Vacation 97-02 1997-0334797
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L RECOR~ING REQUESTE~Y ) DO~ 1997-0334797
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I 16-JUL-1997 08:35 AM
, )
CITY OF POWAY ) 655 OFFICIAL RECORDS
) SAH DIEGO COUHTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: ) GREGORY Sl'\lTH, COUHTY RECORDER
) FEES: 0.00
CITY CLERK H~r 1111111 IIlllllIIlllIIllIlmm)~~ 11111111I1 1111111111111
CITY OF POW A Y )3+'
P.O. BOX 789 )
POWAY, CA 92074 )()
No Transfer Tax Due rJbjJ ) t.J f This space for Recorder's Use)
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V ACA nON
By the attached Resolution No, 97-~, the City of Poway, a municipal corporation,
ordered the vacation of a portion of a public street:Kerran Street in City of Poway Tract 85-
04, Unit 1, Map No. 11742, C;~ of PO<.J"-j
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Don Higginson, M~
'.
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I< 7D~ t.-
. Wahlsten, City Clerk
State of California )
) ss.
County of San Diego )
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On this the 9th day of July, 1997, before me, Elizabeth F. Dean, the undersigned Notary
Public, personally appeared Don Higginson and M~orie K.'Wahlsten personally known to
me to be the persons whose 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.
l~~~---------l
~ EUZAIlElH F. DEAN
CommIssIon .1tm980
i Nola'( Pubic - Cc:lIIIcfl*J
San Diego CountY ~
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E:\CITY\LEGISLA T\CITYCLRK\FORMS\ V AeJ .PF
. RESOLUTIONNO,97-067
6.
"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POW A Y
ORDERING THE VACATION OF A PORTION OF
A PUBLIC STREET, TO WIT: KERRAN STREET,
ALL IN CITY OF POW A Y TRACT 85-04 UNIT 1, MAP NO. 11742
(Vacation 97-02)
WHEREAS, the City Council of the City of Po way desires to vacate a portion ofa public
street in accordance with the procedures provided in Part 3, Division 9 of the Streets and
Highways Code of the State of California, commencing at Section 8300;
WHEREAS, Kerran Street was created and dedicated to the public through the
recordation of the final map of City of Po way Tract 85-04 Unit 1, Map No. 11742 on March 9,
1987;
WHEREAS, said street and public utility lines within the street right-of-way, i.e., water
sewer, drainage, electric, gas, and cable television, were designed, constructed, and/or installed
in accordance with the specifications and standards of the City of Po way and the respective
utility agencies;
WHEREAS, said streets are confined only within said Tract 85-04 Unit 1 and are not
servient to any adjoining properties;
WHEREAS the property owners of Lots 40 and 41 in said Tract 85-04 Unit 1 are
desirous of vacating a portion of the public street; and
WHEREAS, the City of Po way shall reserve and except from the vacation easements and
appurtenant rights for the construction, maintenance, operation, replacement, and removal of
public utility facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Po way as
follows:
1, This vacation is made under the provisions of Part 3, Division 9 of the Streets and
Highways Code of the State of California.
2, The City Council hereby finds that Kerran Street all in City of Po way Tract 85-04
Unit 1, Map No, 11742 is unnecessary for present public use,
3, The City Council hereby reserves and excepts from the vacation the following:
a, The easement (general utility easement) and right at any time, or from time to
time, to construct, maintain, operate, replace, remove, and renew sanitary sewers
and storm drains and appurtenant structures in, upon, over, and across a street or
highway proposed to be vacated and, pursuant to any existing franchise or
renewals thereof, or otherwise, to construct, maintain, operate, replace, remove,
renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other
convenient structures, equipment, and fixtures for the operation of gas pipelines,
telegraphic and telephone lines, cable television lines, and for the transportation
.
657
Resolution No, 97- 067
Page 2.
. .
or distribution of electric energy, and water, and for incidental purposes,
including access to protect these works from all hazards in, upon, and over the
street or highway proposed to be vacated,
b, Any easement and right necessary to maintain, operate, replace, remove, or renew
the public utility facilities,
4, The City hereby declares that a portion of Kerr an Street all in the City of Po way Tract
85-04 Unit I, Map No. 11742 is hereby vacated,
5, 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 San Diego County Recorder in
accordance with Section 8324, Part 3, Division 9 of the Streets and Highways Code.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Po way,
California, at a regular meeting this 8th day of July, 1997,
~I ~~ {J' -
Don Higginson, May""J[J"
ST ATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO ) by~~ k )'U-.:.4.-\ L
1, Marjorie K Wahlsten, City Clerk of the City of Po way, do hereby certify unde~tt penalty of
perjury, that the foregoing Resolution No, 97- 067was duly adopted by the City Council at a
meeting of said City Council held on 8th day ofJuly, 1997 and that it was so adopted by the
following vote:
1 hereby certify, under the penalty
of perjury, that the above and
foregoing is a Irue and corred
copy of Resolution No. q7- 0&, 7
.
as adopted by the City Council of
Poway, California on the 8"'~
day of..:J.ili._ 19 i1-
MARJORIE K. ,(; AHlSTE~, CITY Cl~RK
ATTEST:
Marjorie K Wahlsten, City Clerk
AYES:
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
NOES
NONE
ABSTAIN:
NONE
ABSENT:
EMERY
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Marjorie K Wahlsten, City Clerk
City of Po way