Item 1.6 - Vacation Sewer Easement; Lot 5 of Map 12711Gl� OF POly�l
A
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C�TY^(N THE
City of Poway
COUNCIL AGENDA REPORT
APPROVED
■
APPROVED AS AMENDED
0
(SEE MINUTES)
DENIED
0
REMOVED
0
CONTINUED
RESOLUTION NO. -1 -00
DATE: January 24, 2017
TO: Honorable Mayor and Members of the City Council
1
FROM: Robert Manis, Director of Development Services',
CONTACT: Steve Crosby, City Engineer!��-'
(858) 668 - 4603 /scrosby @poway.org
SUBJECT: Vacation of Sewer Easement located within Lot 5 of Map
12711
Summary:
James and Valerie Merritt, the property owners of 13603 Somerset Road, Lot 5 of Map
12711, have requested the vacation of the existing sewer easement located within their
property (Attachments A and B). The City has confirmed that the easement is no longer
necessary and may be vacated.
Recommended Action:
It is recommended that the City Council adopt the attached Resolution ordering the
summary vacation of the portion of the existing sewer easement located within 13603
Somerset Road, as shown on the attached exhibits, and direct the City Clerk to cause a
certified copy of the Resolution to be recorded in the office of the Recorder of San
Diego County.
Discussion:
A sewer easement was granted to the Pomerado County Water District in 1980, a
portion of which crosses 13603 Somerset Road. The Public Works Department has
confirmed that the sewer main within the easement has been abandoned and the
easement is no longer needed. The vacation is conducted under Chapter 4, Part 3,
Division 9 of the Streets and Highways Code of the State of California (Code),
commencing at Section 8300. The easement qualifies for summary vacation under
Section 8333(a) of the Code, in that the easement has not been used for the purpose
for which it was dedicated or acquired for five consecutive years immediately preceding
the proposed vacation.
Environmental Review:
The vacation of this sewer easement has no potential for causing a significant effect on
the environment and is therefore exempt from further environmental review pursuant to
Section 15061(b)(3) of the California Environmental Quality Act.
Fiscal Impact:
None.
1 of 7 January 24, 2017, Item # 1,
Vacation of Sewer Easement
January 24, 2017
Page 2
Public Notification:
James and Valerie Merritt were provided a copy of the report.
Attachments:
A. Location Map
B. Site Map
C. Resolution
Reviewed /Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Morgan Foley
City Attorney
Approved By:
Tina M. White
City Manager
2 of 7 January 24, 2017, Item # 1.6
3Tf7
EDGEMOOR ST
SCOTS WAYI SOMERSET RD.
POWAY RD.
CITY OF POWAY
Location Map
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JANETTE LN.
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PUTNEY RD.
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PROJECT LOCATION
APN 314 - 242 -38
POWAY RD.
CITY OF POWAY
Location Map
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1
MIDLAND GROVE I - - - --
MAP 7796 N78'41'09 "W(R)
EXISTING 15' SEWER EASEMENT RECORDED L1 \
IN THE OFFICE OF THE SAN DIEGO COUNTY \
RECORDER ON DECEMBER 12, 1980 \
AS F/P 80- 405358, OFFICIAL RECORDS, I C2--1
ALSO AS SHOWN ON MAP NO. 12711. i
SCOTS WAY
_LEGEN_ p ROS 2407
L = EASEMENT VACATION
LINE AND CURVE DATA FROM MAP NO. 12711
CURVE TABLE
CURVE #
DELTA
RADIUS
LENGTH
C1
1'40'45"
20.00'
0.59'
C2
48'41'35'
20.00'
17.00'
LINE TABLE
LINE #
DIRECTION
LENGTH
LI
N88'51'30'W
63.26'
L2
N01'08'30 "E
28.00'
L3
N00'20'20 "W
103.19'
L4
N88'51'30 "W
15.01'
L5
N88'51'30 "W
110.43'
J
4.93'
POR. OF SEC. 12
�i SOMERSET
51.33'
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49.0E
PAUL J.
LOSKA, PLS 7810
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4.93'
POR. OF SEC. 12
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DATE: 12/13/16
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4 7 LAND suRvEVAWACHMWIT January 24, 2017, Item# I.6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF THE PORTION OF
SEWER EASEMENT LOCATED WITHIN LOT 5 OF MAP 12711
(VACATION NO. 16 -002)
WHEREAS, the City Council of the City of Poway desires to vacate a portion of a
sewer easement in accordance with the procedures provided in Chapter 4, Part 3,
Division 9 of the Streets and Highways Codes of the State of California, commencing at
Section 8333; and
WHEREAS, a sewer utility easement in a portion of Lot 5, Map 12711, was
dedicated to the Pomerado County Water District through the recordation of easement
document number 80- 405358 for the purposes of conveying sewage; and
WHEREAS, the City of Poway is the successor agency to the Pomerado County
Water District; and
WHEREAS, the sewage has been routed through other pipes, and this easement
has not been used since 1991.
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 California (Code).
2. The easement qualifies for summary vacation under Section 8333(a) of the
Code, in that the easement has not been used for the purpose for which it was
dedicated or acquired for five consecutive years immediately preceding the
proposed vacation.
3. The City Council hereby declares that all of the portion of sewer easement
located within 13603 Somerset Road, Lot 5 of Map 12711, as depicted in Exhibit
"A" attached hereto, is hereby vacated.
4. 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 in
accordance with the provisions of Section 8336 of the Street and Highways Code
of the State of California.
5 of 7 January 24, 2017, Item #
ATTACHMENT C
Resolution No.
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 24th day of January 2017,
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, CMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 17- was duly adopted by the
City Council at a meeting of said City Council held on the 24th day of January 2017, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC City Clerk
City of Poway
6 of 7 January 24, 2017, Item # I•(o
1
MIDLAND GROVE
MAP 7796
EXHIBIT A
N78- 41'09_W(R)
POR. OF SEC. 12
EXISTING 15' SEWER EASEMENT RECORDED L7 \ �I
IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON DECEMBER 12, 1980 C2 \
AS F/P 80- 405358, OFFICIAL RECORDS,
ALSO AS SHOWN ON MAP NO. 12711.
On 1
I
SCOTS WAY
4.93'
0
_gyp ROS 2407
EASEMENT VACATION
LINE AND CURVE DATA FROM MAP NO. 12711
CURVE TABLE_
CURVE -I
DELTA
RADIUS
LENGTH
Cl
1.40'45"
20.00'
0.59'
C2
4841'35'
20.00'
17.00'
LINE TABLE
LINE #
DIRECTION
LENGTH
LI
N8851'30'W
63.26'
L2
N01M'30'E
28.00'
L3
NOO'20'20'W
103.19'
L4
N8851'30 "W
15.01'
L5
N8851'30'W
110.43'
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J&
PAUL J.
LOSKA, PLS 7810
DATE: 12/13/16
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January 24, 2017, Item # 1.6