Res 85-101RESOLUTION NO. 85-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA ORDERING THE SUM/VLARY VACATION
OF RIVER BEND ROAD, RAINDROP ROAD, RIVER ROCK LANE,
WEST BANK LANE, WATER JUMP LANE, AND ENTRE ROAD,
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, SEWER, DRAINAGE,
CLEAR SPACE, AND FLOWAGE PURPOSES, AS DEDICATED BY
COUNTY OF SAN DIEGO'S TRACT NO. 4093-1, MAP NO. 10429
(VACATION VAC 85-0~)
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, River Bend Road, Raindrop Road, River Rock Lane,
West Bank Lane, Water Jump Lane, and Entre Road, all public
streets, were dedicated to the City of Poway by the approval
and recordation of Tract No. 4093-1, as per Map No. 10429, 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 E, 33, 34, 43, 45, 46, 70, and 71 of Tract
No. 4093-1 in and to Espola Road, and to Lots A, B, 6, and 67
of Tract No. 4093-1 in and to Lake Poway Road, all as per Map
No. 10429, 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, F, G, H, and 71, and a portion of Lots 11, 12, and 13
of Tract No. 4093-1, all as per Map No. 10429, and
WHEREAS, equestrian and pedestrian trail easements were
similarly dedicated to the City of Poway over portions of Lots
A, H, 1, and 71 of Tract No. 4093-1, all as per Map No. 10429, and
WHEREAS, a sewer easement was similarly dedicated to the
City of Poway on Lots 24 and 33 of Tract No. 4093-1. Drainage
and flowage easements were dedicated on Lots B, C, D, E, F, G,
11, 12, 13, 33, and 34 of said tract, all as per Map No. 10429, and
WHEREAS, clear space easements were similarly dedicated to
the City of Poway over portions of Lots 6, 36, and 67 of Tract
No. 4093-1, all as per Map No. 10429, and
WHEREAS, a tentative map for the resubdivision of Tract 4093-1
was approved by the City Council of the City of Poway on April 9,
1985, as Tentative Tract TTM 4093R, which map contemplated the
realignment and renaming of the above public streets and the
Resolution No.85-101
Page 2
relocation or adjustment of the above open space, equestrian and
pedestrian trails, sewer, drainage, clear space, and flowage
easements, and
WHEREAS, conditions and issues addressed in the Environmental
Impact Report for the original Tract No. 4093-1 have been carried
over and considered on Tentative Tract Map 4093R 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 River Bend Road, Raindrop Road, River
Rock Lane, West Bank Lane, Water Jump Lane,
and Entre Road have been relocated (Sec.
8330(a)).
The hereinbelow described rights of
access are not required with the
resubdivision of Tract 4093-1
(Sec. 8320).
Ce
The hereinbelow described public service
easements for open space, equestrian and
pedestrian trails, sewer, clear space,
flowage, 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. 833(b)).
de
That alternate locations for River Bend
Road, Raindrop Road, River Rock Lane,
West Bank Lane, Water Jump Lane, and
Entre Road, and for the open space,
equestrian and pedestrian trails, clear
space, flowage, sewer, and drainage
easements are to be dedicated and conveyed
to the City of Poway.
e
Resolution No. 85-101
Page 3
The City Council hereby declares that the following
street and public service easements are hereby
vacated:
Those certain public streets, known as
River Bend Road, Raindrop Road, River
Rock Lane, West Bank Lane, Water Jump
Lane, and Entre Road, all within the
County of San Diego, Tract 4093-1,
recorded as Map No. 10429, oh July 13,
1982, in the Office of the County
Recorder of San Diego, California.
DJ
Those certain abutter's rights of access
as dedicated and relinquished and waived
appurtenant to Lots E, 33, 34, 43, 45,
46, 70, and 71, in and to Espola Road,
and to Lots A, B, 6, and 67, in and to
Lake Poway Road, inclusive, within the
County of San Diego, Tract No. 4093-1
recorded as Map No. 10429 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 A, B, C, D, E, F, G, H, and 71,
and a portion of Lots 11, 12, and 13,
inclusive, within the County of
San Diego, Tract No. 4093-1 recorded
as Map No. 10429, 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 A, H, 1, and 71 of Tract No. 4093-1,
inclusive, within the County of San Diego,
Tract No. 4093-1, recorded as Map No.
10429, on July 13, 1982, in the Office
of the County Recorder of San Diego,
California.
Resolution No. 85-101
Page 4
e
ee
That certain public service easement
for sewer purposes as dedicated on
Lots 24 and 33, within the County of
San Diego, Tract No. 4093-1, recorded
as Map No. 10429, on July 13, 1982, in
the Office of the County Recorder of
San Diego, California.
fe
Those certain public service easements
for drainage and flowage purposes as
dedicated on Lots B, C, D, E, F, G,
11, 12, 13, 33, and 34, inclusive,
within the County of San Diego, Tract
No. 10429, on July 13, 1982, in the
Office of the County Recorder of
San Diego, California.
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Those certain public service easements
for clear space purposes as dedicated
on Lots 6, 36, and 67, within the County
of San Diego, Tract No. 4093-1, recorded
as Map No. 10429, 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. 4093R.
PASSED AND ADOPTED by the City Council of the City of Poway,
California, at a regular meeting thereof this 17th day of December,
Carl R. Kruse, Mayor
ATTEST:
M~jor-le ~. W~ls'te~, Ci~ Clerk