Vacation 05-01 2005-0189777
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:RECORDING REQUESTED BY ) DOC # 2005-0189777
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CITYOF POWAY )
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WI'iEN'RECORDED'MAIL TO' ) MAR 08. 2005 2:04 PM
) OFFIUo.L RELUFIC";
CfTV bLERK ) S,.::.N [IIEGO IJlllrH'1 RE[[IF:[IER'S OFFICE
bffY"OF POWAY ) GF:ECiDR'1 ,I '3h,j1TH [CiUr'Jll RErOF:[I~R
12450 FEE", 0.00
POBOX 789 ) pc,JiE :, t,
~ POWAY~, CA 92074 ) I~OOOO~~OO"OOOOUmOO~OOml
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IJ .No Tra"r7isfer Tax DUe 2005-0189777
~~' Parcef"Map 19453, Parcel 1 I
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Index as a Resolution
VACATION 05-01
'By the attached Resolution. No 05-007, the City of Poway; a municipal carporatio_n,
Ordered the Suri)ri1ary Vacation Cif,a portion of Landscape Easement, within Parcel 1 of
Parcel Map No '19453
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L. Diane, Shea, City Clerk
State of California )
Gounty"ofSan Diego ) ss.
)
Orittii~ the 2nd day of Fepruary 2005, before me, Shelley Collins, Notary Public" the
"I. ',' . _ ".".' . ' .. d, _. _ _.., ",
undersigned. Notar,Y Public, personally appeared, Michael P Cafag,na ahd L. Diane
Shea, personally known to me to be the persons who are subscribed to the within
instrumer;if :and' ackr:lO.wll:)dged to me that they executed the same ih their authorized
capacities, and lliaf byctheir signatures on the instrurii"ent the persons 6rtheentity upon
- ,-"<- -C> .,-- - ,- - .-- -. .' ~. - --- -,. - - .. ,. .
behalf ohvnich the persohsacted, executed the instrument. Witness my' nand and
official seal.
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~ITY POWA' 12451
MICKEY CAFAGNA, Mayor OF
BOB EMERY, Deputy May'"
MERRILEE BOYACK, Ctluncilm\:mber
DON HIGGINSON, Councilmemher
BETTY REXFORD, Councilmemher
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )SS
CITY OF POWAY )
I, Sherrie 0 Worrell, Deputy City Clerk of the City of Poway, California, hereby
certify, under penalty of perjury, that the attached and foregoing is a true and correct
copy of Resolution No 05-007 approved by the City Council of Poway on February 1,
2005
~~
Sherrie 0 Worrell, CMC
Deputy City Clerk
City Hall Located at 13325 Civic Center Drive
Mailing Address: PO Box 789, Poway, California 92074-0789 · (858) 668-4400 FAX 668-1205
@ Primed un Rccych,d Paper
. . 12452
RESOLUTION NO 05-007
A RESOLUTION OF THE CITY COUNCIL
OFTHE CITY OF POWAY
ORDERING'THE SUMMARY' VACATION
OF A PORTION OF A LANDSCAPE EASEMENT
IN pARCEL 1 OF PARCEL MAP NO 19453
(Vacation No 05-01)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a
portion of alaridscape 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 8330; and
WHEREAS, a landscape easement in Parcel 1 of Parcel Map No 19453 was
dedicated to the City of Poway through the recordation of said Map on April 1, 2004, for
the purpose of the City's Landscape Maintenance District (LMD) maintenance of slope
areas along Scripps Poway Parkway; and
WHEREAS, the grading of Parcel 1 created a lesser slope area than what was
originally anticipated at the .time of recordation of said Parcel Map in the Office of the
County Recorder of San Diego Gounty on April 1 , 2004
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 Chapter4, Part 3,
Division 9 of the Streets and Highways Code of the State of California.
2. The City Councifhereby finds that the easement has not been. used for the
purpose for which it was dedicated or acquired for five consecutive years
immediately preceding the vacation (Section 8333(a)).
3 The City Council hereby declares that a portion of the landscape
easement' in Parcel 1 of Parcel Map No 19453, more particularly
described in Exhibit A and depicted on Exhibit B, attached hereof, is
hereby vacated.
4 l]:le City Clerk of the City of Poway is hereby directed to cause a certified
copy oftliis.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.
. . 1245.3
Resolution No. 05-007
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of
Poway, California, ata regular meeting this 1st.day of February 2005
ATTEST.
~~~~
L. Dia e Shea, 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 penalty
of perjury that the foregoing Resolution No 05-007 was duly adopted by the City
Council at a meeting of said City'Council held on the 1 st day of February 2005, and that
itwas so adopted by the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN NONE
DISQUALIFIED' NONE ?i(~~~
L. Diane Shea, City Clerk
City of Poway
. .
12454
EXHIBIT "A"
LANDSCAP~EASEMF;NTV ACATlON
.LEGAL DESCRIPTION
PAGE 1 OF 1
THE LAND DESCRIBED HEREIN IS A PORTION OF PARCEL 1 OF Tim CITY OF
POWAY PARCEL MAP NO 19453 FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER APIqL 1, 2004, LOCATED IN THE CITY OF POW AY,
COUNTY OFSAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE
50-FOOT WIDE LANDSCAPE EASEMENT DEDICATED TO THE CITY OF
POWAY PER SAID P ARCELMAP, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGlNNINGAT THE NORtHEAST CORNER OFSAID PARCEL 1, SAID CORNER
BEINGONTHE SOUTH RIGHT-OF-WAY OF SCRlPPSPOWAY PARKWAY,
107.00 FEET WIDE, THENCE ALONG THE EAST BOUNDARY OF SAID PARCEL
1, SOUTH 00028'26" EAST 32.95 FEET TO THE TRUE POINT OFBEGlNNING;
. - ...-
THENCE CONTINUING ALONG SAID EAST BOUNDARY,SOUTH 00028'26"
EAST 1709 FEET TO THE SOUTHEAST CORNER OF SAID LANDSCAPE
EASEMENT; THENCE ALONG THE SOUTH UNE OF SAID EASEMENT THE -.
-POLLOWING COURSES: NORTH 88019'07" WEST 10.50 FEET AND NORTH
87038'51" WEST 615.53 FEEI TO THE WEST BOUNDARY OF SAID PARCEL I,
THENCE LEA VlNG THE SOUTH LINE OF SAID EASEMENT AND SAID WEST
BOUNDARY, SOUTH 89007'04"'EAST 144.84 FEET, THENCE SOUTH 88054'50"
EAST 149 69 FEET; THENCE NORTH 89047'38" EAST 98.32 FEET; THENCE
SOUTII 89029'12" EAST 152.71 FEET; THENCE SOUTH 88016'28" EAST 79.89
FEET TO THE TRUE POINT OFBEGlNNING.
CONTAINS 5,439 SQUARE FEET OR 0.1249 ACRES ,OF LAND, MORE OR LESS.
AS.SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY TIDS REFERENCE
MADE A PART HEREOF
DATEDTIDS I~DAYOF A-<-<,r,.4--;2004
p..~~_/~~
DONAW ROY Y, .S. 7846
EXP 12/31/06
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12455
EXHBIT'S'
LANDSCAPE EASEMENT VACAT10N
nAT ~~1~1
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P. . EAST BOlNJARY PARCEL 1
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LItE: DISTAta:
L1 32.95'
5J' L2 17.09'
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r I ;;; L4 79.89'
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I I S(JJ(H LINE 5O-F00T WIDE
LAtl)SCAff EASEMENT PER PM 19453
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i + PARCa 1 f
./. PM 19453 ~
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I IMJICATES EASEAENT ~
I .. " AREA TO BE VACA1ED ~
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~ I ~ IWICATES EASEJENT ~
3IE AREA TO REMAIN ~
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I WEST BOlNJARY PARCEL 1 .~
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EA~m c
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SCALE: 1"= 100' I I ~. \'V ~
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~ . FUSCOE ENGIIffRINJ:-SAN DIEGO 1M::. ~
GRAPHIC SCALE 6390 GREENW[(Ji DR. STE. 170 !5-
SAN DIEGO. CA 92122 ii