Res 00-074RESOLUTION NO. 00-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, ORDERING THE VACATION OF THE PUBLIC ALLEY
ADJACENT TO LOTS 2'1, 22 AND 23 IN BLOCK 16 OF PIERMONT, MAP NO. 331
(Vacation 99-06)
WHEREAS, the City Council of the City of Poway desires to vacate the public alley
in accordance with the procedures provided in Chapter 3, Part 3, Division 9 of the State of
California Streets and Highways Code, commencing at Section 8320; and
WHEREAS, the public alley adjacent to Lots 21, 22 and 23 in Block '16 of Piermont,
Map No. 331 is a portion of an alley between Temple Street and Edgemoor Street; and
WHEREAS, the public alley was created for public use through the recordation of the
final map of said Map No. 331 on May 27, '1887; and
WHEREAS, the public alley serves as the main secondary access way for those
properties east of Sycamore Avenue between Temple Street and Edgemoor Street; and
WHEREAS, the public alley, when vacated, would redirect certain vehicular traffic to
Sycamore Avenue; and
WHEREAS, the public alley is needed for Pacific Bell (PacBell) to expand its existing
facility in Lot 23 to be built over the alley and onto Lots 21 and 22 to meet rapidly growing
telecommunication and information service needs in Poway.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
This vacation is made under the provisions of Chapter 3, Part 3, Division 9 of
the State of California Streets and Highways Code.
The City hereby finds that the public alley adjacent to Lots 2`1, 22 and 23 in
Block `16 of Piermont, Map No. 331 is unnecessary for present public use.
The City hereby declares that the public alley adjacent to Lots 2'1, 22 and 23
in Block 16 of Piermont, Map No. 331 is hereby vacated, subject to
compliance of conditions listed in item 4 below.
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The City Clerk of the City of Poway is hereby directed to cause a certified copy
of the above resolution to be recorded in the office of the San Diego County
Recorder after the following conditions are met:
A. Dedication to the City of an easement or right-of-way for a public
Resolution No. 00-074
Page 2
access road from the remaining portion of the alley eastedy to Midland
Road.
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Execution of a "Covenant of Improvement Requirements" for
construction of the improvements for the above public access road; or
Posting of improvement securities for the improvements, acceptable
to the Director of Development Services and/or the City Engineer.
Compliance of conditions, if any, imposed by San Diego Gas &
Electric, Cox Communications, and Time Warner Cable. Only
conditions brought forth to the City's attention no later than July 18,
2000, shall be considered.
Approval of a conditional use permit (CUP) for PacBell's building &
parking lot expansion.
Submittal from PacBell of a letter or agreement agreeing to payment
of a contribution for the improvements to Sycamore Avenue. The
amount of contribution, not to exceed $50,000.00, and its time of
payment shall be agreed upon with the City prior to approval of the
abovementioned conditional use permit.
That, from and after the date the resolution is recorded, the alley vacated no
longer constitutes a public alley.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 18th day of July 2000.
ATTEST:
Lor~,~nne Peoples, City C161rk
M~~~~or
Resolution No, 00-074
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. 00-074 , was duly adopted by the
City Council at a meeting of said City Council held on the 18th day of July 2000, and that
it was so adopted by the following vote:
AYES:
E~IERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
~or Anne Peoples,
Ci?~ of Poway City Cl~rk -
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