Res 83-004RESOLUTION NO. 83-004
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ORDERING THE SUMMARY VACATION OF
AN EASEMENT FOR EQUESTRIAN TRAILS,
LOCATED IN THE CULEBRA HILLS SUBDIVISION,
TENTATIVE MAP NO. TM 3864
(VACATION - VAC 82-05)
WHEREAS, the City Council of the City of Poway desires to
summarily vacate an equestrian trail easement, in accordance with the
procedures provided therefor in Chapter 4, Part 3, Division 9 of the
Streets & Highways Code of the State of California; and
WHEREAS, said equestrian easement was granted to the County
of San Diego, by certificate on San Diego County Tract 3864, recorded
as Map No. 9766 on August 20, 1980 in the Office of the County Recorder
of San Diego County; and
WHEREAS, upon incorporation on December 1, 1980, the City of
Poway became the successor in interest to the County of San Diego on
the said equestrian easement; and
WHEREAS, the removal of this easement from the open space
floodplain area will prevent possible damage or degredation of that
area and is therefore categorically exempt under the California
Environmental Quality Act (CEQA); and
WHEREAS, owner of easement proposed to be vacated has agreed
to dedicate alternate easements;
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 & Highways Code of the
State of California.
2. The City Council hereby finds that (a) the hereinbelow
described equestrian easement was acquired less than five years and more
than one year immediately preceding the date of this resolution, and
(b) the hereinbelow described equestrian easement has not been in
continuous use since its acquisition.
3. That alternate equestrian easements are to be conveyed to
the City which are located in more desirable and usable locations.
4. That this vacation is categorically exempt from the pro-
vision of the California Environmental Quality Act.
RESOLUTION NO. 83-004
Page 2
5. The City Council hereby declares that the following
described equestrian easement is hereby vacated:
That certain easement for equestrian trail purposes
is dedicated on County of San Diego Tract 3864, recorded
as Map No. 9766 on August 20, 1980 in the Office of the
County Recorder of San Diego County, California.
Said easement affects lots 54, 55, 59, 60, and 63 of
said tract. (Assessor Parcel No. 321-243-10, 09, 05,
04, and 01, respectively)
6. This vacation shall not affect any of the City's interests
or rights held in the open space and flowage interests as dedicated on
said County of San Diego Tract 3864, Map No. 9766.
7. That from and after the date this resolution is recorded,
the equestrian trail easement described above shall no longer constitute
an equestrian trail easement.
8. 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 the County of San Diego in accordance with
the provisions of Section 8336(a) of the State of California Streets &
Highways Code only upon (a) the conveyance to the City of Poway of
alternate equestrian trail easements within County Tract 3864, in an
alignment, width, and location as approved by the Director of Public
Services, and (b) the City Clerk's receipt of a written certification
from the Director of Public Services that such a conveyance has been
made.
PASSED and ADOPTED by the City Council of the City of Poway,
California, at a regular meeting thereof this 15th day of February
1983.
ATTE ST:
Marjdri~ K. Wahlsten, City Clerk
ar~ 'Sh~pardson, Mayor