Vacation 17-001 2017-0419369RECORDING REQUESTED BY
City of Poway
WHEN RECORDED RETURN TO:
City Clerk
City of Poway
P.O. Box 789
Poway, CA 92074)
DOC# 2017-0419369
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Sep 13, 2017 10:21 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES:2
No Transfer Tax Due (This space for Recorder's Use)
APN: 275-810-17, 18, and 19
RESOLUTION NO. 17-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ORDERING THE SUMMARY
VACATION OF A PORTION OF A DRAINAGE EASEMENT
(VACATION NO. 17-001)
WHEREAS, the City Council of the City of Poway desires to vacate a portion of a
drainage 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 8300;
WHEREAS, a drainage easement in a portion of Lot 2 in Section 35, Township
13 South, Range 2 West, San Bernardino Base and Meridian, was dedicated to the City
of Poway through the recordation of Grant Deed 80-283674 for the purposes of
conveying drainage water; and
WHEREAS, a new public drainage easement has been recorded to replace the
portion of the drainage easement that is proposed for vacation.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
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 City. Council hereby finds that the easement has been replaced by another
easement performing the same function (Section 8333(c)).
3. The City Council hereby declares that all of the portion of the drainage easement
in a portion of Lot 2 in Section 35, Township 13 South, Range 2 West, San
Bernardino Base and Meridian, as depicted in Exhibits "A" and "B" attached
hereto, is hereby vacated.
Resolution No. 17-058
Page 2
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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 5th day of September 2017.
eve Vaus, Mayor
ATTEST:
Ya/1�.1,zz1
N`ancy,gedYeid CMC City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 17-058 was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of September
2017, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
�
die nc��ld, CMC City Clerk
City of Poway
EXHIBIT A
LEGAL DESCRIPTION:
Parcel No. 80-0373-A (4-21-80)
Resolution No. 17-058
Page 3
That portion of Lot 2 of Section 35, Township 13 South, Range 2 West, San Bernardino Meridian,
in the County of San Diego, State of California, according to United States Government Survey,
approved April 22, 1876, included in that land described in deed to Milivoj Marinkovic, et ux,
recorded December 21, 1977, as File/Page No. 77-526100 in the Office of the County Recorder of
said County of San Diego, lying Southerly of the Westerly prolongation of the Northerly line of
that 15.00 foot wide strip of land described in deed of easement to said County of San Diego,
recorded May 23, 1979, as File/Page No. 79-212777 in said Recorder's Office.
TOGETHER with that portion of said Marinkovic land lying within a 5.00 foot wide strip of land
which lies Northerly of and contiguous to the aforedescribed Northerly line and Westerly
prolongation thereof of said 15.00 foot wide easement.
Excepting there from all easement that lies easterly of the westerly line of Parcel 2 as shown on
Parcel Map No. 873 recorded as file # 79-270035 on June 28, 1979 in the office of the County
Recorder of San Diego County.
As more particularly shown on Exhibit B attached hereto and by this reference made a part hereof.
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DRAINAGE EASEMENT
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DOC NO. 80-283674
TO BE VACATED
SCALE: 1"=100'
Resolution No. 17-058
EXHIBIT B Page 4
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