Vacation 85-02 1985-371339
'REco~bIN(1'REQUtSTED BY . r, 9
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.r:~:J\ rrJ"'-"l'ty C!II, Resolution No. 85-062 !OFS/I!DItc!lGOuhlf,L.,,1
\::2",. q z....OtRl 1985 OCT - 7 Pll I: 5 I
A RESOLUTION OF THE CITY COUNCIL OF THE CIT~OF OWA'f~ .
CADIFORNIA ORDERING THE SUMMARY VACATION OF ...... <:'rT~~ltiioh I
WINDP.IPER CQURT, STONE POINT COURT ,CROSS. ' SOUR!]', ~
BENDED TREE COpRT ,BARNy/OOD ,COUR'r,A~P ',WOODBARKCQURT ,
THE ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO'
CERTAIN LOTS IN AND TO ESPOLA ROAD AND MIDLAND ROAD,
AND CERTAIN .EASEMENTS FOR .OPEN SPACE, EQUESTRIAN
AND PEDESTRIAN TRAILS, WATER LI'NE, SEWER, DRAINAGE,
AND FLOWAGE PURPOSES, AS DEDICATED'BY COUNTY OF NO FEE
SAN DIEGO'S TRACT NO. 4092-1, MAP NO. 10427
(VACATION VAC. 85-02)
WHEREAS, the City .Council of the City of poway desires to
summarily vacate certain str.eets and public service easements ,
in accordance with the procedures provided therefore in
Chapter 2, Part 3, Division 9 of the Streets and Highways
Code of the State of California, commencing at Section 8320, and
WHEREAS" Ranch Road, Windpiper Court, Stone Point Court,
Cross Fox Court, Bended Tree Court, Barnwood Court, and Woodbark
Court, all public streets, were dedicated to the City of poway
by the approval and recordation of ,Tract No. 4092-1, as per
E:('~ Map No. 10.427, recorded, on July 13, 1982, and
WHEREAS, the abutter's rights of access were similarly
dedicated and relinguished and waived to the City of poway
appurtenant 'to Lots 1, 62, 6}, 68, 78, 79, 89', 107, 108, l09,
110, Ill, 114, A, B, C, and D of Tract No. 4'092-1 in and to
Espola Road, and to Lots 55, 57, and E of Tract No. 4092-1
in and to Midland Road, all as per Map No. 10427, and
WHEREAS, open space easements were similarly dedicated
to the City of poway over, upon, across and under all of
Lots A, B, C, D, E, and F, and a portion of Lots 7, 20, 21,
23,24,25,27',28, 3D, 31, 32, 33, 34, 35, 55, 56, 57, 58,
59, 60, 61, 62, 89, 90, 91, 92, 93, 99, 100, 105, 106, and
'107 of Trac,t No. 4092-1, all as per Map No.. 10427, and
WHEREAS, eques'ttian arid pedestrian t,rail easements were
similarly dedicated to the City of poway over portion of lots
31,32, .33., 34, 35", 89, 90, 91, 92, 93, 99, 100, 105, 106, a,nd
107' of Tract No. 40'92-1, all as per Map No . 1042} i and
WHEREAS, sewer easements were similarly dedicated to the
City of poway on LO.ts 1,38, 39, 42, 89, J,07, C and E. of
Tract No. 4092-1" dra'i,nage and! flowage ea'sements were dedicated
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on Lots 2" 11, 41, 47,67, 94, '95, C,,; 'E, and F of said tr,act,
(' ':' and awatet line e,a-seinent was, .dedicaTed on Lot 67 of said
, ' tract, all as per Map No.10427, and
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Resolution No. 85-062
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WHEREAS, a tentative map for the resubdivision of ,tract
4092-1 Y-(as approved by the City Council of the City of poway
on .January 8, 1985, as Tentative Tract. TTM 4092R, which map
conteritpla ted t,he real.ignm<=nt ,and renaming of the above' public
streets and the relocation or adjustment of the above open
space, equestrian and pedestrian tra'ils, water line, sewer,
drainage and flowage easements and a Negative Declaration
was issued therefore.
NOW, THEREFORE, BE IT ,RESOLVED, by the City Council of
the City of Poway as follows:
1. This summary v.~c~tion is made under the pro-
visions of Chapter 4, Part 3, Division 9 of
the Street,S,and Highways Code' of the State of
California.
2. The City Council hereby finds that:
a. The hereinbelow described streets
known as F,anch Road, windpiper Court,
Stone Point Court, Cross Fox Court,
~'" . Bended Tr.ee .Court, BarnwoodCourt,
C;:;~,i~ and Woodbarj(, Court. have been relocated
>>1, (Sec. 8330(a)).
b. The hereinbelow described rights' of
access are not required with the
resubdiviiibn of Tract 4092-1
(Sec. 8320).
c. The hereinbelow described public
service easements for open space,
equestrian and pedestrian frails,
water line, sewer, drainage and
flowage 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. 8333 (b)).
d. That alternate locations for Ranch
Road, Windpiper Court, Stone Point
Court, Cross Fox Court, Bended Tree
Cour't, Barnwobd Court, and Woodoark
Court and for the open:, sp,c.tce:, .eque's-
trian ,and pedestrian trails, Y-(at'er
(7 line, ,sewer, drainage a~d flowage
easements are to be dedlcated and
conveyed to the City of ~oway.
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2262
Resolution No. 85-062
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3. The City Council hereby declares that the
following street and public services ease-
ments are hereby vacated:
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a. Thosecertain public streets, known
as R,anch Road, Windpiper Court,
Stone Foint 'Court, Cross Fox Court,
Bended Tree Court, BarnwoodCourt,
and Woodbark Court, all within the
County of San Diego, Tract 4092-1,
recorded as Map Number 10427, on
July 13, 1982, in the Offi~e of the
County Recorder of San Diego,
California.
b. Those certain abutter's r,ights of
access as dedicated and rerinquished
and waived appurtenant to Lots 1 , 62,
67, 68, 78, 79, 89, 107, 108, 10.9, 110,
111,114,1';, B, C, and D, in and to
Espo1aRoad, and to Lots 55,57, and E,
in and to Midland road; in'c1us.ive,
C within the County' of San Diego, Tract
".':;'
':~) Number 4092-1, recorded as Map Number
10427, on July 13, 1982, in the Office
of the County Recorder of San Diego,
California.
c. Those certain easements for open space
purposes as dedicated ove~, upon, across
and under all of Lots A, B" C, D, E,
and F, and a portion of Lots 7, 20, 21,
23, 24, 25, 27, 28, 30, 31, 32, 33, 34,
35, 55, 56, 57, 58, 59, 60, '61, 62, 89,
90, 91, 92, 93, 99, 150, 105, 106, and
107, inclusive, within the County of
San Diego, Tract Number 4092-1, recorded
as Map Number 10427, ,on July 13, i982,
in the Office of the CountY Recorder of
San Diego, California.
d. Those certain easements fOlC eques,trian
and pedestrian trail purposes as dedi-
cated over portions of Lots 31, 32, 33,
34, 35, 89, 90, 91, 92, 93, 99, 100, 105,
106, and 107, inclusive, within the County
of San Diego, Tract 'Number 4092-1, recorded
C:' as Map Number 10427, on July 13, 1982 in
the Office of the County Recorder of
San Diego, California.
..' · 2263 .
" Resolution No. 85-062
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e. Those certain easements for sewer
purposes as dedicated 011 Lots 1, 38,
39, 42, 89, 107, C, and E, inclusive,
within the County_of San Diego, Tract
4092-1, recorded as Map Number 10427,
on July 13, 1982, in the Office of the
County Rec'6rder o'f San Diego, California.
f. Those certain easements for drainage
and flowage' purposes as dedicated on
on Lots 2., 11, 41, 47, 67" 94, 95, C,
E, and F, inclusive, within the County
of San Diego, Tract 4092-1, recorded
as Map Numper 10427, on July 13, 1982,
in the Office of the County Recorder
of San Diego, California.
g. That certain easement for water line
purposes as dedicated on Lot 67, within
the County of San Diego, Tract 4092-1,
recorded ~s Map Number 10427, on July 13,
1982., in the Office of 'the County Recorder
_ C '. of San Diego, California.
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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 6ffice of the
County Recorder of San Diego County in accordance
with the provisions of S~ction 8336(a) of the
Streets and Highways Code, only upon the concurrent
recordation of the final map of' Tentative Tract
Map No. 4092R.
PASSED AND ADOPTED by the City Council of the City of
Poway, California, at a regular meeting thereof this 20th
day of August, 1985.
Robert C.
~ATTEST'- '--,-
I hereby ~erlify that tile above
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