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Res 85-074RESOLUTION NO.85-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION OF ENTRY GATE ROAD, MORNING AIR ROAD, HILLBRIDGE ROAD, HIGH HILL LANE, TWISTED BRANCH LANE, AND SUMMER SAGE LANE, THE ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO CERTAIN LOTS IN AND TO ESPOLA ROAD AND LAKE POWAY ROAD, AND CERTAIN PUBLIC SERVICE EASEMENTS FOR OPEN SPACE, EQUESTRIAN AND PEDESTRIAN TRAILS, WATER LINE, DRAINAGE, AND FLOWAGE PURPOSES, AS DEDICATED BY COUNTY OF SAN DIEGO'S TRACT NO. 4090-1, MAP NO. 10428 (VACATION VAC 85-03) 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, Entry Gate Road, Morning Air Road, Hillbridge Road, High Hill Lane, Twisted Branch Lane, and Summer Sage Lane, all public streets, were dedicated to the City of Poway by the approval and recordation of Tract No. 4090-1, as per Map No. 10428, recorded on July 13, 1982, and WHEREAS, the abutter's rights of access were similarly dedicated and relinquished and waived to the City of Poway appurtenant to Lots 52, 82, A, B, and C of Tract No. 4090-1 in and to Espola Road, and to Lots 1, 2, 3, 4, 5, 6, 81, 82, and 88 of Tract No. 4090-1 in and to Lake Poway Road, all as per Map No. 10428, and WHEREAS, open space easements were similarly dedicated to the City of Poway over, upon, across and under all of Lots A, B, C, and 88, and a portion of Lots 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, and 52 of Tract No. 4090-1, all as per Map No. 10428, and WHEREAS, equestrian and pedestrian trail easements were similarly dedicated to the City of Poway over portions of Lots B, 1, 2, 3, 4, 5, 6, 74, 75, 77, 78, 79, 89, 81, 82, and 83 of Tract No. 4090-1, all as per Map No. 10428, and WHEREAS, a sewer easement was simiarly dedicated to the City of Poway on Lot C of Tract No. 4090-1, drainage easements were dedicated on Lots B, C, 6, 13, 28, 31, 36, 44, 52, 62, 64, and 88 of said tract, and a water line easement was dedicated on Lot C of said tract, all as per Map No. 10428, and WHEREAS, a tentative map for the resubdivision of Tract 4090-1 was approved by the City council of the City of Poway on April 9, 1985, as Tentative Tract TTM 4090R, which map contemplated the realignment and renaming of the above public streets and the RESOLUTION NO.85-074 PAGE 2 relocation or adjustment of the above open space, equestrian and pedestrian trails, water line, sewer, and drainage easements, and WHEREAS, conditions and issues addressed in the Environmental Impact Report for the original Tract No. 4090-1 have been carried over and considered on Tentative Tract Map 4090R and no further environmental consideration is required by the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: This summary vacation is made under the provisions 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 Entry Gate Road, Morning Air Road, Hillbridge Road, High Hill Lane, Twisted Branch Lane, and Summer Sage Lane have been relocated (Sec. 8330(a)). bo The hereinbelow described rights of access are not required with the resubdivision of Tract 4090-1 (Sec. 8320). The hereinbelow described public service easements for open space, equestrian and pedestrian trails, water line, sewer, and drainage 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)) . That alternate locations for Entry Gate Road, Morning Air Road, Hillbridge Road, High Hill Lane, Twisted Branch Lane, and Summer Sage Lane, and for the open space, equestrian and pedestrian trails, water line, sewer, and drainage easements are to be dedicated and conveyed to the City of Poway. RESOLUTION NO. 85-074 PAGE 3 3e The City Council hereby declares that the following street and public service easements are hereby vacated: Se Those certain public streets, known as Entry Gate Road, Morning Air Road, Hillbridge Road, High Hill Lane, Twisted Branch Lane, and Summer Sage Lane, all within the County of San Diego, Tract 4090-1, recorded as Map No. 10428, on July 13, 1982, in the Office of the County Recorder of San Diego, California. be Those certain abutter's rights of access as dedicated and relinquished and waived appurtenant to Lots 52, 82, A, B, and C, in and to Espola Road, and to Lots 1, 2, 3, 4, 5, 6, 81, 82, and 88, in and to Lake Poway Road, inclusive, within the County of San Diego, Tract No. 4090-1, recorded as Map No. 10428, on July 13, 1980, in the Office of the County Recorder of San Diego, California. Ce Those certain public service easements for open space purposes as dedicated over, upon, across, and under all of Lots A, B, C, and 88, and a portion of Lots 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, and 52, inclusive, within the County of San Diego, Tract No. 4090-1, recorded as Map No. 10428, on July 13, 1982, in the Office of the County Recorder of San Diego, California. de Those certain public service easements for equestrian and pedestrian trail purposes as dedicated over portions of Lots B, 1, 2, 3, 4, 5, 6, 74, 75, 77, 78, 79, 80, 81, 82, and 83 of Tract No. 4090-1, inclusive, within the County of San Diego, Tract No. 4090-1, recorded as Map No. 10428, on July 13, 1982, in the Office of the County Recorder of San Diego, California. RESOLUTION NO. 85-074 PAGE 4 That certain public service easement for sewer purposes as dedicated on Lot C, within the County of San Diego, Tract No. 4090-1, recorded as Map No. 10428, on July 13, 1985, in the Office of the County Recorder of San Diego, California. fo Those certain service easements for drainage purposes as dedicated on Lots B, C, 6, 13, 28, 31, 36, 44, 52, 62, 64, and 88, inclusive, within the County of San Diego, Tract No. 4090-1, recorded as Map No. 10428, on July 13, 1985, in the Office of the County Recorder of San Diego, California. That certain public service easement for water line purposes as dedicated on Lot C, within the County of San Diego, Tract No. 4090-1, recorded as Map No. 10428, 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 con- current recordation of the final map of Tentative Tract Map No. 4090R. PASSED AND ADOPTED by the City Council of the City of Poway, California, at a regular meeting thereof this 3rd day of October, 1985. ATTEST: Robert C. Emery, Ma/rr~ Marjori9 K. Wahlsten, City Clerk