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.
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DONALD ROY Y, .S. 7846
EXP. 12/31/06
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