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Res 85-077RESOLUTION NO. 85-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION OF CAMPFIRE ROAD, CAMELBACK ROAD, ALTA MIRA PLACE, STARTING GATE ROAD, WILDGROVE LANE, FUENTE LANE, TRAIL WIND LANE, AND WALKING STICK LANE, THE ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO CERTAIN LOTS IN AND TO ESPOLA ROAD AND LAKE POWAY ROAD, CERTAIN PUBLIC SERVICE EASEMENTS FOR OPEN SPACE, EQUESTRIAN AND PEDESTRIAN TRAILS, WATER LINE, CLEAR SPACE, SEWER, AND DRAINAGE PURPOSES, AS DEDICATED BY COUNTY OF SAN DIEGO TRACT NO 4091, MAP NO. 10430, AND A WATER MAIN EASEMENT AND A DRAINAGE EASEMENT, ALL WITHIN TRACT NO. 4091 (VACATION VAC 85-04) 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 therefor in Chapter 2, Part 3, Division 9, of the Streets and Highways Code of the State of California, commencing at Section 8320, and WHEREAS, Campfire Road, Camelback Road, Alta Mira Place, Starting Gate Road, Wildgrove Lane, Fuente Lane, Trail Wind Lane, and Walking Stick Lane, all public streets, were dedicated to the City of Poway by the approval and recordation of Tract No. 4091, as per Map No. 10430, 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 1, 55, 56, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, and 71 of Tract No. 4091 in and to Espola Road, and to Lots 43, 44, 53, 54, and 55 of Tract No. 4091 in and to Lake Poway Road, all as per Map No. 10430, and WHEREAS, open space easements were similarly dedicated to the City of Poway, over, upo~ across, and under all of Lots 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, ~9, 40,:41, 42, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 134, 135,'~36, 137, 138, 139, 140, 141, 142, 143, and 144 of Tract No. 4091, all as per Map no. 10430, and ReSolution No. 85-077 Page 2 WHEREAS, equestrian and pedestrian trail easements were similarly dedicated to the City of Poway over portions of Lots 8, 9, 10, 11, 12, 13, 14j 15, 16, 17,50, 51, 52, 53, 75, 88, 93, 94, 95, 102, and 103 of Tract No. 4091, all as per Map No. 10430, and WHEREAS, water line easements were similarly dedicated to the City of Poway on Lots 17 and 62 of Tract No. 4091, all as per Map No. 10430, and WHEREAS, clear space easements for vehicular sight dis- tances were similarly dedicated on Lots 72 and 90 of Tract No. 4091, all as per Map No. 10430, and WHEREAS, a sewer easement was similarly dedicated on Lot 61 of Tract No. 4091, per Map No. 10430, and WHEREAS, drainage easements were similarly dedicated on Lots 6, 7, 31, 34, 61, 107, 110, 123, 129, 137, and 139 of Tract No. 4091, all as per Map No. 10430, and WHEREAS, by separate instruments, a water line easement across Starting Gate Road and Camelback Road and a drainage easement across Lots 41 and 42 were granted to the City of Poway and recorded on January 7, 1982 and July 13, 1982, respectively, and WHEREAS, a tentative map for the resubdivision of Tract 4091 was approved by the City Council of the City of Poway on July 2, 1985, as Tentative Tract TTM 4091R, which map con- templates 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, clear space, sewer, and drainage easements, and WHEREAS, conditions and issues addressed in the Environ- mental Impact Report for the original Tract No. 4091 have been carried over and considered on Tentative Tract Map 4091R and no further environmental consideration is required by the California Environmental Quality Act. NOW, T~EREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: Resolution No.85-077 Page 3 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 Campfire Road, Camelback Road, Alta Mira Place, Starting Gate Road, Wildgrove Lane, Fuente Lane, Trail Wind Lane, and Walking Stick Lane have been relocated (Sec. 8330(a). be The hereinbelow described rights of access are not required with the resubdivision of Tract 4091 (Sec. 8320). The hereinbelow described public service easements for open space, equestrian and pedestrian trails, water line, clear space, sewer, and drainage purposes were acquired less than five years and more than one year immediately preceding the date of this reso- lution, and they have never been in continuous use since their acquisition (Sec. 8333(b). That alternate locations for Campfire Road, Camelback Road, Alta Mira Place, Starting Gate Road, Wildgrove Lane, Fuente Lane, Trail Wind Lane, and Walking Stick Lane, and for the open space, equestrian and pedestrian trails, water line, clear space, sewer, and drainage 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: a. Those certain public streets known as Camelback Road, Alta Mira Place, Starting Gate Road, Wild- grove Lane, Fuente Lane, Trail Wind Lane, and Walking Stick Lane, all within the Coun~of San : Diego, Tract No. 4091, recorded as Map No. 10430, on July 13, 1982, in the Office of the County Recorder of San Diego, California. · Resolution No. 85-077 Page 4 bo do se Those certain abutter's rights of access as dedicated and relinguished and waived ap- purtenant to Lots 1, 55, 56, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, and 71, in and to Espola Road, and to Lots 43, 44, 53, 54, and 55, in and to Lake Poway Road, in- clusive, within the County of San Diego Tract No 4091, recorded as Map No. 10430, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain public service easements for open space purposes as dedicated over, upon, across, and under all of Lots 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, and 144, inclusive, within the County of San Diego, Tract No. 4091, recorded as Map No. 10430 on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain public service easements for equestrian and pedestrian trail purposes as dedicated over portions of Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 50, 51, 52, 53, 75, 88, 93, 94, 95, 102, and 103 of Tract No. 4091, in- clusive, within the County of San Dieg~ Tract No. 4091, recorded as Map No. 10430, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain public service easements for water line purposes as dedicated on Lots 17 and 62, inclusive, within the County of San Diego, Tract No. 4091, recorded as Map No. 10430, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Resolution No. 85-077 Page 5 fo ge Those certain public service easements reserved for clear space for vehicular sight distances as dedicated on Lots 72 and 90, inclusive, within the County of San diego, Tract No. 4091, recorded as Map No. 10430, on July 13, 1982, in the Office of the County Recorder of San Diego, California. That certain public service easement for sewer purposes as dedicated on Lot 61, within the County of San Diego, Tract No. 4091, recorded as Map No. 10430, on July 13, 1982, in the Office of the County Recorder of San Diego, California. Those certain public service easements for drainage purposes as dedicated on Lots 6, 7, 31, 34, 61, 107, 110, 123, 129, 137, and 139, inclusive, within the County of San Diego, Tract No. 4091, recorded as Map No. 10430 on July 13, 1982, in the office of the County Recorder of San Diego, California. That certain public service easement for 'water main purposes over Starting Gate Road and Camelback Road of County of San Diego Tract No. 4091, as conveyed to the City of Poway by instrument recorded as File/Page No. 82-003496 on January 7, 1982, in the Office of the County Recorder of San Diego, California. That certain public service easement for drainage purposes on Lots 41 and 42 of County of San Diego Tract No. 4091, as conveyed to the City of Poway by instrument recorded as File/Page No. 82-215122 on July 13, 1982, in the office of the County Recorder of San Diego, California. Resolution No. 85-077 Page 6 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. 4091R. PASSED AND ADOPTED by the City Council of the City of Poway, California, of a regular meeting thereof this 17th day of October, 1985. ATTEST: ~ Marjor~e K. Wahlsten, City Clerk