Res 07-078
RESOLUTION NO. 07-078
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY
ORDERING THE SUMMARY VACATION OF A
PORTION OF A WATER UTILITY EASEMENT
(VACATION NO. 07-02)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a
portion of a water easement 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 8300; and
WHEREAS, a water utility easement in a portion of Lots 3 and 4 of Section 35,
Township 13 South, Range 2 West, San Bernardino Base and Meridian, was dedicated
to the City of Poway through the recordation of Grant Deed 77-412369 for the purpose
of conveying water; and
WHEREAS, a new public water utility easement has been granted to replace the
portion of the water utility easement that is proposed for vacation.
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 The City Council hereby finds that the easement has been replaced by
another easement performing the same function (Section 8333(c)).
3. The City Council hereby declares that a portion of the water utility
easement in a portion Lots 3 and 4 of Section 35, Township 13 South,
Range 2 West, San Bernardino Base and Meridian, more particularly
described in Exhibit A. attached herein, 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 Recorder of San
Diego County in accordance with the provisions of Section 8336 of the
Street and Highways Code of the State of California.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of
Poway, California, at a regular meeting this 16th day of October 20
A~T~~adL-
L. Di ne Shea City Clerk
Resolution No. 07-078
Page 2
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. 07-078, was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of October 2007, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~"~.~g,;f~
City of Poway
Resolution No. 07-078
Page 3
EXHIBIT "A"
WATER EASEMENT VAC.ATION
EA 07-02
BEING A PORTION OF PARCEL 1 OF CITY OF POWAY TPM 05-04, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARCEL MAP THEREOF NO. 20036, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 5, 2006, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID
PARCEL . MAP NO. 20036; THENCE NORTHWESTERLY ALONG THE
SOUTHWESTERLY LINE THEREOF NORTH 19001'48" WEST 119.76 FEET TO THE
INTERSECTION WITH THE SOUTHEASTERLY SIDELINE OF A 20.00 .FOOT WIDE
EASEMENT FOR WATERLINE PURPOSES IN FAVOR OF THE CITY OF POWAY AS
GRANTED AND AS SHOWN ON SAID PARCEL MAP NO. 20036, SAID
INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
DEPARTING SAID SOUTHWESTERLY LINE AND ALONG SAID SOUTHEASTERLY
SIDELINE, SOUTH 59002'49" WEST 68.45 FEET; THENCE NORTH 29040'31" WEST
20.00 FEET TO THE NORTHWESTERLY SIDELINE OF SAID EASEMENT; THENCE
NORTHEASTERLY ALONG SAID NORTHWESTERLY SIDELINE, NORTH 59002'49"
EAST 72.23 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF
SAID PARCEL 2; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE
THEREOF, SOUTH 19001'48" EAST 20.44 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS 1407 SQUARE FEET (0.032 ACRE) MORE OR LESS
Bv!2e#r! ~ DATE: t>rI~/o7
RONALD . ROTH, PLS 5506
(MY LICENSE EXPIRES 09-30-08)