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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 e 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