Res 04-097
RESOLUTION NO. 04- 097
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE VACATION OF
PORTIONS OF COUNTY ROAD RS 722,
WITHIN PARCEL 3 OF PARCEL MAP NO. 17989
(VACATION 04-01)
WHEREAS, the City Council of the City of Poway desires to vacate portions of
County Road RS 722, within Parcel 3 of Parcel Map No. 17989, in accordance with the
procedures provided in Chapter 3, Part 4, Division 9, of the State of California Streets
and Highways Code (Code); and
WHEREAS, County Road RS 722 (RS 722) was dedicated to the County of San
Diego for public street purposes per documents recorded January 5, 1938, February 15,
1968, and May 24,1971, in Book 728, Page 382, File No. 26947, and File No. 107630 of
Official Records, respectively; and
WHEREAS, said portions of RS 722 to be vacated have been replaced by new
public street rights-of-way, thereby making said portions unnecessary for public streets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
California, as follows:
1. This Vacation is made under the provisions of Chapter 3, Part 4, Division 9,
of the State of California Streets and Highways Code.
2. The City hereby finds that said portions of County Road RS 722, being
more particularly described as follows, are hereby vacated:
THOSE PORTIONS OF THE RIGHT-OF-WAY FOR PUBLIC ROAD
PURPOSES, TOGETHER WITH THE PRIVILEGE AND RIGHT TO
EXTEND DRAINAGE AND EXCAVATION AND EMBANKMENT SLOPES
BEYOND THE LIMITS OF SAID RIGHT-OF-WAY, PER DOCUMENTS
RECORDED JANUARY 5, 1938, IN BOOK 728, PAGE 382, FEBRUARY
15,1968, AS FILE NO. 26947, AND MAY 24,1971, AS FILE NO. 107630,
ALL OF OFFICIAL RECORDS, LYING WITHIN PARCEL 3 OF PARCEL
MAP NO. 17989, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 25, 1998,
EXCEPT THOSE PORTIONS THEREOF LYING WITHIN THE
SOUTHEASTERLY 30.00 FEET OF SAID PARCEL 3 AS DELINEATED
THEREON AND LABELED "EXISTING OLD COACH ROAD
DEDICATION".
(
Resolution No. 04-097
Page 2
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 San Diego County
Recorder.
4. That from and after the date the Resolution is recorded, the Vacation is
complete.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 26th day of October 2004,
ayor
ATTEST:
~ !Jt.ihloQj)
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. 04-097 ,was duly adopted
by the City Council at a meeting of said City Council held on the 26th day of October
2004, and that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
~~
Sherrie D. Worrell, Deputy City Clerk
City of Poway