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Res 06-081RESOLUTION NO. 06 -081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION (VAC 06 -01) OF AN OFFER OF RIGHT -OF -WAY IN A PORTION OF PARCEL 2 OF PARCEL MAP NO.15531 APN: 321 - 200 -36 WHEREAS, on January 19, 1989, the City Clerk, authorized by the City Council of the City of Poway, rejected an Offer of Right -of -Way in a portion of Parcel 2 of Parcel Map No. 15531 to provide for the future alignment of State Route 125; and WHEREAS, the Offer of Right -of -Way in a portion of Parcel 2 of Parcel Map No. 15531 remains open subject to future acceptance; and WHEREAS, on June 19, 2001, the City Council of the City of Poway amended the General Plan deleting State Route 125 Sycamore Canyon Alignment, between Garden Road and Poway Road, from the Transportation Element; and WHEREAS, the City Council of the City of Poway desires to summarily vacate the Offer of Right -of -Way in a portion of Parcel 2 of Parcel Map No. 15531 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. 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 Offer of Right -of -Way as herein described is not necessary. 3. The City Council hereby declares that the Offer of Right -of -Way, 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 County Recorder of San Diego County in accordance with the provisions of Section 8336 of the Streets and Highways Code. Resolution No. 06 -081 Page 2 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at the regular meeting this 17th day of October 2006. ATTEST: 1� L. Diane thea, 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 the penalty of perjury, that the foregoing Resolution No. 06 -081, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of October, 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE L. lane Shea, City Clerk City of Poway Resolution No. 06 -081 Page 3 "EXHIBIT A" LEGAL DESCRIPTION STREET VACATION ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 15531, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1989 AS INSTRUMENT NO. 1989- 036661, OF OFFICIAL RECORDS, DESIGNATED AS "PORTION OF PARCEL 2 DEDICATED FOR PUBLIC ROADWAY PURPOSES ". * Exp.9/30/07 No. il9i MARVIN J. SYfAKOWSKJ, P.L.S. DATE: OF CAL�FO MY LICENSE EXPIRES 9/30/07 REC JOB# 03-480 MJS 4/03/06 SCALE: 1'= 300' 0 150 300 600 LEGAL DESCRIPTION PARCEL 2 OF P.M. 15531 4Q P• C17Y OF POWAY 7R 89 -06 N69'18'14 "E MAP NO. 140h0 79.72' N89 34'40 E G }. p APN 321 Q iQ O O N I D- r Z v C1 b d' r cc U I-- c V' 00 N : .. :. ......... :..... .............................3 �I :: ._,. :: ..:,.... AP.N S897300 1308.32' BE 1/4 BE 1/4 SEC 7 7.14S. R.I,W, S.B.M. LOCATION ® Civil Engineering Environmental o �rL L 2442 � c 2L42 Sawed avenue y y��1 3 ' SY LI( - Son Diego. CA 921D1 y, Q. 1 (619)232 -9200 (619)232 -9210 Fox 0 Consulton s, Inc. a DO. 9opD/07 NO. 6998 _ y MARVIN J. OWSKI, LS 6998 TE M1� CITY CFPOWAY STREET VACA77aV SHEET 1 OF 2 EXHIBIT B PLAT 0 PN 321- 200 -46 Resolution No. 06 -081 Page 4 D oa 0 r O Z 0. Q TWIN PEAKS RD. EXHIBIT B PLAT CURVE TABLE CURVE DELTA RADIUS LENGTH CI 90'00'00' 25.00 1 3927 C2 6'3124' 1551.00 176.59 C3 7 M30.00 19149 C4 9 1470.00 243.16 CS 10'1928' 1449.00 1 261.10 :XISTING EASEMENTS A) An easement for pipe lines and incidental purposes, Granted to: United States of America, Recorded: November 17, 1948 in book 3389, page of Official Records. Resolution No. 06 -081 Page 5 EXISTING EASEMENTS (CONTINUED) I) An easement for Public Roadway and rights incidental thereto, as shown or as offered for dedication on Parcel Nap 15531. Granted to: The County of an Diego Recorded: January 23, 1989 as File no. 89 -36661 ITEMS NOT PLOTTED HEREON Right of way for pipe lines and aqueducts for San Diego Flume Company, its successors and assigns. The interest of said Company in said easement has since passed to and now vests of record in Helix Water District. Definite 324, location of said right of way is not set out. B) An easement for the transportation of water, and any other structures appurtenant thereto and incidental purposes Granted to: United States of America Recorded: November 9, 1953 in book 5041, page 273, of Official Records. C) The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein where required for construction and maintenance. Granted to: The County of San Diego Recorded: June 14, 1970 as File no. 1970 -7052, of Official Records. D) An easement for pipe lines and incidental purposes. Granted to: City of Poway Recorded: August 13, 1981 as File no. 1981- 257354, of Official Records. E) An easement for pipe lines and incidental purposes. Granted to: City of PowayRecorded: October 23, 1981 as File no. 1981- 335969, of Official Records. F) An easement for public street and incidental purposes. Granted to: The City of Poway Recorded February 2, 1993 as File no. 1993 - 0066053, of Official Records. G) An easement for equestrian /pedestrian access and incidental purposes.Granted to: The City of Poway Recorded: February 2, 1993 as File no. 1993 - 0066057, of Official Records H) An easement for equestrian /pedestrian access and incidental purposes. Granted to: The City of Poway Recorded: February 2, 1993 as File no. 1993- 0066064, of Official Records. Civil Engineering Environmental 2442 Second Avenue Son Diego. CA 92101 (619)232 -9200 (619)232 -9210 Fox Consultants, Inc. (A MS) The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein where required for construction and maintenance. Granted Xo: County of San Diego Recorded: April 9, 1942 in book 1340, page 21, of Official Records. Definite location is not set out. The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein were required for construction and maintenance. Granted to: County of San Diego Recorded: August 4, 1953 in book 4943, page 145, of Official Records. The terms and provisions contained in the document entitled "Revocable License for Equestrian /Pedestrian Trail ", executed by and between Famste Investment Corporation Inc. and The City of Poway.Recorded: January 19, 1989 as instrument no. 1989 - 030080, of Official Records The right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein where required for construction and maintenance. Granted to: The County of San Diego Recorded: July 21, 1947 in book 2457, page 227, of Official Records. Definite location is not set out. An easement for road and incidental purposes. Granted to: Donald N and Horma L. Millard Recorded: November 29, 1960 as File no. 1960- 232351, of Official Records. The exact location and extent of said easement is not disclosed of record. CIYOFPOWAY STREET VA CA MV