Res 87-037iRESOLUTION NO. 87-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ORDERING VACATION OF THE ABUTTER'S RIGHTS OF ACCESS APPURTENANT
TO LOT 5, CITY OF POWAY TRACT NO. 85-03, MAP NO. 11451,
IN AND TO ARROYA VISTA ROAD
(VACATION NO. 87-03)
WHEREAS, the City Council of the City of Poway desires to
summarily vacate certain public service easements 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 8330; and
WHEREAS, abutter's rights of access appurtenant to Lot 5 in
and to Arroya Vista Road was noted on the final map of the City
of Poway Tract No. 85-03, Map No. 11451, and
WHEREAS, said abutter's rights of was not offered for
dedication to the City and was not officially accepted by the
City as evidenced in the owners certificate and the City's
rejection/acceptance certificate of said map, and
WHEREAS, due to the recordation of said map, said abutter's
rights of access was relinquished and perfected, and
WHEREAS, it is logical that said relinquishment, although not
specifically mentioned, that the City is the recipient of said
relinquishment dedication due to the fact that Arroya Vista Road
is a publicly dedicated street.
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.
The City Council hereby finds that the abutter's
rights of access appurtenant to Lot 5, City of
Poway Tract No. 85-03, Map No. 11451, was dedicated
upon said map's recordation on February 19, 1986,
and is less than 5 years, and more than one year,
immediately preceding the proposed vacation, the
easement was not used consistently since that
date (Section 8333b).
RESOLUTION NO. 87-037
PAGE 2
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The City Council hereby declares that the
abutter's rights of access appurtenant to Lot 5,
City of Poway Tract No. 85-03, Map No. 11451, in
and to Arroya Vista Road is hereby vacated.
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 in accordance with
the provisions of Section 8336 of the Streets
and Highways Code.
PASSED, ADOPTED AND APPROVED, by the City Council of the
City of Poway, California, at a regular meeting thereof this
21st day of April, 1986.
ATTEST:
Wahlsten, Clerk
Marjo~i~ K. City
Robert C. Emery,~y Mayor
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
that the foregoing Resolution was duly adopted by the City Council at a meeting
of said City Council held on the 21st day of Apr±Z , 1987 , and
that it was so adopted by the following vote:
AYES: BRANNON, EMERY, HIGGINSON, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT: TARZY
Marjorie K. Wahlsten, City Clerk
City of Poway
5/K/Certify