Res 84-028RF-~OLUTION NO. 84-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CAr.IFORNIA, STATING ITS INTENTION TO VAEATE AND ABA~]0N
A UTILITY EASemENT RESERVATION, AND S~.-r.'£NG A PUBLIC
HEARING DATE THEREFOR
(V~EATION NO. 84-01)
R. D. POCOCK
JO~ S. CAREY
~t~AS, there has ~n req~-__sted the vacation of the hereir~fter
described utility ~mement reservation, and
WHEREAS, Chapter 3 of Part 3 of Division 9 of the State of
California Streets and Highways Code, commencing at Sec. 8320, provi-
des that the City Council my, by resolution, declare its intent to
vacate any public service easement, and
~tEREAS, a public hearing is required at which all interested par-
ties may give evidence and testimony as to whether the herein~_fter
described utility easement reservation is necessary for any present or
prospective public use and if it should or should not be vacated.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Poway that it is the intention of this Council to vacate and abandon
the following described utility easement reservation purs,,~nt to the
procedures of Chapter 3 of Part 3 of Division 9 of the Streets and
Highways Code:
All that portion of that certain utility eas~m~ent as
reserved by the County of San Diego from its vacation of
Sixth Street, bet-~cn Pcmerado Road and Eisenhower
Avenue, in the R~-~olution adopted on January 29, 1974 by
the Board of Supervisors of San Diego County, California
and recorded on Febr,,ery 6, 1974 as File No. 74-031303
of Official R~cords, lying within the bouDa~ry of Parcel
1 of Parcel Map No. 10986, filed on Fehu~ery 12, 1981,
in the office of the County Recorder of San Diego County
(Assessor Parcel No. 317-031-58), and lying within that
certain parcel described in the deed recorded on jan,,ery
18, 1982, as File/Page 82-013278, of Official Records
(Assessor Parcel NO. 317-031-56 );
Said reservation being for "eas~ents and rights pur-
s,,ant to any existing franchise or renewals thereof, or
otherwise, at any time, or from time to time, to
construct, maintain, operate, re%~lace, remove, renew,
RESOLUTION NO. 84-028
Page 2
and enlarge lines of pipe, conduits, cables, wires,
poles and other structures, equipment, and fixtures for
the operation of gas pipelines, telegraphic and tele-
phone lines and for the transportation or distribution
of electrical energy and water and for incidental pur-
poses incl,~ng access to protect the property from all
hazards in, upon, over, and across the (easement area)."
"easements and rights at any time and from time to time
to construct, maintain, operate, replace, remove and
renew sanitary sewers, storm drains, and appurtenant
structures including access to protect the property
from all hazards in, upon, over, and across the
(easement area )."
Said utility easement reservation being 30 feet wide, and running
east-~est across the north side of Parcel 1 of Parcel Map 10986, and
that parcel described in Dccd 78-103278, which parcels are located on
the east side of Eisenhower Avenue, and on the west side of Pc~erado
Road, approximately 300 feet north of the centerline of ~dowbrook
Lane.
IT IS ORDERED that Tuesday, May 22, 1984, at the hour of 7:00 p.m.
at City Hall Chambers, 13325 Civic Center Drive, is fixed as the time
and place for a public hearing on this matter.
IT IS FURTHER ORDE~RDthatthe City Clerkof this City givenotice
of the adoption of this resolution andof the time andplacefixedfor
the be_~ring by publication of a notice therefor in the "Poway
chieftain", a newspaper of general circulation published intheCounty
of San Diego, for at least two successive %~s prior to said day
fixed for said hearing, and thattheClerkalsocause similar notices
to be conspicuously posted along the line of said utility easement
reservation proposed to be vacated as above described.
PASSED AhD ADOPTED by the City Council of the City of Poway,
California, at a regular n~eting thereof this 1st day of May, 1984.
Bruce Tarzy, Ma o~r 0~