Item 17 - Resolution Summarily Vacating an Access Easement Recorded
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AGENDA REPORT SUMMARY
- TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manager~)1r J
Mark S. Weston, Director of Engineer~ service~
Javid Siminou, Senior Civil Engineer
Roger A. Free, Associate Civil Enginee~.
DATE: November 28, 1995
SUBJECT: Adoption of Resolution Summarily Vacating an Access Easement Recorded
November 8, 1990, as File/Page No, 90-0606311 in the Office of the San
Diego County Recorder
ABSTRACT
The access easement for Parcel A as indicated in Document No, 90-0606311, recorded in
the Office of the San Diego County Recorder on November 8, 1990, is no longer
necessary. A new access easement was granted to the City,
ENVIRONMENTAL REVIEW
-
This action is not subject to C,E,Q.A. review.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been sent to Michael A, Clark at Olhausen Billiards,
RECOMMENDATION
It is recommended that the City Council adopt the resolution ordering the summary
vacation of the access easement as shown as Parcel A on the Grant of Easement-Access,
Document No, 90-0606311 recorded November 8, 1990, in the San Diego County Recorder's
Office,
ACTION
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1 OF 8 NaV 28 1995 neu 17
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- AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
[TO: Honorable Mayor and Members of the City Council
FROM: James L, Bowersox, City Ma~
INITIATED BY: John D, Fitch, Assistant City Manager~l~ ~
Mark S. Weston, Director of Engineering Services
Javid Siminou, Senior Civil Engineer-& r}J
Roger A. Free, Associate Civil EngineerGL .
DATE: November 28, 1995
SUBJECT: Adoption of Resolution Summarily Vacating an Access Easement
Recorded November 8, 1990, as File/Page No, 90-0606311 in the
Office of the San Dieqo Countv Recorder
BACKGROUND:
A Grant of Easement-Access for Parcel A was granted to the City of Poway as
File/Page No. 90-0606311 in the Office of the San Diego County Recorder on
November 8, 1990. This easement is no longer necessary for the purposes it
was originally intended, A new easement was granted to the City which better
suits the development proposed for the site,
Staff recommends summary vacation of the access easement,
FINDINGS:
The easement to be vacated is described on Exhibit A and delineated on Exhibit
Band C of the attached resolution (Attachment 1), The easement location
conflicts with the proposed development and a new access easement was provided
to the City. Therefore, it may be summarily vacated in accordance with the
prOVisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code.
FISCAL IMPACT:
None,
ENVIRONMENTAL IMPACT:
This action is not subject to C.E,Q.A, review,
ACTION:
? n~ R Nay 28 1995 ITEM 17
--
Adoption of Resolution ~ummarily Vacating an Access Easement Recorded
November 8, 1990, as Document No, 90-0606311 in the Office of the
San Diego County Recorder
-- November 28, 1995
Page 2
PUBLIC NOTIFICATION 1 CORRESPONDENCE:
A copy of this report has been sent to Michael A. Clark, Olhausen Billiards.
RECOMMENDATION:
It is recommended that the City Council adopt the resolution ordering the
summary vacation of the access easement shown as Parcel A on the Grant of
Easement-Access Document No. 90-0606311 recorded November 8, 1990, in the
Office of the County Recorder of San Diego.
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ATTACHMENT:
1. Resolution
Nay 28 1995 ITEM 17
3 OF 8
Resolution No,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ORDERING THE SUMMARY VACATION OF A GRANT OF EASEMENT-ACCESS
IN PARCEL 1 OF PARCEL MAP NO, 15618, CITY OF POWAY TRACT NO, 87-09
RECORDED NOVEMBER 8, 1990 AS FILE/PAGE NO, 90-0606311
IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER
(Vacation 95-03)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate a certain public service 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, an access easement in Parcel 1 of City of Poway Tract 87-09,
Parcel Map No, 15618 was dedicated and accepted by said City through
recordation of the easement on November 8, 1990 in the Office of the County
Recorder as File/Page No. 90-0606311; and
WHEREAS, subsequently thereafter, the recordation of said easement in
Parcel 1 of said Parcel Map No, 15618 was deemed to be in the path of proposed
construction and a new access easement was granted to the City which made this
easement unnecessary,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
1. 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
Cal ifornia.
2. The City Council hereby declares that the following described Grant
of Easement-Access 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 provisions of
Section B336 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 28th day of November, 1995,
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
NOY 28 1995 ITEM 17 '1
4 OF 8
_.
Kesolution No, 95-
Page
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K, Wahlsten, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution No, 95- was
duly adopted by the City Council at a meeting of said City Council held on
28th day of November, 1995 and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K, Wahlsten, City Clerk
City of Poway
NOY 2 8 1995 ITEM 17
5 OF 8
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Resolution No, 95-
Page
EXHIBIT A
SUMMARY VACATION
All those rights described in the Grant of Easement-Access recorded November
8, 1990 as File/Page No. 90-0606311 of Official Records lying within the
following described parcel of land:
Parcel 1 of Parcel Map No. 15618 in the City of Poway, County of San
Diego, State of California, recorded March 24, 1989,
Nay 2 8 1995 ITEM 17
6 OF 8
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Easement Vacation
CITY OF POW A Y . ITEM: Olhausen Bflliards
~ TITLE: . EXHIBIT 'B-
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Easement Vacation
CITY OF POW A Y ITEM: Olhausen Bi11i~.!:9~__
- r7'\:\ TITLE: EXHIBIT .C.
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? ...... ITEM 17
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