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Vacation 98-05 1999-0024210 RECORDING REQUESTED BY 2p30 ) ) ) ) ) ) ) ) ) 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 lJFIWt RElDlm Il(II DIEm lmfIY RElD!IEl'S lJFIII GI5lRY J. IIIITIl. lmfIY IlErolJ& FEES: 0.00 AM (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 ) )ss. ) 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. J.- - 'f - ~~.i~~- f I Notay PubIlc - COIIIanIa ~ $a! DIegO COunty - _ _ _ ~~.:~~2~~i /, ~I t/~..;~ '(l 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 ~~ 0".. tT'p~ 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 ~w ~ (L1:-rp,~ ~ 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" ~('\'"'-..;~~ /~ ~~~~ ; ~-~~(\;j:;,_:--~. '/ l." ---'-." '''.. ., 7_.,,' /.;.~. "" '\ I <:>':'1:'/~:,.."Iur,~: ;~'" ~. .,/t~:'lf~~}~ ~ '. ~\ fr"':-- .\'{-W .' ... ~:: rj_: W. ~.: ,'- " ",: ~:- "" I~~~;~~':~} ';',..,' :.:': / . "j..! < ' -' "".:"' / Open Space Vacation (Lots 2,3 - Map 12975) Area = 39,284 S.F_ 8-$-94 AES No. 1035