Res 86-011RESOLUTION NO.86-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA ORDERING THE SUMMARY VACATION OF A STREET
RESERVATION AND A SEWER EASEMENT, BOTH ALONG LOTS 42
AND 43 OF THE COUNTY OF SAN DIEGO TRACT NO 3842-2, MAP NO. 9770
(VACATION VAC 86-03)
WHEREAS, the City Council of the City of Poway desires to
summarily vacate a street reservation and a public service easement
in accordance with the procedures provided therefor in Chapter 4,
Part 3, Division 9 of the Streets and Highways Code of the State of
California, commencing at Section 3880, and
WHEREAS, a street was reserved and dedicated to the County of
San Diego by the approval and recordation of Tract No. 3842-2, as
per Map No. 9770, recorded on August 26, 1980, and
WHEREAS, by separate instrument, a sewer easement along Lots
42 and 43 of Tract No. 3842-2 was granted to Pomerado County Water
District, and recorded on May 19, 1980,
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 reserved street has been
impassable for vehicular travel for a period
of five consecutive years and no public
money was expended for maintenance on the
street during such period (Sec. 8331(a,b)).
The hereinbelow described public service
easement for sewer purposes has not been
used for the purpose for which it was
dedicated for five consecutive years
immediately preceding this vacation
(Sec. 8333(a)).
The City Council hereby declares that the following
street and public service easement are hereby vacated:
ae
That certain reserved street along Lots 42 and
43 within the County of San Diego Tract No.
3842-2, recorded as Map No. 9770, on August
26, 1980, in the Office of the County Recorder
in San Diego, California.
Resolution No.86-011
Page 2
That certain public service easement for
sewer purposes along Lots 42 and 43 of
County of San Diego Tract No. 3842-2, as
conveyed to Pomerado County Water District
by separate instrument recorded as File/
Page No. 80-161178 on May 15, 1980, 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.
PASSED AND ADOPTED by the City Council of the City of Poway,
California, at a regular meeting thereof this 28th day of
January, 1986.
Carl R. Kruse, Mayor
ATTEST:
Ma~ori~ K. WahlsWen, City