Res 17-003RESOLUTION NO. 17 -003
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.
Resolution No. 17 -003
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.
ATTEST:
Nancy N'u Id; CMC City Clerk
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
Steve Vaus, Mayor
I, Nancy Neufeld, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 17 -003 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: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy euf Id, CMC City Clerk
City of Poway
f
MIDLAND GROVE
MAP 7796
EXHIBIT A
POR. OF SEC. 12
N78'41'09'_WSR)
EXISTING 15' SEWER EASEMENT RECORDED
IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON DECEMBER 12, 1980
AS F/P 80- 405358, OFFICIAL RECORDS,
ALSO AS SHOWN ON MAP NO. 12711.
SCOTS WAY
LEGEN ROS 2407
wjyr = EASEMENT VACATION
LINE AND CURVE DATA FROM MAP NO. 12711
CURVE TABLE
CURVE I
DELTA
RADIUS
LENGTH
C1
1'40'45'
20.00'
0.59'
C2
48'41'35'
20.00'
17.00'
LINE TABLE
LINE #
DIRECTION
LENGTH
L1
N88'51'30'W
63.26'
L2
NO1'08'30 'E
28.00'
L3
N00'20'2WW
103.19'
L4
N88'51'30'W
15.01'
L5
N88'51'30'W
110.43'
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