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Res 05-007 RESOLUTION NO. 05-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE SUMMARY VACATION OF A PORTION OF A LANDSCAPE EASEMENT IN PARCEL 1 OF PARCEL MAP NO. 19453 (Vacation No. 05-01) WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of a landscape easement 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, a landscape easement in Parcel 1 of Parcel Map No. 19453 was dedicated to the City of Poway through the recordation of said Map on April 1, 2004, for the purpose of the City's Landscape Maintenance District (LMD) maintenance of slope areas along Scripps poway Parkway; and WHEREAS, the grading of Parcel 1 created a lesser slope area than what was originally anticipated at the time of recordation of said Parcel Map in the Office of the County Recorder of San Diego County on April 1 , 2004. 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 easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the vacation (Section 8333(a)). 3. The City Council hereby declares that a portion of the landscape easement in Parcel 1 of Parcel Map No. 19453, more particularly described in Exhibit A and depicted on Exhibit B, attached hereof, 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 Recorder of San Diego County in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California. Resolution No. 05-007 Page 2 PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 1st day of February 2005. ATTEST: I~ hnlt~"'{ kLA(j~ L. Dia e Shea, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 05-0D7 was duly adopted by the City Council at a meeting of said City Council held on the 1 st day of February 2005, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE DISQUALIFIED: NONE y(JlcJ~~><: L. Diane Shea, City Clerk City of Poway EXHIBIT "A" LANDSCAPE EASEMENT VACATION LEGAL DESCRIPTION PAGE 1 OF 1 THE LAND DESCRIBED HEREIN IS A PORTION OF PARCEL 1 OF Tim CITY OF POWAY PARCBLMAP NO. 19453 FILED IN THE OFFICE OF THE SANDIBGO COUNTY RECORDER APRIL 1, 2004, LOCATED IN TIlE CITY OF POW AY, COUNTY OF SAN DmOO, STATE OF CALIFORNIA, BEING A PORTION OF TIlE 50-FOOT WIDE LANDSCAPE BASEMENT DEDICATED TO THE CITY OF POWAYPER SAID PARCEL MAP, MORE PARTICULARLYDESCRIBBD AS FOLLOWS: . BBGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1, SAID CORNER BBINGONTHE SOUTH RIGHT-OF-WAY OF.SCRIPPS POWAY PARKWAY, 107.00 FEET WIDE, THENCE ALONG THE BAST BOUNDARY OF SAID PARCEL 1, SOUTH 00028'26" BAST 32.95 FEET TO l,JIB TRUE POINT OF BEGINNING:. THENCE CONTINUING ALONG SAID BAST BOUNDARY, SOUTH 00028'26" BAST 17.09 FEET TO THE SOUTHEAST CORNER OF SAID LANDSCAPE BASEMENT; THENCE ALONG THE SOUTH LINB OF SAID BASEMENT TIlE -POLLOWING COURSES: NORTH 88019'07" WEST 10.50 FEET AND NORTH 87"38'51" WEST 615.53 FEET TO THE WEST BOUNDARY OF SAID PARCEL 1; THENCE LEAVING THE SOUTH LINB OF SAID BASEMENT AND SAID WEST BOUNDARY, SOUTH 89007'04" BAST 144.84 FEET; TIlENCB SOUTH 88054'50" BAST 149.69 FEET; THENCB NORTH 89047'38" BAST 98.32 FEET; THENCE SOUTH 89"29'12" BAST 152.71 FEET; THENCE SOUTH 88016'28" BAST 79.89 FEBT TO TIlE TRUE POINT OF BEGINNING. CONTAINS 5,439 SQUARE FBET OR 0.1249 ACRBSOF LAND, MORE OR LESS. AS SHOWN ON EXIDBIT "B", ATTACHED HERETO, AND BY TIllS REFERENCE MADE A PART HEREOF. DATEDTIDS /~DAYOF ~<1M.M--;2oo4. p".~/ ~t=H~ DONALD ROY Y, .S. 7846 EXP. 12/31/06 ... - &- SCALE: I"R 100' ~' lljO' GRAPHIC SCALE EXI-&r "8" LAID9CAPE EADaENr VACA'J'JOH PLAT I , , I I I I I i + .~ I I ~ ~ i I, I ~I i ~, I --I I I j' p. 5J' PAGE: 1 CF 1 EAST fJO/..NJM.Y PARCEl.. 1 LJ LItE TA8..E LItE BE:ARlm L1 L2 LJ L4 54' \!i <0 SOUTH LItE 5O-FOOT WIDE UN>SCAPE: D.SE1ENT ffR PIi 19453 PARCEL. 1 PM t9453 ~ .. 'I! . . ~ ~ ! I I i I i" i FIJSC(E OOIfEERING-SAN OIEGO ING. g 6J9O CRfENWIat OR. STf. 170 ~ SAN OIEGO. CA 92122 :/ ~ ~ I~ICATES D.SE1ENT <<A TO IE VACA7ED ~ lfoDlCATES E:ASEJENT <<A TO RElJAIN WEST 8OI.NJARY PARCEl.. I I 50 EXISTI/IG LANJSCAPE E:ASEJENT I f9V ~'O I ~<(.(j >.,~'pt. ~ ~'"