Vacation 99-03 1999-0795800
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~E(,;ORSING REQUEStD BY
DOC .1999-0795800
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CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY, CA 92074 )
V%', ~, No Transfer Tax Due ) This spaceJor Recorder's Use)
~ Index as a Resolution
SUMMARY VACATION
'\ Summary Vacation of a 10-Fo6tSewer Easement Granted to Pomerado County Water
District Located Within Parcels 1 and 2 of Parcel Map No. 15125 in the City of San Diego
(Vacation No 99-03)
DEe 07.
1999 8:13
AM
CITY OF POWAY
WHEN RECORDED MAIL TO:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
State of California )
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County of San DiElgo )
On this the 3(l.D dayof1)-ecPv\Jn.-- ,1999, before me, J"'V\L I?, La.wie.v-Jtll--It.
the undersigned Notary-Public, personally appeared Michael P Cafagna and Lori Anne
Peoples personally known to me to be the persons who 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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JANE E. lAUD81DAlf"
..' CornmlDIon. lZlll546 'i,
I "NDIay",~ .,'c:...m..,4., I:~
. ~Sm1 DIego CoI.nIr f
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AOvv-LL ~~~
Notary Signature
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RESOLUTION NO. 99-076
ARESOLUTION OF THE q'rY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE SUMMARY VACATION, OF A SEWER EASEMENT
LOCATED WITHIN PARCELS 1 AND 2 OF PARCEL MAP NO. 15125
IN THE CITYOF;SANDIEGO, RECORDED IN THE OFFICE ClF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 1,1958
(Vacation No. 99-03)
WHEREAS. the City Council of the City of Poway desires to summarily vacate a
certain ,sewer easemElnt 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 sewer easement described by the attached legal description entitled
Exhibit "A" and as shown on the attached plat entitled Exhibit "B" was dedicated to the
Pamerado County Water District as Document No, 70092 in Book 7062, Page 438 of
Official Records on May 1, ;i 958; and
WHEREAS, the sewer main was decommissioned subsequent to the construction of
the Pomerado Extension Trunk'Sewer; and
WHEREAS, the City of PoWay became a successor-in-interest to the Dedication upon
its incorporation on December 1,1980
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 cif Califomia.
2. The City Council hereby finds that the herein described sewer easement is
unnecessary since the sewer main was 'decommissioned subsequent to the
construction of the Pomerado Extension Trunk Sewer; Le,. it has not been used
for the purpose for which it was dedicated or acquired for five consecutive years
immediateiy preceding the proposed vacation (Section 8333a).
3. The City Council hereby declares thatthe following sewer easement is vacated:
See attached legal description entitled Exhibit "A" and plat entitled Exhibit "B"
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Resolution No, 99 - 0.76
Page 2
4 T~elCify Clerk of the City of Poway is hereby directed to cause a certified copy
ofthis resolution to'be recorded in the Office of the County Recorder of San
Diego.C6untyih accordance with the provisions of Seciiona336 ofthe Streets
and'HighwClYs Code,
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Lorl Aline Peoples, City Clerk
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PASSED, ADOPTED, AND APPROVED, by the City Councilofthe City of Po way,
California, at-a reguJar:meetingthis 28th' day ofSe p.t "e:m b e r ,1999,
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MichaerP, CCafagna;' Mayor
I he'llbv;certltv..unde'!ne penalty of
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po'Jurv, , !not !ne above and
ro'egolng i~rue'and correct copy
01 RolSoIut1anNa, '19~t? 7 b ,
os odapted by !he CIty CouncI 01
Poway, CaIWoinltionthe 'flfi;6t ,
~OI~C=~Qmc
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I, Lori Anne Peoples;Ci!Y9Jerkofthe City of Poway, do hereby certify" under penalty
of perjury, that the foregoing Resofution No. 99-0.76 was duly adopted by the City
Council at.a meeting of said City Council held dhthe, 28th day ofSeotember
1999, and that it was:soadopted by the following vote:
STATE OF CALIFORNIA
ATTEST,
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Cout~TY OF SAN D!EGO )
ss.
AYES. EMERY', GOLDBY, HIGGINSON, REXFORD, t:AFAGNA
NOES NONE
ABSTAIN: NONE
ABSENf NONE
Lori Anne Peoples, GitycClerk
City of Po way
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Resolution No, 99 - 0.7 6
Page 2
4 The'Gity Clerk of the!City of Powayis hereby directed to, cause a certified copy
onhis, resolution.'to be recorded ili'the Office of theC<:,unty Recorder of San
Diego,County in,accordance with the proitisionsofSection 8336 of the Streets
alidHighiNays Code.
ATTEST"
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Lo Anne Peoples, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF"SAN DIEGO )
I, Lori Anne Peoples"CityClerk'ofthe City ofPoway,do'hereby certifY, underpenalty
of perjury, thclt"the foregoing 'Resolution No. 99 - 0 7,6' . was duly a'doptea \:}y the City
Council at.a meetihgof said City Council held on the 28th day of Sept em b e r
1999, and that it was so ,adopted by the following vote: . .
AYES, EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT" NONE
Lori Anne Peoples, City Clerk
City of Poway
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Reso luti on No. 9 9 - 076
Page 3
Exhi,bit"A"
j-12734B
SEWER EASEMENT VAGATION
VAt 99-03
A vacation of a portioQ ,of that certain 1 O,OOfoci( sewer easement granted to
Pomeradci County Water Distr[ct,'May 1, 1958 as'[)ocument No., 70092 in. Book 7062,
Page 438 of, Official Records, 'said portion lying within Parcels 1 and 2: of Parcel Map
No. 15125, Parcell ofParcellillap 17982, Springhurst Drive, ,Sabre Springs Parkway,
and Springbrook Drive, The centerline of said 1'0.00 foot easement more particularly
described as follows:
Beginning at a.point:onthe:SGutheasterly line of County Road shown on Road, S:..::vey
No. 987 according to plat thereof on file in the Office of the County Surveyor of San
Diego County, Calif Ornia, said point being located opposite'centerJine Station 95 plus
9,13 according to said plat; thence South 00006'47" East parallel with and 10,00 feet
distant Westerly',trorn'the West iine of land described in Deed to Franklin,j, Banks; and
wif!:), recorded September 12, 1955, in Book 5787, Page 93 of Official Records
243,95 feet; thence SoiJth13030'43" West 330.06 feet; thence South 49028',09:'
W~st 554.51 feet; thence South 62042'01" West 351.53 feet; thence South
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84025'Q0-" West 333,43 feet; thence South 37"56'53" West 180<41 feet; thence
South 50036'08" West 421.54 fee,t; thence South 88"10'00" West 357.93 feet,
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thence South 83040'00" West 342 34 feet to a point of terminus of the herein
described centerline on the Westerly Right-of-wqylihE:! of' Springbrook Drive dedicated
per document recorded'"january 17, 1989 as File No. 89"022068 of OffiCial Records
IT'he sideline of said easement being vacated to be lengthened ,or shortene.d so as to
terminate on the Southerly Right-of-way of Poway Road at the point ofbegihning and
the Westerly .Right-of-way line of said Springbrook Drive at the Po.int of Terminus
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Rober.!' G. Schoettrner
L.S 4324
jbl12734b,OOl
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Resolution' No, 99'-076
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SABRESPRINGS7
COMMUNITY PLAN
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