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