Res 86-129RESOLUTION NO. 86-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA ORDERING THE TERMINATION OF AN OPEN-SPACE
EASEMENT OVER, UPON, ACROSS, AND UNDER ALL OF LOT 27
OF HERITAGE HILLTOP, MAP NO. 7432
WHEREAS, the City Council of the City of Poway desires to
terminate an open-space easement, in accordance with the procedures
provided therefor in Chapter 6.6, Part 1, Division 1 of the
Government Code of the State of California, commencing at
Section 51090, and
WHEREAS, an open-space easement was granted to the County
of San Diego over, upon, across, and under all of Lot 27,
Heritage Hilltop, Map No. 7432, and
WHREAS, the City of Poway became the successor in interest
to said open-space easement upon its incorporation on December 1,
1980, and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Poway as follows:
The termination of an open-space easement is
made under provisions of Chapter 6.6, Part 1,
Division 1 of the Government Code of the State
of California.
2. The City Council hereby find~ that:
a. No public purpose will be served
by keeping the land as open space.
The abandonment is not inconsistent
with the purposes of Chapter 6.6,
Part 1, Division 1 of the Government
Code.
c. The abandonment'is consistent with
the General Plan.
The abandonment is necessary to
avoid a substantial financial
hardship to the landowner due to
involuntary factors unique to him.
The termination of.said open-space
easement will not have a significant
adverse impact on the environment and
the City Council hereby issues a
Negative Declaration.
Resolution No. 86-129
Page 2
e
The City Council hereby declares that the
open-space easement granted to the County
of San Diego over, upon, across, and under
all of Lot 27 of Heritage Hilltop, Map No.
7432, recorded September 13, 1972 in the
Office of the Recorder of San Diego County
is hereby terminated.
e
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 Recorder of San Diego County concurrent
with the final map recordation of that
portion of Tentative Map No. 4191R (Phase A-9)
wherein a replacement open-space easement of
equal or greater size is dedicated or after
said final map recordation, and after the
abandonment fee has been paid in full by
the landowner in accordance with the provisions
of Section 51094 of the Government Code.
PASSED AND ADOPTED by the City Council of the City of Poway,
California, at a regular meeting thereof this 25th day of
November, 1986.
ATTEST:
Marjorie K. Wahlsten, City Clerk