Res 94-001Resolution No. 94-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ORDERING THE SUMMARY VACATION OF AN EASEMENT RESERVED FOR
STREET PURPOSES LOCATED WITHIN LOTS 42 AND 43 OF MAP 9770
RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON AUGUST 26, ]980
(Vacation 93-06)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate a certain easement reserved for street purposes 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, an easement reserved for street purposes described by the
attached legal description and shown on the attached plat titled "Exhibit A"
was dedicated to the public on Map 9770 recorded August 26, 1980 in the office
of the County Recorder.
WHEREAS, access rights to Lomas Verdes Drive within the said easement
reserved for street purposes were relinquished and waived on said Map 9770.
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.
2. The City Council hereby finds that the herein described easement
reserved for road purposes has been superceded by relocation.
3. The City Council hereby declares that the following easement
reserved for street purposes is vacated:
See attached legal description and plat titled "Exhibit A"
4. The City Council hereby returns access rights to Lomas Verdes Drive
within the said easement reserved for street purposes.
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 County Recorder of San Diego 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 this 4th day of January, 1994.
ATTEST:
Don Higginson, MaY~g~-J
Marjori~ Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
Resolution No. 94-001
Page 2
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution No. 94-001 was
duly adopted by the City Council at a meeting of said City Council held on the
4th day of January, 1994 and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
Marjor~ie\K. Wahlsten, City Clerk
City o~way
EXHIBIT A
SUMMARY VACATION 93-06
Resolution No. 94-001
Page 3
LEGAL DESCRIPTION:
THE EASEMENT RESERVED FOR FUTURE STREET PURPOSES ACCORDING TO
MAP N0.9770 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON AUGUST 26, 1980 MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE EASTERLY 28 FEET OF LOT 43 TOGETHER WITH THE WESTERLY 28 FEET
OF LOT 42 ALL ACCORDING TO SAID MAP 9770.
ALL AS SHOWN ON EXHIBIT ATTACHED HERETO.
Resolution No. 94.001