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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. ge 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