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Res 88-113Resolution No. 88-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUM~4A_RY VACATION OF ABUTTERS' RIGHTS OF ACCESS APPURTENA/~T TO PORTIONS OF LOTS 109 AND 110 IN AND TO HEATH DRIVE AS DEDICATED BY THE RECORDATION OF THE FINAL MAP OF COUNTY OF SAN DIEGO TRACT 3503-2, MAP NO. 9256 (VACATION 88-11) WHEREAS, the City Council of the City of Poway desires to sum- marily vacate a certain public service easement in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, the abutters' rights of access appurtenant to portions of Lots 109 and 110 of County of San Diego Tract 3503-2, Map No. 9256 in and to Heath Drive was dedicated to the public through the Board of Supervisors of San Diego County by the recordation of the final map of said Map No. 9256 on June 20, 1979 in the Office of the San Diego County Recorder; and WHEREAS, said abutters' rights were violated and its use restriction was deemed to be terminated by the improvement and sub- sequent use of the private portion and northerly extension of Heath Drive for ingress and egress; and WHEREAS, upon incorporation on December 1, 1980, the City of Poway became the successor in interest to the County of San Diego for said abutters' rights of access. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. 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 abutters' rights of access appurtenant to portions of Lots 109 and 110 of County of San Diego Tract 3503-2, Map No. 9256 in and to Heath Drive has its use restriction terminated, i.e. it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation (Section 8333a). 3. The City Council hereby declares that the abutters' rights of access appurtenant to portions of Lots 109 and 110 of County of San Diego Tract 3503-2, Map No. 9256 is hereby vacated. 4. 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 Chapter 4, Part 3, Division 9 of the Streets and Highways Code commencing at Section 8330. Resolution No. 88-113 Page 2 PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 4th day of October, 1988. ATTEST: Ca rl ~~R~. ~r~s~ D~e p~--o r Marjor!e\K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 88- 113 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of October, 1988, and that it was so adopted by the following vote: BRANNON, HIGGINSON, KRUSE, TARZY AYES: NOES: NONE ABSTAIN: NONE ABSENT: EMERY Marjor~e~K. Wahlsten, City Clerk City o~oway