements in accordance with the procedures provided
therefor in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of
the state of California, commencing at Section 8330; and
WHEREAS, abutter's rights of access appurtenant to Lot 5 in and to Arroya
vista Road was noted on the final map of the City of poway Tract No. 85-03, Map
No. 11451; and
WHEREAS, said abutter's rights of was not offered for dedication to the City
and was not officially accepted by the City as evidenced in the owners certifi-
cate and the City'S rejection/acceptance certificate of said map; and
WHEREAS, due to the recordation of said map, said abutter's rights of access
was relinquished and perfected; and
WHEREAS, it is logical that said relinquishment, although not specifically
mentioned, that the City is the recipient of said relinquishment dedication due
to the fact that Arroya Vista Road is a publicly dedicated street.
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 Council hereby finds that the abutter's rights of access
appurtenant to Lot 5, City of poway Tract No. 85-03, Map No. 11451, was
dedicated upon said map's recordation on February 19, 1986, and is less
than 5 years, and more than one year, immediately preceding the pro-
posed vacation, the easement was not used consistently since that date
(Section 8333b).
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RESOLUTION NO. 87-037
PAGE 2
65g
3. The City Council hereby declares that the
abutter's rights of access appurtenant to Lot 5,
City of poway Tract No. 85-03, Map No. 11451, in
and to Arroya Vista Road is 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 of Section 8336 of the Streets
and Highways Code.
PASSED, ADOPTED AND APPROVED, by the City Council of the
City of Poway, California, at a regular meeting thereof this
21st day of April, 1986.
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Robert C. Emery, D
y Mayor
'" ATTEST:
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MarjOr~e K. Wahlsten, City
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Clerk