Vacation 88-11 1988-516550/"r-...~
-;=-.. .,./
.
1297
.' 88 5' 6550
"'.-;'.
RECORDING REQUESTED BY:
)
)
)
)
)
)
)
)
)
)
)
t-....:...... FtC~;~C;~:D ;u ---,
f ~?rt~t~;-~;1!\ :~! ~~~'-::-5}t~Pf~,j~ I
City of Poway
WHEN RECORDED, MAIL TO:
City Cl erk
City of Poway
P.O. Box 789
Poway. CA 92064
C, JtOf'T ',! A~, q: n 4'
.'\,; "oJ, I r~' ... '"'"
i VE~:.'~. L.:....y'LE I
I J~"".,-."t ...,~,-.,-,~-,~"
L.....:::.:;.':~; r l~Z :-,U;iU~
No Transfer Tax Due
(ThiS space for Recorder's use) NO FEe
SUMMARY VACATION
By the attached Resolution No. 88-113, the City of Poway, a municipal cor-
poration, ordered the summary vacation of abutters' rights of access apurtenant
to portions of Lots 109 and 110 in and to Heath Drive as dedicated by the recor-
dation of the final map of County of San Diego Tract 3503-2, Map No. 9256:
located at the northern extension of Heath ive. (Vacation 88-11)
~
Deputy Mayor
'oh~~ j( tW~L
Marjorie '. Wahlsten, City Clerk
~ :
----
State of California)
) ss.
County of San Diego)
On this the ~z( day of October, 1988, before me,
C7HY ~olV4w
the undersigned Notary Public, personally appeared Carl R. Kruse and Marjorie
K. Wahlsten, personally known to me to be the persons who executed the within
instrument as Vice President and Secretary of the municipal corporation named
herein. Witness my hand and official seal.
fj",.,, OFFICIAL SEAL
, ' ,'CATHY BROKAW"
6 Notary Pul>IIc-C8IIfomfa
, . SAN DIEGO lXlUN1Y
My Conm, El<p, """, 21, 1889
~fi~
r
" ./".::"
~.....~,.t
~
r
[
I:.......:
i
I
. - 1298
- 1 t' 88-113
Reso 'U lon No.
.
ARESotUTION, OF THE CITY COUNCIL OF THE CITY, OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION
OF ,ABUTTERS' RIGHTS 'OF ACCESSAP,PU'RTENANT TO POR'I'I CJNS OF
LOTS 1.0'9 .AND'lib IN AND TO HEATH DRIVE AS DEDICATED
BY . THE' .RECORDATION OF THE FINAL MAP OF COUNTY OF SAN DIEGO
TRACT .3503-2,MAP NO. 9256
(VACATION 88-11)
WHER'EAS, the City ,council of the City of poway desires to sum~
marily vaca:te a cert'{l.:Ln public service easemehtih accordarice:with
fhe procedures provided in Chapter 4, Part 3, Division 9 of the'
Streets. and Highways Code of the state of California, commencing at
Section 83;30; and '
WHEREAS, the abutters.! rights of access appurtenant to portions
'of Lo:tsl 109 and 110 of County of San Diego Tract 3503-2, Map No.
9,256 .in and to ,Heath Drive was dedicated to the public through the
Bbard: of Supervisors of sal'\ D'iego County by. the recordatiqn of the
final map of said Map !lo. 9256 on June 20, 1979 in the Office of
the San Diego Counj;y'R,ecorder; and
WHEREAS" said abu(ters' rights were violated and its use
r:estriction was deerned to be terminated by the improvement and sub-
sequent use of the 'private portion. and northerly extension of Heath
Drive for ingress and egress; and
WHEREAS, upon incorporation on December 1, 1980, the City ,of
poway became the successor in interest to the .county of Sari Diego
for said abutters' tights of access.
NOW ,THEREFORE" BE IT RESOLVED by the City Council of the City
of poway as follow,s:
1. This summary vacation is made under the provisions of
Chapter 4, Part 3, Division 9 of the ~treets and Highways
Code of the State .of California.
2. The City COllncil hereby finds that the hereinbelow abutters'
rights of access appur't,enant to portions of Lots 109 and 110
of County of San Diego Tract 3503-2, Map No. 9256 in and to
Hea,thD,r iyehas .iti? use restr"j,ct'ion, terminated,. Le., it, hasl
!lot ,b,een llsed,t'or 'theptitp6se fot 'whiCh it was dedicated ''or
acquir,ed fot five,c6nsecii'tive yeats irilinediately preceding
the proposed vacation (S'ectiori "83 33a) .
3. The City Council hereby declares, that the abutters' rights
of acce,ss appurten'ant to portions of Lots 109 and 110 of
County' of San Diego Tract 3503-2, Map No. 9256 is h.ereby
vacated..
4. The Ci,ty, Clerk of the City of Poway is hereby directed to
cause a. certified copy of this resolU'tion to be recorded in
the office of the Recorder of San D:i!ego county in accordance
with the provisiohs of Chapter 4, Par,t 3, Division .9 of the
Streets and' Highways Code'commencing at Section 8330.
.=- .("".?f;~ _.'
;", :;--:
~ .
r-
[- ,
.
1299
.
Resolution No. 88-113
Page 2
pASSED, ADOPTED AND APPROVED, by the City Council of the CitY,
~of P,?way, California, at a regular meeting thereof this 4 thday of
october, 1988.
~
ATTEST:
"in Cl.A~k J(J%J;~
Marj orie\K. wahlsten", City Clerk
\J;
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, Marjorie K.Wahlsten, City Clerk of .the City of Poway, do
hereby certify under, penalty of perjury that the foregoing
Resolution No. 88- 113 'was duly adopted by the City Council at a
meeting of said City Council held on the 4th day of October, 1988,
and that it was so adopted by the following vote:
AYES:
BRANNON, HIGGINSON, KRUSE, TARZY
NOES:
NONE
ABSTAIN:
NONE'
ABSENT:
EMERY
"II,...;. .," '1/ =,1'/ ..L
. u,( )~'k ,-,./-I \!'{j4.J.,u.;,
Mar)orie\K. wahlsten, City Clerk
Ci ty' 01\ poway
,