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~