Res 87-027RESOLUTION NO. 87-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION
OF A DRAINAGE EASEMENT WITHIN LOTS 13 AND "C"
OF THE CITY OF POWAY TRACT 4093-R, MAP NO. 11396
VACATION 87-02
WHEREAS, the City Council of the City of Poway desires to
summarily vacate certain public service easement in accordance
with the procedures provided therefor 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 drainage easement within Lots 13 and "C" of City
of Poway Tract 4093-R, Map No. 11396 was dedicated to the City of
Poway per said Map No. 11396.
WHEREAS, a drainage facility and appurtenant structures
intended to be built in said easement was constructed at a
different location as shown in the approved improvement plans
for the construction of public improvements on said Tract 4093-R.
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 hereinbelow
described drainage easement has been acquired less
than five years and more than one year, immediately
preceding the proposed vacation, and the easement
was not used continuously since the date of
dedication (Sec. 8333b), and that there are no
in-place public utility facilities that are in
use and would be affected by the vacation
(Sec. 8334.5).
3. The City Council hereby declares that the following
described drainage easement is hereby vacated:
Ail that portion of Lot "C" and 13 of City of Poway,
County of San Diego, State of California according
to map thereof No. 11396 filed in the office of the
San Diego County Recorder on December 19, 1985
described as follows:
RESOLUTION NO. 87-027
PAGE 2
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13;
THENCE ALONG THE LOT LINE COMMON TO LOTS 12 AND 13
NORTH 88o28'44'' WEST A DISTANCE OF 170.39 FEET;
THENCE ALONG THE LOT LINE COMMON TO LOTS 12 AND "C"
OF SAID TRACT 4093-R NORTH 01o35'39'' EAST A DISTANCE
OF 10.00 FEET; THENCE LEAVING SAID LOT LINE COMMON
TO LOTS 12 AND "C" SOUTH 88°24'21'' WEST A DISTANCE
OF 30.00 FEET; THENCE SOUTH 01°35'39'' WEST A DISTANCE
OF 40.00 FEET; THENCE NORTH 88°24'21'' EAST A DISTANCE
OF 30.00 FEET TO A POINT ON THE EAST LOT LINE OF SAID
LOT 13; THENCE ALONG THE EAST LOT LINE OF SAID LOT 13
NORTH 01o35'39'' EAST A DISTANCE OF 10.00 FEET; THENCE
ALONG A COURSE THAT LIES 20.00 FEET SOUTHERLY OF AND
PARALLEL WITH THE LOT LINE COMMON TO LOTS 12 AND 13
SOUTH 88o28'44'' EAST A DISTANCE OF 172.49 FEET TO A
POINT ON A NONTANGENT 378.00 FOOT RADIUS CURVE
CONCAVE TO THE EAST, A RADIAL OF SAID CURVE BEARS
NORTH 84003'43'' EAST TO SAID POINT; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 03o02'53'' A DISTANCE OF 20.11 FEET TO THE POINT
OF BEGINNING.
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 Streets and Highways Code.
PASSED, ADOPTED, AND APPROVED by the City Council of the City
of Poway, California at a regular meeting thereof this 10th day
of March 1987.
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
that the foregoing Resolution was duly adopted by the City Council at a meeting
of said City Council held on the lOth day of March , 19 87, and
that it was so adopted by the following vote:
AYES: COUNCILMEMBERS, EMERY, HIGGINSON, KRUSE, TARZY
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCILMEMBER BRANNON
Marjori?e K. Wahlsten, City Clerk
City of Poway
,,
5/K/Certify