Item 21 - Adoption of Resolution Summarily Vacating Easement for County Hwy_TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
Mark S. Weston, Director of rvi
Javid Siminou, Senior Civil
Roger A. Free, Associate Civ 1 E g'neer
DATE: May 23, 1995
SUBJECT: Adoption of Resolution Summarily Vacating an Easement for County Highway
Recorded in Deed March 6, 1969, as Document No. 40121 of Official
Records
~,CT
The Easement for County Highway for the of Midland Road is no longer
necessary. The extension of Midland Road from Orange Blossom Lane to Del Poniente Road
was eliminated by City Council several years ago.
ENVIR
This action is not subject to C.E.Q.A. review.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATIO~
A copy of this report has been sent to James Abbott, Poway Unified School
NDATION
't is recommended that the City Council adopt the resolution ordering the summary
vacation of the Easement for County Highway for roadway purposes on Midland Road.
ACTION
MAY 2 3 1995 ITEM 21
'-- AGENDA REPORT
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~/~9
_,%
INITIATEDBY: ohn D. Fitch, Assistant C ty M nager~)~ ~j
ark S. Weston, Director o Eng neeriQ~ Service
avid Siminou, Senior Civi Eng neer ~> --
A. Free, Associate C vil ngineer~'
oger
DATE: May 23, 1995
SUBJECT: Adoption of Resolution Summarily Vacating an Easement for
County Highway Recorded in Deed March 6, 1969, as Document
No. 40121 of Official Records
BACKGROUND:
An Ea ement for County Highway was granted to the County of San D ego on March
6, 19 9, as Docu ent No. 40121 of Official Records. This easemen was to
provi e for the uture construction of Midland Road from Orange B ossom Lane
to De Poniente oad. The construction of this road segment was ater
eliminated by Ci y Council
Staff recommends summary vacation of the Easement for County Highway for
future street extension.
FINDINGS:
The asement to be vacated i.s~ described on Exhibit A an delineated on
Exhi it B and C f the attached resolution (Attachment 1 . The easement has
not een utilize for its intended purpose. Therefore, t may be summarily
vaca ed in accor ance with the of Chapter 4, art 3, Division 9 of
the treets and ighways. Code.
FISCAL IMPACT:
None. ~ -'
ENVIRONMENTAL IMPACT:
This action is not subject to C.E.Q.A. review.
ACTION:
MAY 2 a 1995 ITEM 21
Adopt on of Resolution '-~marily Vacating an Easement fc-'iounty Highway
Recor ed in Deed March b, 1969, as Document No. 40121 of ufficial Records
May 2 , 1995
Page
PUBLIC NOTIFICATION :
A copy of this report has been sent to James Abbott, Poway Unified School
RECOMMENDATION:
It is recommended that the City Council adopt the resolution ordering the
summary vacation of the Easement for Country Highway in Deed March 6, 1969 as
Document No. 40121 of Official Records.
JLB:JDF::MSW:JS:RAF:bw
ATTACHMENT:
1. Resolution
~IAY g 3 1995 ITEM 21
Resolution No.
A RESO U IO OF TH CI- COUNC L F THE C TY OF POWAY
0 I THE UMM Y VACA I OF AN ASEMENT
C ~JNTY IG" Y RECO -. MARCH , 1969
IN THE FF C OF TH C TY RE~ R R OF SA DIEGO COUNTY
(Vacation 95-02)
WHEREAS, the City Council of the City of Po' ay desires to summarily
vacate a certain public highway easement in accor ance with the procedures
provided in Chapter 4, Part 3, Division 9 of the treets and Highways Code of
the State of California, g at Section 83 O; and
WHEREAS, an Easement of County Highway was dedicated to the County of
San Diego as Document No. 40121 on March 6, 1969 in the Office of the County
Recorder; and
WHEREAS, subsequent to said recordation, the said easement was never
utilized for its intended purpose; and
· WHEREAS, upon incorporation on December 1, 1980, the City of Poway
became the in interest to the County of San Diego for the above
public highway
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
1. This summary vacation is made under the of Chapter 4, Part
3, Division 9 of the Streets and Highways Code of the State of
California.
2. The City Council hereby declares that the following described
Easement for County Highway is hereby vacated:
See Exhibits "A," "B," and "C" attached.
3. 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 the p of
Section 8336 of the Streets and Highway Code.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 23rd day of May, 1995.
Don Higginson, Mayor
ATTEST:
m, City C
I~IAY 23 1995 IT~ 21
aof7
EXHIBIT "A"
SUMMARY VACATION
All that land described in the deed recorded March 6, 1969, as Document No.
40121 of Official Records being an Irrevocable Offer to Dedicate Real Property
for the Purposes of a Public Highway to the County of San Diego.
~IAY 2 3 1995 ITEM 21
CITY OF POWAY ITEM:
TITLE : EXHIBIT "B"
SCALE: ~,T.S. ATTACHMENT:
/ SHEET 1 OF 1 SHEETS
N'~
S~ / ~EC. 1 La
~ La //~//
~ ~ ~ / /// / / INDICATES LIMITS OF
~ ~o ~ / / / ~SEMENT FOR COUN~
~,X ~ ~. / HIGHWAY TO BE
~ / / QUIT.IMED
~ OF{TION ~ 1/2 SE 114
O~ ~ ~ CL PROPOSED C,~ OF POWAY
~ Q / S~ER ~SEMENT
~ ~D //
~ ~ ~ ~ ~ //
~ ~ ///// ~=1~55'5~
- 5
////
~ ///
~ ~ ~ ~ //
~o ,~ / / / / t~. ~=71'52'00"
~] ~ ~ = / / / / R=200.O0'
~ Z Z ~ / / / / L=250.86'
57.78' %
~,~.~ P~T TO ILLUSTRATE
"(~) LEGAL D~SCRIPTION
.... / EXHIBIT "C"