Vacation 98-05 1999-0024210
RECORDING REQUESTED BY
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CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92074
No Transfer Tax Due
DOC #-1999-0024210
JAN 15, 1999 8:06
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(This soace for Recorder's Use)
Index as a Resolution
SUMMARY VACATION
By the attached Resolution No. 99-003, the City of Poway, a municipal corporation,
ordered the summary vacation of a portion of an open space easement recorded on
September 21, 1992 as File No. 92-597993 on Map No. 12975.
State of California
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County of San Diego
Michael P. C
On this 12th day of January, 1999, before me, Vivian MacZis the undersigned Notary
Public, personally appeared Michael P. Cafagna and Lori Anne Peoples personally known
to me to be the persons whose names 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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Notary Signature
2931
RESOLUTION NO. 99-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF
A PORTION OF AN OPEN SPACE EASEMENT IN LOTS 2 AND 3
OF CITY OF POWA Y TRACT NO. 89-01, MAP NO. 12975
(Vacation No. 98-05)
WHEREAS, the City Council of the City of Poway desires to summarily vacate an
open space easement in accordance with the procedures provided in Chapter 4,
Division 9 of the Streets and Highways Code of the State of California, commencing at
Section 8330; and
WHEREAS, an open space easement in Lots 2 and 3 of City of Poway Tract
No. 89-01, Map No. 12975, was dedicated to the City of Poway through the filing and
recordation of the map, Document No. 92-597993, on September 21, 1992; and,
WHEREAS, on May 6,1994, Minor Development Review Application (MDRA)
94-15 was approved for the construction of a building addition on Lot 3 of Map
No. 12975 to accommodate an area for a building addition and a sewage leach field
expansion; and,
WHEREAS, the building addition and leach field expansion in Lot 3 have now
been completed.
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 portion of the open space in Lots 2 and
3 of Map No. 12975, was superseded by relocation, and there are no
other public facilities located within the easement (8333c).
3. The City Council hereby declares that the open space easement in Lots 2
and 3 of City of Poway Tract No. 89-01, Map No. 12975, as described in
Exhibit "A" attached hereto and made a part hereof, is hereby vacated.
4. The City Clerk is hereby directed to cause a certified copy of this
resolution to be recorded in the Office of the San Diego County Recorder
in accordance with the provisions of Section 8336 of the Streets and
Highways Code.
2932
Re Jtion No. 99-003
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway, California, at a regular meeting this 5th day of January 1999.
ATTEST: Q
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Lori nne Peoples, City Clerk
I hereby certify. under the penalty of
perjury. that the above and
foregoing is 0 true and correct copy
of Resoiution No. Cf1-oo3.
os adopted by the City Council of
Poway, California on the .!;,r)::;:t::
day Of~. 19-2...7-.
LORIVANNE PEO E ITV CLERK
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution Number 99-003, was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of
January 1999, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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~ Peoples, City C erk
City of Poway
2933
Rbolution No., 99-003
Page 3
LEGAL DESCRIPTION
Those portions of LOTS 2 and 3 of CITY OF POWAY TRACT NO. 89-01,
in the City of Poway, County of San Diego, State of California,
according to MAP thereof No. 12975, filed in the Office of the
County Recorder of said San Diego County on September 21, 1992,
more particularly described as follows:
BEGINNING at the Northwest Corner of said Lot 2; thence southerly
along the westerly line of said LOT 2, South 2055'15" West a
distance of 417.36 feet to a point on the northerly line of that
land dedicated to the City of Poway for open space on said MAP
NO. 12975, said point being the TRUE POINT OF BEGINNING; thence
North ~3046'58" East 7.90 feet; thence South 16008'47" East 85.11
feet to the begi r;ning of a tangent 85.00 foot '.radius cUI've
concave northeasterly; thence southerly and easterly along said
.
curve through a central angle of 33016'04" an arc distance of
49.35 feet; thence leaving said curve South 82042'05" West 94.04
reet; thence South 27003'57" West 37.81 feet; thence South
39043'54" West 260.49 feet to an angle POillt ill said northerly
line of said open space land; thence northerly along said
northerly line North 5015'00" West 128.00 feet to the beginning
or a tangent 150.00 foot radius CUI've concave southeasterly;
thence continuing northerly and easterly along said curve through
a central angle of 75015 '00" an arc distance of 197.00 feet;
thence tangent to said curve and c0ntinuing along said northerly
line North 70000'00" East 94.38 feet; thence North 43046'58" East
67.15 feet to the TRUE POINT OF BEGINNING.
EXHIBIT "A"
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Open Space Vacation (Lots 2,3 - Map 12975)
Area = 39,284 S.F_
8-$-94
AES No. 1035