Res 02-016RESOLUTION NO. 02-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF COUNTRY
SQUIRE DRIVE SOUTH OF PEDRIZA DRIVE, THE OFFER OF DEDICATION
FOR PUBLIC STREET PURPOSES OF PORTIONS OF LOTS 8 AND 9,
COUNTY OF SAN DIEGO TRACT NO. 3551, MAP NO. 8892, AND THE
ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO LOTS 8 AND 9 OF
SAID MAP NO. 8892 IN AND TO COUNTRY SQUIRE DRIVE
(Vacation 01-02)
WHEREAS, the City Council of the City of Poway desires to vacate a
portion of Country Squire Drive south of Pedriza Drive, the offer of dedication for
public street purposes of portions of Lots 8 and 9, County of San Diego Tract No.
3551, Map No. 8892, and abutter's rights of access appurtenant to Lots 8 and 9
of said Map No. 8892 in and to Country Squire Drive in accordance with the
procedures provided in Part 3 (commencing at Section 8300) of Division 9 of the
State of California Streets and Highways Code; and
WHEREAS, said portion of Country Squire Drive and the abutter's rights
of access were created and accepted for public use through the recordation of
the Final Map of said Map No. 8892 on June 16, 1978; and
WHEREAS, said offer of dedications of portions of Lots 8 and 9 of Map
No. 8892 was rejected through the recordation of the Final Map of said Map No.
8892 on June 16, 1978; and
WHEREAS, pursuant to Section 66477.2 of the State Subdivision Map
Act, a rejected offer of dedication shall remain open for future acceptance, unless
vacated by the City; and
WHEREAS, said abutter's rights of access and the offer of dedication are
unnecessary for the purposes that it was intended to accomplish upon vacation
of said portion of Country Squire Drive.
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 portion of Country Squire Drive south
of Pedriza Drive, the offer of dedication for public street purposes of
portions o! Lots 8 and 9 of County of San Diego Tract No. 3551,
Resolution No. 02-0:16
Page 2
Map No. 8892, and the abutter's rights of access appurtenant to
Lots 8 and 9 of said Map No. 8892 are unnecessary for public use.
The City hereby declares that the portion of Country Squire Drive
south of Pedriza Drive, the offer of dedication for public street
purposes of portions of Lots 8 and 9 of County of San Diego Tract
No. 3551, Map No. 8892, and the abutter's rights of access
appurtenant to Lots 8 and 9 of said Map No. 8892, all as dedicated
and shown on the Final Map of County of San Diego Tract No.
3551, Map No. 8892 are hereby vacated subject to the reservations
stated in item 4 below.
4. The City hereby reserves and excepts from the Vacation as follows:
An easement for general utility and public recreational trail
purposes, together with the rights to dedicate to others, over
the easterly half of said portion of Country Squire Drive and
over a portion of Lot 9 south of and contiguous with said
portion of Country Squire Drive.
An easement to Cox Communications over the easterly half
of said portion of Country Squire Drive.
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
San Diego County Recorder.
That from and after the date the Resolution is recorded, the
Vacation is complete.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of
Poway, California, at a regular meeting this 19th day of February 2002.
ATTEST:
Robert
L-~ri J~nne Peoples, City C~erk
Resolution No. 02-016
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. 02-016 was duly
adopted by the City Council at a meeting of said City Council held on the 19th
day of February 2002, and that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
EMERY, GOLDBY, HIGGINSON, REXFORD
L~ri ~,nne Peoples, city Cler~,
City of Poway
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