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