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Vacation 85-05 1985-489668 '6 5- L( 8 ~ && Ii' I>,ec~!,a'ing Requested. l:lY":. ,... . 8 5 - 48~. 668 &' when-recarded return t9:' .. ' ...' . " ,', .' f.' '\''''''''' Lit;t;tmn(htlJ"l,,,,; , C~.' ty'.. 6'f paway . U;c.'rIClcOi, R".Wt:lr\~.!- ' " '- . ,- " .- fif ~M~ DiLI.\i}l DUh _" ," . G~ty Clerk , 199 t. ., " '. . '., E" (). .Bax 7 8~, ;) ,\r:R') QEf 2'7, HH2: 2:2. Paway, Ca. 92064 .'. - u . . RESOLUTION NO. 85-101 VERA'L,tyC:;:" i . tOlJNTYHECORDcL! :.'r' A R ESO. LUTIO N OF. THE CITY ,CO,UNCIL .OF. "T. H. E CITYOlJi ...: - . ". , POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION OF RIVER BEND ROAD, RAINDROP ROAD, RIV)'RROCK LANE, , WEST BANK LANE ~ WATER JUMP LANE, AND' ENTRE ROAD, THE ABUTTER ''8 RIGHTS OF ACCESS APPURTENANT TO 'CERTAIN LOTS IN AND TO ESPOLA ROAD AND LAKE POWAY ROAD, AND I :~' CERTAIN PUBLIC SERVICE EASEMENTS FOR OPEN SPACE, c . - ,- , . .-. , " EQUESTRIAN AND PEDESTRIAN TRAILS" SEWER, DRAINAGE, r--. \' CLEAR SPACE, AND FLOWAGE PURPOSES, AS'DEDICATED BY lBll-OFP:!! .... COUNTY OF SAN DIEGO'S TRACT NO. 4093-1, MAP NO. 10429 (VACATION VAC 85-05) I ,_ -,-_......J WHEREAS, the CityCaunci1 af the City'af Paway desires to. summarily vacate certain streets and public se,rvice easements in accardance with the pracedures pravided therefar in Chapter 2, Part 3, Divisian 9 af the Streets and Highways Co. de af the State of CaTifornia, co.mrnend:Ilg at Sectian 8320, and ---~ WHEREAS, River Bend Raad, Raindrap Raad, River Rack Lane, West Bank Lane, Water JUmP Lane, and Entre Raad, all publi'c streets, were dedicated to. the City af Paway by the appraval and recardatian afTract No.. 4093-1, as per Map No.. 10429, recarded an July 1j, 19~2, and l WHEREAS, the abutter's rights af access were similarly dedicated and relinquis}1ed and waived to. the City af paway appurtenant to. Lats E', 33, 34, 43, 45, 46, 70, and 71 af Tract No.. 4093-1 in and to. Esp0.1a Ra'ad, and to. Lats A,B, 6, and 67 o.f Tract No.. 4093-1 in- ahd to. Lake Paway Raad. all as per Map No.. 10429, and WHEREAS, apen space' easements were similarly dedicated to. the City af paway aver, 'upan, across and under all af Lats A, B, 'C, D', E, F, G, Hi arid 7'1,' 'and a 'partion of: Lo.ts 1,1, 1'2, and 13 afTract, No.. 4093-1, all as per Map No.. 10429, and WHEREAS ,eques',t'rian and pedestrian. tr.aileasemen.ts were simiiarly dedicated to. the City af paway o.ver.partions af Lats A, H, 1, and 71 af Tract No.. 4093-1, a'll a:s per Map No.. 10429, and WHEREAS, a' se,wer easement was similar,ly dedicated to. the City af Pawayan Lats 24 and 33 of Tract. No.. 4093-1,. Drainage and flawage easelllehts were dedicated an- Lots B, C, D, E, F, G, 11, 12, 13, 33, and 34 af said tract, ali as per Map No.. 10429, and WHEREAS, clear space easements were similarly dedicated to. the City af Paway averpartians af Lats 6. 36, and 67 af Tract "~..'" No.. 4093-1, all as per Map No.. 10429, and ~~. ,.WH.EREAS, a tenta~i.ve map f.ar the r...es~bdivisian af T. ract 4093-1 i~:, ~a's appraved by' the G~ty Caunc~l af tl1", C~ty of Poway an April 9, 1'985, as Tentative Tr,,,,ct TTM 4093R,which,map cantemp1ated the rea1ignme.nt and, renaming af the above ,pu:b1ic s'treets and the - " .. 199 . Resolton NO.85-l0l ; . ,ij Page. 2 .~...,.:~f re.l.o.c.at~()Ilor~dj,ustm~nt Of t~e above open space:, equ~stFiall and "~:":'1 pede,str.1:an tralls, sewer, dralnage, .clear space, and flowa'ge ',".' easements, and WHEREAS, conditions and issues addressed in the Environmental Impact R,eport'for the original Tract No. 4093-1 have been carried over and consi'dered on Tent'ative Tract Map 4.093R and no further environmental consideration is required by the California Environmental Quality, j\ct. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of poway as follows: 1. This sUllunary vacation is made under the provisions ,of Chapter 4" :I~ar.t 3, .Division 9, or the Streets and Highways Code of the State of Galifornia. 2. The City Council hereby finds that: a. The here,inbelow described streets known _ '.. _, '<is _!l.i ve'r Bend~oad ,R,a,indrop Road, River Rock Lane, West Bank Lane, Water Jump Lane, and .Entre Road have been relocated (Sec. r" 8330 (a)). .. ' l.l: b. The hereinbelow described rights of access are not required with the resubdivision of Tract 4093-1 (Sec. 8320). .- c. The hereinbelow described puplic service easements for open space, equestrian and , pedestrian trails, sewer, clear space, ' flowage. and drainage purposes were acquired less than five years and more than one year immediately preceding the date of- 'this resolution, and they have never been in continuous use sinCe their' acquisition (Sec. 833)b)). ", d. That .a'lternate locations ,for River Bend Road, Raindrop Road, River Rock, Lane, West Bank Lane, Water Jump Lane, and Entre Road, and for the open .space, equestrian and pedestrian trails, clear space, flowage, sewer, ~nd drainage ea'semerits are to be dedicated and conveyed t~. to the City of Poway. \~~ ~. .. . 1997 Resolution No. 85-101 - Page 3 fi{.,j 3. The City Council hereby decla. res that the fOl.lowing t~ ~tr~et and publlC serVlce easements are hereby vacated: a. Those certain public streets, known as River Bend' Road, Raindrop Road, River Rock Lane, West Bank Lane, Water Jump Lane, arid Entre .Road, all within the County of San Diego, Trac't 4093-1, recorded as Map No. 10429, on July 13, 1982, in :the' Office of the County Recorder of San Diego, California. b. Those certain abutter's rights of access as dedicated and relinquished and waived appurtenant to Lots E, 33, 34, 43, 45, 46, 70, and 71, in and to Espola Road, and to Lots A, B, 6, and 67, in and to Lake poway Road, inclusive, within the County of San Diego, Tract No. 4093-1 - - -, -- re'corded as Map No . '1042 90n -July 13, - ^':' 1982, in t.tle.office of the County Recorder ot San Diego, California. r~~ c. Those certain public service easements Lp for open space purposes as dedicated over, upon" across, and under all of Lots A, B, C~ D, E, F, G, H, and 71, and a por,tion ,of Lots 11, 12, and 13, inclusive, within the County of San Diego, Tract No. 4093-1 recorded as Map No.l~429, on July 13, 1982, in the Office of the County Recorder of San Diego, California. d. Those certain public service easements for equestrian and pedestrian trail purposes as de,dica ted elVer por,tiQn~ of Lot's A, H, 1, and 71 of Tract, 'No. 40'93-1, inclusive, within the County of Sa'n. Diego, Tract No. 4093-1, recorded ~s Map No. 10'429, on July 13, 1982, in the Office Qf the County Recorder of San Diego, California. tot?! .'":'1 .. ", -- .. Reso~on No. 85-101 '0, . _/.~ 1998 Page 4 ~ f' '.".,' [~;~ e. That certain public servi~~ easem~nt '--.-, for sewer purposes as dedicated on Lo.ts 24 and 33, within the County of San Diego, Tract No'. 4093~1, recorded - - as Map No. 10429, on July 13, 1982, in the Office of the County Recorder of San Diego, Cali:Eornia. f. Those certain public service easements for drainage and flowage purposes as dedicated on Lots B, C, D, E, F, G, 11, 12, 13, 33, and 34, inclusive, within the County of San Diego, Tract No. 10429, on July 13, 1982, in the Office of the County Recorder of San Diego, California. g. Those certain public service easements for clear space purposes as dedicated on Lots 6" 36, and 67, within the County -'- -, - -of-San-Diego,--Tract-No .-4093.=.1, reco,rded as Map No.. 10429, on July 13, 1982, in - - the Offic~'bf the County Recorder of San Diego, California. [:; 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 County Recorder of San Diego County in accordance with the provisions of Section 8336(a) of the Streets and Highways Code, only upon the concurrent recordation of the final map of Tentative Trac~ Map No. 4093R. . PASSED AND ADOPTED by the City Council of the City of Poway, California, at a regular meeting thereof this 17th day of December, 1985. ~ Carl R. Kruse, Mayor ATTEST: I hereby c;~i-Ufy tn3t tho above t~ (l 'I and forc;:0in.:; ir:J". d _ f~:J and true Ii, I' {', r c('D/of RG:o!t!f~.:)n~i':f'J. ~.s---/D( ;'1'1 /; 0 . t& / U II":'{ .. .... / .)1/ -1:)(/_~ j-) c? tho ::>}.);Li1:~X;;..0f thErCity of Marjorie K. Wahlsten, Cit/y Clerk P "'''.''\1 ',<.;~ ;... n ....~J...r--t 'b O~..:....J' \...:.., "Off1H,'".:..S ":";;.'t) eo Y ,/ the C'" '-'e'u,''''i' d <"'d C''ly'on I ''- ~. 'd...,J . _.... . ,':, tl',~ :'v 'by"f/,~~",,- /'f'JJ~ .v ',.!J. ' . e ~ . ' l.' ,y c;...,;,;ofethiCit{of