Vacation 95-04 1995-0572940
REC;::ORDING REQUESTEv BY )
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ra~ n 1995-0572940
15-DEC-1995 02=38 PM
CITY OF POW A Y
205
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: O. 00
CITY CLERK
CITY OF POW A Y
P.O, BOX 789
POWAY, CA 92074
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No Transfer Tax Due
This SDace for Recorder's Use)
SUMMARY VACATION
By the attached Resolution No. 95-12~ the City of Poway, a municipal corporation, ordered
the summary vacation of a sewer easement recorded on February 6, 1990 on Map No.
12553,
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Don Higginson, orj
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Marjor~ K. Wahlsten, City Clerk
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State of California )
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County of San Diego )
On this the ~ day of J!)~f1;;Oefore me, ~~,:~-7t- /:?la-c.~ 7J~
the undersigned Notary Public, personally appeared Don Higginson and Marjorie K.
Wahlsten personally known to me to be the persons whose are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons or the entity upon behalf
of which the persons acted, executed the instrument. Witness my hand and official seal.
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z', SAN DIEGO COUNIY
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Notary Signature
206
RESOLUTION NO. 95-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE VACATION
OF A SEWER EASEMENT LOCATED WITHIN lOT 2 OF MAP 12553, RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 6, 1990
(VACATION 95-04)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate a certain sewer 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 sewer easement described by the attached legal description
and shown on the attached plat titled "Exhibit A" was dedicated to the public
on Map 12553 recorded February 6, 1990 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 sewer
easement is unnecessary due to the fact that the remaining sewer
easement is sufficient for the operation and maintenance of the
sewer main within the easement.
3. The City Council hereby declares that the following sewer easement
is vacated:
See attached legal description and plat titled "Exhibit A."
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 County Recorder of San Diego in accordance with the provisions
of Section 8336 of the Streets and Highways Code of the State of
California.
PASSED, ADOPTED, AND APPROVED by the
California, at a regular meeting this 12th
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ATTEST:
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MarjOri~j' Wahlsten, City Clerk
City Council of the City of
day of December, 1995.
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Don Hi9~f'0~yor
I hereby certify, under the penalty
of perjury, Ihal Ihe above and
foregoing is a Irue and correct
copy of Res61ulion No.9.<" -!..;J.s:
as adopted by Ihe City Council of
Poway, Cali/ornia on the /;;)U-
dayof~ ,'9~
MARJORIE K. W AHLSTEN, CITY CLERIC
by)hcv.:;~ k Jua-Mt:
,
Poway,
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207
RESOLUTION 95-125
Page 2
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO }
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No. 95-125was
duly adopted by the City Council at a meeting of said City Council held on the
12th day of December. 1995, and that it was 50 adopted by the following votes:
AYES: CAFAGNA, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY
c..osolution No. 95-125
Je 3
208
EXHIBIT A
Legal Description
A portion of an easement for sanitary sewer dedicated per Map No.
12553, filed in the Office of the County Recorder of San Diego
County, February 6, 1990, and more particularly described as
follows
The easterly 2.50 feet of the westerly 15,00 feet of Lot 2 of City
of Poway Tract No. BB-13, in the City of Poway, County of San
Diego, State of California, according to Map thereof No, 12553,
filed in the Office of the County Recorder of San Diego County,
February 6, 1990.
Exhi bit "A"
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..,.Resolution No. 95-125
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Existing 15.00' easement for sanitary sewer
purposes per Hap No, 12553
Existing 5.00' easement for storm drain purposes
per Hap No. 12553
Portion of existing easement for sanitary sewer
purposes dedicated per Hap No. 12553 vacated
by action of city Council on
Exhibit "A"