Res 00-090RESOLUTION NO. 00-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF A FIRE DEPARTMENT
ACCESS EASEMENT IN LOT 1, CITY OF POWAY TRACT 90-04, MAP NO. 13011
(Vacation 00-02)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a
Fire Department Access 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 Fire Department Access Easement, originally located in Lot 8,
City of Poway Tract 88-13, Map No. 12553, was dedicated to the City through the filing
and recordation of said map on February 6, 1990; and
WHEREAS, said easement was intended to be of temporary use until such time
as a cul-de-sac was constructed on Footman Lane; and
WHEREAS, said Lot 8 was boundary adjusted with the immediate westerly
adjoining property that placed the entire easement in Lot 1, City of Poway Tract No. 90-
04; and
WHEREAS, in conjunction with the approval of City of Poway Tract 90-04, Map
No. 13011, a street cul-de-sac right-of-way for Footman Lane was dedicated to the
public for street purposes and subsequently improved; and
WHEREAS, said Footman Lane cul-de-sac is an acceptable replacement of said
Fire Dellartment Access Easement.
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.
The City hereby finds that the Fire Department Access Easement has
been superseded by relocation and there are no other public utilities
located within the easement (Section 8333c).
The City hereby declares that the Fire Department Access Easement
described below is hereby vacated.
Resolution No. 00-090
Page 2
"A PORTION OF LOT 1, OF CITY OF POWAY TRACT 90-04, MAP
NO. 13011, RECORDED JANUARY 27, 1993, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESIGNATED ON
SAID MAP AS A 20' X 30' EASEMENT FOR FIRE DEPARTMENT
ACCESS DEDICATED ON MAP 12553."
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, San
Diego County, in accordance with Section 8336a of said Streets and
Highways Code.
That from and after the date the resolution is recorded, the vacated Fire
Department Access Easement no longer constitutes a public service
easement [8335b(4)], and upon such recordation the vacation is complete
(Section 8336b).
PASSED, ADOPTED AND APPROVED, by the City Council of the City of
Poway, California, at a regular meeting this 12th day of September 2000.
Michael P. Cafagna~
ATTEST:
~"~i ~nne P~o~)les, City Cle~ --
Resolution No. 00-090
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 the
penalty of perjury, that the foregoing Resolution No. 00-090 , was duly adopted by the
City Council at a meeting of said City Council held on the 12th day of September 2000, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON
L"5'rri J~nne Peoples, City-Cl~k
City of Poway
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