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Res 94-097Resolution No. 94-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ACCEPTING THE DEDICATION FOR GRANT IN FEE TITLE OF LOT D, JOINT EASEMENT FOR OPEN SPACE AND INUNDATION BELOW THE ELEVATION OF 700 FEET AND 750 FEET MEAN SEA LEVEL IN LOT 149, AND EASEMENTS FOR INGRESS AND EGRESS, UTILITY PURPOSES AND EQUESTRIAN AND PEDESTRIAN TRAIL PURPOSES IN LOT 149, ALL IN CITY OF POWAY TRACT NO. 83-02, MAP NO. 12090 WHEREAS, on the final map of City of Poway Tract No. 83-02, Map No. 12090 (Exhibit A), recorded in the office of the Recorder of San Diego County on June 3, 1988, the City rejected offers of dedication for grant in fee title of Lot D, joint easement for open space and inundation below the elevations of 700 feet and 750 feet mean sea level in Lot 149, and easements for ingress and egress, utility purposes and equestrian and pedestrian trail purposes in Lot 149; and WHEREAS, the City has chosen Lot D as the site for a proposed dam to be constructed to create a retention basin for storm water runoff that eventually would be discharged slowly to Poway Creek, thus alleviating potential sudden flood hazards to properties within, across, and along the creek's floodway; and WHEREAS, the easements for inundation, ingress and egress, and utility purposes are essential for the construction of said dam; and WHEREAS, the easement for equestrian and pedestrian trail purposes is a segment needed for the Garden Road Trail of the City's master plan of trails; and WHEREAS, the open space easement is required for the preservation of a pristine undevelopable land; and WHEREAS, the offer of dedication for the grant in fee title of said Lot D contains a clause that, should the City not begin the dam construction or not to cause to begin its construction within 12 years from the final map recordation date, title to said Lot D will revert to the grantor, his successors, or assigns; and WHEREAS, Section 66477.2 of the Government Code (Subdivision Map Act) of the State of California provides that a rejected offer of dedication shall remain open and may be accepted by resolution at any later date; and WHEREAS, notwithstanding the requirement for construction of the dam to begin within 12 years from June 3, 1988, the City now hereby deems necessary to accept the dedications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway does hereby resolve, determine, and order as follows: The City of Poway hereby rescinds the rejections and does hereby accept the grant in fee title of Lot D, the joint easement for open space and inundation below the elevations of 700 feet and 750 feet Resolution No. 94-097 Page No. 2 mean sea level in Lot 149, and the easements for ingress and egress, utility purposes and equestrian and pedestrian trail purposes in Lot 149, all in the City of Poway Tract No. 83-02, Map No. 12090. 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. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 13th day of September, 1994. Don Higginsod, MaJLg~Y ATTEST: Marjor~ei~. 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 the penalty of perjury, that the foregoing Resolution No. 94- 097 was duly adopted by the City Council at a meeting of said City Council held on 13th day of September, 1994 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NONE NONE NONE Marjo~ie~K. Wahlsten, City Clerk city oway Resolution No. 94-097 Page 3 ATTACHMENT I LOCATION & VICINITY MAPS