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