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Res 85-062Resolution No. 85-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION OF RANCH ROAD, WINDPIPER COURT, STONE POINT COURT, CROSS FOX COURT, BENDED TREE COURT, BARNWOOD COURT, AND WOODBARK COURT, THE ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO CERTAIN LOTS IN AND TO ESPOLA ROAD AND MIDLAND ROAD, AND CERTAIN EASEMENTS FOR OPEN SPACE, EQUESTRIAN AND PEDESTRIAN TRAILS, WATER LINE, SEWER, DRAINAGE, AND FLOWAGE PURPOSES, AS DEDICATED BY COUNTY OF SAN DIEGO'S TRACT NO. 4092-1, MAP NO. 10427 (VACATION VAC. 85-02) WHEREAS, the City Council of the City of Poway desires to summarily vacate certain streets and public service easements, in accordance with the procedures provided therefore in Chapter 2, Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8320, and WHEREAS, Ranch Road, Windpiper Court, Stone Point Court, Cross Fox Court, Bended Tree Court, Barnwood Court, and Woodbark Court, all public streets, were dedicated to the City of Poway by the approval and recordation of Tract No. 4092-1, as per Map No. 10427, recorded on July 13, 1982, and WHEREAS, the abutter's rights of access were similarly dedicated and relinguished and waived to the City of Poway appurtenant to Lots 1, 62, 67, 68, 78, 79, 89, 107, 108, 109, 110, 111, 114, A, B, C, and D of Tract No. 4092-1 in and to Espola Road, and to Lots 55, 57, and E of Tract No. 4092-1 in and to Midland Road, all as per Map No. 10427, and WHEREAS, open space easements were similarly dedicated to the City of Poway over, upon, across and under all of Lots A, B, C, D, E, and F, and a portion of Lots 7, 20, 21, 23, 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 55, 56, 57, 58, 59, 60, 61, 62, 89, 90, 91, 92, 93, 99, 100, 105, 106, and 107 of Tract No. 4092-1, all as per Map No. 10427, and WHEREAS, equestrian and pedestrian trail easements were similarly dedicated to the City of Poway over portion of lots 31, 32, 33, 34, 35, 89, 90, 91, 92, 93, 99, 100, 105, 106, and 107 of Tract No. 4092-1, all as per Map No. 10427, and WHEREAS, sewer easements were similarly dedicated to the City of Poway on Lots 1, 38, 39, 42, 89, 107, C and E of Tract No. 4092-1, drainage and flowage easements were dedicated on Lots 2, 11, 41, 47, 67, 94, 95, C, E, and F of said tract, and a water line easement was dedicated on Lot 67 of said tract, all as per Map No. 10427, and Resolution No. 85-062 Page 2 WHEREAS, a tentative map for the resubdivision of tract 4092-1 was approved by the City Council of the City of Poway on January 8, 1985, as Tentative Tract TTM 4092R, which map contemplated the realignment and renaming of the above public streets and the relocation or adjustment of the above open space, equestrian and pedestrian trails, water line, sewer, drainage and flowage easements and a Negative Declaration was issued therefore, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: This summary vacation is made under the pro- visions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. 2. The City Council hereby finds that: The hereinbelow described streets known as Ranch Road, Windpiper Court, Stone Point Court, Cross Fox Court, Bended Tree Court, Barnwood Court, and Woodbark Court have been relocated (Sec. 8330(a)). The hereinbelow described rights of access are not required with the resubdivision of Tract 4092-1 (Sec. 8320). C · The hereinbelow described public service easements for open space, equestrian and pedestrian trails, water line, sewer, drainage and flowage 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 (Sec. 8333(b)). de That alternate locations for Ranch Road, Windpiper Court, Stone Point Court, Cross Fox Court, Bended Tree Court, Barnwood Court, and Woodbark Court and for the open space, eques- trian and pedestrian trails, water line, sewer, drainage and flowage easements are to be dedicated and conveyed to the City of Poway. Resolution No. 85-062 Page 3 The City Council hereby declares that the following street and public services ease- ments are hereby vacated: Thosecertain public streets, known as Ranch Road, Windpiper Court, Stone Point Court, Cross Fox Court, Bended Tree Court, Barnwood Court, and Woodbark Court, all within the County of San Diego, Tract 4092-1, recorded as Map Number 10427, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain abutter's rights of access as dedicated and relinquished and waived appurtenant to Lots 1, 62, 67, 68, 78, 79, 89, 107, 108, 109, 110, 111, 114, A, B, C, and D, in and to Espola Road, and to Lots 55, 57, and E, in and to Midland road, inclusive, within the County of San Diego, Tract Number 4092-1, recorded as Map Number 10427, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain easements for open space purposes as dedicated over, upon, across and under all of Lots A, B, C, D, E, and F, and a portion of Lots 7, 20, 21, 23, 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 55, 56, 57, 58, 59, 60, 61, 62, 89, 90, 91, 92, 93, 99, 150, 105, 106, and 107, inclusive, within the County of San Diego, Tract Number 4092-1, recorded as Map Number 10427, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain easements for equestrian and pedestrian trail purposes as dedi- cated over portions of Lots 31, 32, 33, 34, 35, 89, 90, 91, 92, 93, 99, 100, 105, 106, and 107, inclusive, within the County of San Diego, Tract Number 4092-1, recorded as Map Number 10427, on July 13, 1982 in the Office of the County Recorder of San Diego, California. Resolution No. 85-062 Page 4 Se Those certain easements for sewer purposes as dedicated on Lots 1, 38, 39, 42, 89, 107, C, and E, inclusive, within the County of San Diego, Tract 4092-1, recorded as Map Number 10427, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain easements for drainage and flowage purposes as dedicated on on Lots 2, 11, 41, 47, 67, 94, 95, C, E, and F, inclusive, within the County of San Diego, Tract 4092-1, recorded as Map Number 10427, on July 13, 1982, in the Office of the County Recorder of San Diego, California. That certain easement for water line purposes as dedicated on Lot 67, within the County of San Diego, Tract 4092-1, recorded as Map Number 10427, on July 13, 1982, in the Office of the County Recorder of San Diego, 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 accordance with the provisions of Section 8336(a) of the Streets and Highways Code, only upon the concurrent recordation of the final map of Tentative Tract Map No. 4092R. PASSED AND ADOPTED by the City Council of the City of Poway, California, at a regular meeting thereof this 20th day of August, 1985. Robert C.-Emery,~ / ATTEST: Marjor~e\K. Wahlsten, City Clerk