Res 00-092RESOLUTION NO. 00-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF
ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO LOT 4 OF CITY OF POWAY
TRACT NO. 98-05, MAP NO. 13852 IN AND TO DANIELSON STREET
(Vacation 00-01 )
WHEREAS, the City Council of the City of Poway desires to summarily vacate a
portion of an abutter's rights of access 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 abutter's rights of access appurtenant to Lot 4 of City of Poway
Tract No. 98-05, Map No. 13852 were relinquished and waived to the City of Poway
through the filing and recordation of said map on September 17, 1999; and
WHEREAS, the relinquishment and waiver to the City were made for the main
purpose to preclude exiting vehicular traffic from said Lot 4, specifically across the line
of said abutter's rights, into northbound traffic on Danielson Street; and
WHEREAS, on April 19, 2000, the City issued a letter of approval for
Development Review 00-04 (DR 00-04) to McMillin Commercial for the construction of
an industrial building on Lot 4 and a portion of Lot 3 of said Map No. 13852; and
WHEREAS, the development on said Lot 3 and a portion of said Lot 4, as
approved on DR 00-04, necessitates the construction of a driveway across a portion of
abutter's rights of access; and
WHEREAS, in consideration for the approval of the construction of said
driveway, the City conditioned DR 00-04 to construct a concrete median in Danielson
Street to serve the same function and intent for which the abutter's rights of access
were dedicated.
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.
Resolution No. 00-092
Page 2
The City hereby finds that the street (Danielson Street) on which the
abutter's rights of access are located, has been impassable for a period
of five years (Section 8331a), and no public money has been expended
for maintenance of said street during such period (Section 8331b).
The City hereby declares that the portion of the abutter's rights of access
appurtenant to Lot 4 of City of Poway Tract No. 98-05, Map No. 13852
described below is hereby vacated.
THE SOUTHERLY 161.58 FEET OF THE NORTHERLY 300.00
FEET OF THAT ABUTTER'S RIGHTS OF ACCESS DESIGNATED
ON CITY OF POWAY TRACT NO. 98-05, MAP NO. 13852 AS
"300 FEET OF ACCESS RIGHTS FROM LOT 4 IN AND TO
DANIELSON STREET RELINQUISHED AND WAIVED HEREON".
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 Section 8336a of said Streets and
Highways Code.
5. That 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.
ATTEST:
L~ri ~nne ~eoples, City C-~erk-
Resolution No. 00-092
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. 00-092 , 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:
NOES:
ABSTAIN:
ABSENT:
EMERY, GOLDBY, REXFORD, CAFAGNA
NONE
NONE
HIGGINSON
~ri ~,nne Peoples, City c~erk
City of Poway