Termination of Open-Space Easement 1988-612472
V, ~ ...,EE~~R9ING REQUESTED BY:..=)
.. ~:.rc, CltYO:f Poway . 0 " V456
..Z...."WHEN RECORDED, MAIL TO: ,C)
. C i{y Clerk )
City of Poway ')
P,:O,c Box, 789 )
Poway; ,CA 92061\, )
NiJ Tr-ah sfer Tax .Due )
IicOR.TITLE INSURMlCE COM~ANy'OF CAUFORNIN'E t; OWl' lON NO. 86 1 9
//~'l'7Si A RESOLUTHiN 0F .THE CITY COUNCIL OF THE
. , CALIFORNIA ORDERING THE TERMINATION OF
EASEMENT OVER, UPON, ACROSS, AND UNDER
,0F HERITAGE HILLTOP, MAP NO.
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CITY. OF POWAY,
Al-(~ OI~EN-SPACE
ALL OF LOT 27
7432
WHEREAS, the City Council of the City of poway desires to
terminate an open-space easement, in accordange with the procedures
provided therefor in Chapter 6.6, Pari l"Division lof the
Government Code of the State of California, commencing at
Sec~ion 51090, and
WHEREAS, an open-space easement waS granted, to the CO,unty
of San Diego over, upon:" across, and under all of Lot 27,
Heritage Hilltop, Map No. 7432, and
WHREAS ,the City o'f Poway became the successor. in interest
to said open-space easem'ent upon its incorporat.ion .on Decemb,er ].0,
1980, and
NOW, THEREFORE,BE IT RESOLVED, by the City Council of the
City of Poway as follows~
1. The termina,tion of an open-spacee,asement is
made under provisions of Chapter 6.6, Part 1,
Division 1 of the Government Code of the State
of California.
2. The City Council, hereby finds that:
a. No public purpose will, be served
by keeping the land as open space.
b. The abandonment is not inconsistent
.with the purp()ses of Chapter 6.6,
Part 1, D{vision 1 of the Government
Code.
c. The abandonment'is consistent with
the General Plan.
d'. The, abandonment is n'ecessary to
ayoid a substantial financial
ha':!:'dship to the landowner due 'to
involuntary factors unique to 6im.
e. The 'termination of 'said open-space'
easement will not have a significant
adverse impact on the environment and
the City Council hereby issues a
Negative Declaration.
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Res,olution No. 86-129
Page 2
3. The' City' Council hereby declares that the
opeh-s~paceeasement granted to the County
o,f San ,Diegq over, upon, across" and uhder
all of ,Lot 27 cj'f Heritage Hilltop, Map No.
7432, recorded September 13, 1972 ~n the
Office of the Recorder of San Diego County
is hereby' terminated.
4. The City Cle,t'k. bf the City of Poway ics hereby
directed to ~ause a certified copy of this
resoluticon"to be recorded in the Office of
the Recorder of S,an Diego County concurrent
with the final map recordation of that
portion of Tentati've Map No. 4l9lR (Phase A-9)
wherein a, replacement open-sp'ace easement of
equal or greater size is dedicated or after
said final map recordation, and a,fter the
abandonment fe~ has been paid in ftiil by
the landowner ~n accordance with the provisions
of Section 51094' of the Government Code,.
/
PASSED AND ADOPTED by the City ,Council ,of the City of Poway,
California, at a regular meeting thereof this 25th day of
November, 1986.
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Bruce! Tarzy, Mayor
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ATTEST':
) ) \'~t_'.L. ;'L~,-, k', :)\)"i_ i\--~~:~\_~
Marjorie K. Wahlsten" City Clerk
I hereby certily, under the penalty
'01 perjury. lhal the above and
foregoin!! ;. a true and corred
CIlpy 01 Resolution,No::f~-J~r,
Ai ado~(.{-by) ihe-OtytCoiIndl of
'~" '~ ;;ZS6(
/'owa / - rnia on ihe '
day,ol" '19ifL,
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WAHlS EN,(;ny,ClERK
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