Vacation 90-09 1990-496578
1244
90- 9.6518
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City of poway
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RECORDING REQUESTED BY:
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WHEN RECORDED, MAIL TO:
City Clerk
City of poway
P.O. Box 789
Poway, CA 92064
NO fEl
No Transfer Tax Due
(This space for Recorder's use)
SUMMARY VACATION NO. 90-09
By the attached Resolution No. 90-12l, the City of Poway, a municipal cor-
poration, ordered the Summary Vacation of the 10.00 foot Wide Drainage Easement
in Lot 17 and the Abutter's Rights of Access Appurtenant to Portions of Lots 17
and 18 in and to Fairgate Drive, all in Westgate Unit No.1, Map No. 6950.
(Located south of Poway Road at the intersection of Midland Road and Fairgate
Drive. )
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Don Higginson, M'
State of California)
)ss.
County of San Diego)
On this the)~ day of 4,?/u,5,t ,before me, ~AIJ'r AI. JJ~IA /~/~j
the undersigned Notary Public, personally appeared Don Higginson 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.
@ OFFICIAL SEAL
, .. NANCY N NEUFELD
. NoIIIy PubIk>C8IIlomIa
· SAN DIEGO COUNTY
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My Comm. EJp. Doc. 21. 1182
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1245
Resolution No. gO-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF THE
10.00-FOOT WIDE DRAINAGE EASEMENT IN LOT 17 AND THE
ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO PORTIONS OF
LOTS 17 and 18 IN AND TO FAIRGATE DRIVE, ALL IN
WESTGATE UNIT NO.1, MAP NO. 6950
(Vacation 90-09)
WHEREAS, the City Council of the City of poway desires to summarily vacate
certain public service easements in accordance with the procedures provided in
Chapter 4, Park 3, Division 9 of the Streets and Highways Code of the State of
California, commencing at Section 8330; and
WHEREAS, the 10.00-foot wide drainage easement in Lot 17 and the abutters'
rights of access appurtenant to portions of Lots 17 and 18 in and to Fairgate
Drive, all in Westgate Unit No.1, Map No. 6950 were dedicated to the San Diego
County Flood Control District and County of San Diego respectively through the
filing and recordation of the final map of said Map No. 6950 on June 1, 1971;
and
WHEREAS, the City of poway became the successor in interest for said
drainage easement and abutters' rights of access upon its incorporation on
December 1, 1980; and
WHEREAS, said drainage easement was caused by the need of a concrete ditch
along the west 10.00-feet of Lot 17 of said Map No. 6950 for containment of
drainage run-off from Fairgate Drive into Poway Creek; and
WHEREAS, in 1988, the City of poway constructed the street improvement and
drainage system improvement on Midland Road extension from Poway Road to its
connection Fairgate Drive; and
WHEREAS, the completion of said improvements diverted drainage run-off away
from said easement to the drainage system in Midland Road; and
WHEREAS, due to the diversion of drainage run-off, the need for the afore-
mentioned drainage easement is thereby eliminated.
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 drainage easement in Lot 17,
Westgate Unit No.1, Map No. 6950 has been superseded by relocation and
that there are no public facilities located within the easement (Section
8333c).
3. The City Council hereby finds that the abutters' rights of access appur-
tenant to portions of Lots 17 and 18, Westgate Unit No.1, Map No. 8950
has its use restriction terminated, i.e. it has not been used for the
purpose for which it was dedicated or acquired for five consecutive
years immediately preceding the proposed vacation (Section 8333a).
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1246
Resolution No. 90-171
Page 2
4. The City Council hereby declares that the drainage easement along the
west 10.00-feet of Lot 17 and the abutters' rights of access appurtenant
to portions of Lots 17 and 18, all in Westgate Unit No.1, Map No. 6950
are hereby vacated.
5. The City Clerk of the City of Poway is hereby directed to cause a cer-
tified copy of this resolution to be recorded in the Office of the
Recorder of San Diego County in accordance with the provisions of
Chapter 4, Part 3, Division 9 of the Streets and Highways Code com-
mencing at Section 8330.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 28th day of August, 1990.
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Don Higginson,
, '
r:r
M~r
ATTEST:
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Marjorie K. Wahlsten, City Clerk
U
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. 90-171, was
duly adopted by the City Council at a meeting of said City Council held on the
28th day of August, 1990, and that it was so adopted by the following vote:
AYES:
NOES:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
ABSTAIN: NONE
ABSENT: NONE
}' J1J~t.--
Marjorie K Wahlsten, City Clerk
City Of~y