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Res 84-076RESOLUTION NO. 84-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION OF RUTA DEL OLIVAR AND CERTAIN EASEMENTS FOR EQUESTRIAN TRAIL PURPOSES AND DRAINAGE PURPOSES, AS DEDICATED BY COUNTY OF SAN DIEGO TRACT NO. 3842, MAP NO. 9770, AND A WATER LINE EASEMENT, ALL WITHIN TRACT NO. 3842-2 (VACATION VAC 84-04) WHEREAS, the City Council of the City of Poway desires to summarily vacate certain street and public service easements, in accordance with the procedures provided therefor in Chapter 4, Part 3, Division 9 of the Streets & Highways Code of the State of California, commencing at Section 8330, and WHEREAS, Ruta del Olivar, a public street, was dedicated to the County of San Diego by the approval and recordation of Tract No. 3842-2, as per Map No. 9770, recorded on August 26, 1980, and WHEREAS, equestrian trail easements were similarly dedicated to the County of San Diego across Lots 48 through 57 of Tract No. 3842-2, and a drainage easement was dedicated on Lot 59 of said tract, all as per Map No. 9770, and WHEREAS, by separate instrument, a water line easement across Lots 52 and 54 of Tract No. 3842-2 was granted to the Poway Municipal Water District, and recorded on May 16, 1980, and WHEREAS, upon incorporation on December 1, 1980, the City of Poway became the successor in interest to the County of San Diego and the Poway Municipal Water District for the above street and public service easements, and WHEREAS, a tentative map for the resubdivision of a portion of Tract No. 3842-2 was approved by the City Council of the City of Poway on December 8, 1981, as Tentative Tract Map No. TTM 81-01 which map contemplated the realignment of Ruta del Olivar and the relocation or adjustment of the above equestrian, drainage, and water line easements, and a Negative Declaration was issued therefor, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: RESOLUTION NO. 84-076 Page 2 This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Street and Highways Code of the State of California. 2. The City Council hereby finds that: The hereinbelow described street known as Ruta del Olivar, has been relocated (Sec. 8330(a)) The hereinbelow described public service easements for equestrian trail, drainage, and water line 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 (Section 8333(b)). That alternate locations for Ruta del Olivar and for the equestrian trail, drainage, and water line easements are to be dedicated and conveyed to the City of Poway. The City Council hereby declares that the following street and public service easements are hereby vacated: That certain public street, known as Ruta del Olivar, within County of San Diego, Tract No. 3842-2, recorded as Map No. 9770, on August 26, 1980, in the office of the County Recorder of San Diego, California. Those certain easements for equestrian trail purposes as dedicated on Lots 48 through 57, inclusive, within County of San Diego Tract No. 3842-2, recorded as Map No. 9770, on August 26, 1980, in the office of the County Recorder of San Diego, California. RESOLUTION NO. 84-076 Page 3 That certain easement for water line purposes on Lots 52 and 54 of County of San Diego Tract No. 3842-2, as conveyed to the Poway Municipal Water District by instrument recorded as File/Page No. 80-162443 on May 16, 1980, in the office of the County Recorder, of San Diego County, California. 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 accord- ance with the provisions of Section 8336(a) of The Streets and Highways Code, only upon the concurrent recordation of the final map of unit 1 of Tentative Tract Map No. TTM 81-01. PASSED AND ADOPTED by the City Council of the City of Poway, California, at a regular meeting thereof this llth day of September , 1984. ATTEST: ~rjor~~te~erk Bruce Tarz ,~May~