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Vacation 91-09 1992-0356957 RECORDING REQUEST BY: CITY OF POWAY )1673 ) ) ) ) ) ) ) ) ) ) ) n.o" H 19071_0~~69~'!. U ~ H 1 L W~ ~ 09-JUH-1992 08:43 AM OFFICIAL RECORDS SAH DIEGO COUNTY RECOROER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES: 0,00 WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 No Transfer Tax Due (This space for Recorder's use) SUMMARY VACATION 91-09 By the attached Resolution No. 92-0f3, the City of Poway, a municipal corporation, ordered the summary vacation of a Right-of-Way located within Parcel 2 of Parcel Map 12206 Recorded in the Office of the County Recorder of San Diego County on June 25, 1982. (Vacation 91-09) Located on Midland Road approximately 750 feet south of Twin Peaks ad. State of California) )ss. County of San Diego) On this the~ day of filLy I Iqq~ ,before me, J)LII~ N, NlUCelJ. the undersigned Notary Public, personally appeared Jan Goldsmith and Marjorie K. Wahlsten, personally known to me to be the persons who executed the within instrument as President and Secretary of the municipal corporation named herein. Witness my hand and official seal. ~r>tf+-I @ OFFIClALSEAL . " NANCY N NEUFELD . NoWy PubJIo.CaIIlomia . lWl DIEGO COUNTY " u,eamm. ElIIl' Doc. 21,1. ~\ 1I \\ r [ 1674 Resolution No. 92-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY STATE OF CALIFORNIA, ORDERING THE VACATION OF A RIGHT-OF-WAY LOCATED WITHIN PARCEL 2 OF PARCEL MAP 12206 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 25, 1982 (Vacation 91-09) WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain right-of-way 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; WHEREAS, a right-of-way within the attached legal description titled "Exhibit A" was dedicated to the City of Poway through a Grant Deed recorded June 7, 1982 in the office of the County Recorder as File Number 82-172790; WHEREAS, public utility facilities within the right-of-way were installed by public utility agencies; and WHEREAS, the City of Poway shall reserve and except from the vacation easements and appurtenant rights for the construction, maintenance, operation, replacement, and removal of public utility facilities. 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 Cal ifornia. 2. The City Council hereby finds that the herein described right-of- way easement is in excess of that required by the City of Poway General Plan and not necessary for road purposes. 3. The City Council hereby reserves and excepts from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the existing public utility facilities. 4. The City Council hereby declares that the following described right-of-way is vacated: See attached legal description and plat titled "Exhibit A" 5. 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. r I 1675 Resolution No. 92-083 Page 2 PASSES, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 26t day of M ,1992. (' \ V- , Mayor ATTEST: STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 92-083 was duly adopted by the City Council at a meeting of said City Council held on the 26th day of May, 1992 and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE ~~Wah~t~~~erk City of0hway r l 1676 Resolution No. 92-083 Page 3 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY The Westerly 12.00 feet of the Easterly 47.00 feet of Parcel 2 of Parcel Map 12206 in the City of Poway, County of San Diego recorded June 25, 1982 in the office of the County Recorder, in the Book of Parcel Maps; Being also that certain 47.00 feet described in that certain right-of-way dedication document recorded June 7, 1982 in said recorders office as File No. 82- 172790. -=:ITY 01 POWA, 1677 PLAT , SCALE:1"=50' -N- PARCEL 2 AREA BEFORE VACATION . 19,241 SQ, FT. (0.442 AC,) AREA AFTER VACATION . 20,88;3 SQ FT. (0.479 AC,) @f AR~A OF VACATION 1,642 SQ,FT, 10,0381 ACRE . , I I "'\ , "'\ ~ 8.\;;; \ '6. \ -",' O' q,.tf., \)G::J ~ ~'7; y 6" q,.tf "" '55'~ 51";'}; . ,61,90 '\ t::. 00'31'15' ~ I ~3 L- 7,70' \ \ ~......'Y' , ' ...... y I <1, , ," I .V ~ " \-61 ' ...., ..,~' II.<:Y "''''\' r-V C'olco \ V '", '" , 5 ,= !; to \\ -~-\ o ,,~ ' z ' \ -4-t~- " , 177.00' 12-.00 ~ J .... ~ . '" A [) SE COR, - :L.3737,45 ~ = AREA TO BE VACATED RECORDED DOC. NO. 02/17/31 BK 1846 PG. 449 04/04/55 BK 5392 PG. 33 05/03/77 77-166843 06/07/82 82-172790 06/07/82 82-172793 12/15/83 83-457415 SEE ALSO CERTIFICATES OF COMPLIANCE REC. 12/22/83 AS FIP 83-467838 AND REC. 12/30/83 AS FIP 83-477633 EASEMENT I HEALTH DEPARTMENT CERTIFICATION Prelim. Fee Rae. No. -, l'NEP Fernando A. Sanchez lONE NO, 748-0211 ADDRESS CITY ( ~o' ~o' ~ >::. t.. -::~~--------- -{ ~\~ ~ rl \ ;z. rl '" t::l o '" '" 0>. ...,-\ 'c^J - -0 '-8 ~ '" ,.l '" UI. ro '<it ';0 Vl \\~ 0' 0' ~O' ~ "1',.../11.1 PEAKS VIC.INITY ,., MA.P !~ NO SCA.~ ~ ( fOR DEPARTMENTAL USE ONLY Flnol Fee Rec, No, 14452 Midland Road Powav. CA 92064 OWNER Peggy A. Sanchez PHONE NO, 74 8- 0 211 ADDRESS 14452 Midland Road CITY Poway, CA 1"\'( KNOWLEDGE' AND CONSENT*~ 9.20~4 g _ ~4AT~f- ~ MAP PREPARED BY william J. Richard ADDRESS 13260 Poway Road PHONE NO, 748-2130 R.E. OR L.S, NO,LS 4451~ THIS PLAT WAS PREPARED WITH APPLICANT AODRESS PHONE NO. Fernando 14452 M.',dland 748-0211 Sanchez Road ~ ::00 ~ )> d;;j w:'J -<f;i o " :u C1 C ;:: Z )> :u -< )> o :::J o o z )> ;;j o )> ;;j z-o Or .)> -j No. 92-083 w -< ." Z )> r )> o :::J o z w -< ..-