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Vacation 91-02 1991-0459048I 11 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 No Transfer Tax Due 756 p1 # 1991 -0459048 09—SEP-1991 08:40 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES: 0.00 his space for Re SUMMARY VACATION 91- 02. By the attached Resolution No. 91- 097, the City of Poway, a municipal corporation, ordered the summary vacation of road and utility easements located within Parcel 1 of City of Poway Parcel 12748, Map Thereof 5755 filed in the Office of the County Recorder of San Diego County as File No. 77-118273 on March 31, 1977. (Located in front of 13138 Stone Canyon Road, TM 84-02.) Jan Gold4 it , Mayor �7b ;e-\� k� /)11&4o t;.- Marjorie K,. Wahlsten, City Clerk State of California) )ss. County of San Diego) On this the�� day of5E tier )997, before me, 71Jana4 e Arett s 'd the undersigned Notary Public, personally appeared Jan Goldsmith and Marjorie K. Wahlsten, personally known to me to be the persons who executed the within instrument as President and Secretary of the municipal corporation named herein. Witness my hand and official seal. OFFICIAL SEAL` NANCY N NEUFELD Notary Publio-CaHtomla ® SAN DIEGO COUNTY Wy Comm. E*. Dec 21, 7892 ® 758 Resolution No. 91-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF ROAD AND UTILITY EASEMENTS LOCATED WITHIN PARCEL 1 OF CITY OF POWAY PARCEL 12748, MAP THEREOF 5755 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 77-118273 ON MARCH 31, 1977 (Vacation 91-02) WHEREAS, the City Council of the City of Poway desires to summarily vacate certain public service easements 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, road and utility easements within the attached legal description titled "Exhibit A" were dedicated to the City of Poway per map 12330 recorded February 28, 1989 as File No. 89-102268 in the Office of the County Recorder. 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. 2. The City Council hereby finds that the herein described public service easements have been superseded by relocation and there are no public facilities located within the easements. 3. The City Council hereby declares that the following described road and utility easements are hereby vacated: See attached legal description titled "Exhibit A." 4. The City Clerk of the City of Poway is hereby directed to cause a cer- tified copy of this resolution to be recorded in the office of the Recorder of San Diego County in accordance with the provisions of Section 8336 of the Streets and Highways Code. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 3rd day of September, 1991. ATTEST: Marjorie K. Wahlsten, City Clerk ® 757 Resolution No. 91-097 Page 2 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. 90-097 , was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of September, 1991 and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, KINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie K. Wahlsten, City Clerk City of Poway 0 of ution No. 91-097 ® 750 _e 3 EXHIBIT "A" " THAT PORTION OF ROAD AND UTILITY EASEMENT DEDICATED PER DOCUMENT 176555 OF O.R. RECORDED SEPTEMBER 25, 1969 WITHIN PARCEL 1 OF PARCEL MAP 5755 RECORDED MARCH 31, 1977. EXCEPTING THEREFROM THAT PORTION OF STONE CANYON ROAD DEDICATED PER MAP 12330 RECORDED FEBRUARY 28, 1989, ALL IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP 5755 ALSO BEING A POINT ON THE CENTERLINE OF SAID ROAD AND UTILITY EASEMENT; THENCE NORTH 00 DEGREES 41 MINUTES 57 SECONDS EAST ALONG THE WESTERLY BOUNDARY OF SAID PARCEL MAP 5755 A DISTANCE OF 30.00 FEET TO THE NORTHERLY LINE OF SAID ROAD AND UTILITY. EASEMENT, THENCE SOUTH 89 DEGREES 02 MINUTES 06 SECONDS EAST ALONG SAID EASEMENT LINE A DISTANCE OF 102.20 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 1; THENCE SOUTH 00 DEGREES 41 MINUTES 57 SECONDS WEST, ALONG SAID. EASTERLY BOUNDARY OF PARCEL 1 A DISTANCE OF 23.83 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STONE CANYON ROAD DEDICATED PER SAID MAP 12330; THENCE SOUTH 79 DEGREES 10 MINUTES 58 SECONDS WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.21 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, ALSO BEING THE CENTERLINE OF SAID ROAD AND UTILITY EASEMENT; THENCE NORTH 89 DEGREES 02 MINUTES 06 SECONDS WEST, ALONG SAID SOUTHERLY PARCEL 1 BOUNDARY A DISTANCE OF 72.60 FEET TO THE POINT OF BEGINNING. 1 - Ir 89-111. LGL 07/23/91 -Cn a Dan S. 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