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Res 88-116Resolution No. 88-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF DRAINAGE EASEMENT IN LOT 40 OF CITY OF POWAY TRACT NO. 4113-3, ~AP NO. 11508 (Vacation 88-12) WHEREAS, the City Council of the City of Poway desires to sum- marily vacate a certain public service 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, the drainage easement in Lot 40 of City of Poway Tract No. 4113-3, Map No. 11508 was dedicated to and accepted by said City through the filing and recordation of the final map of said Map No. 11508 on May 8, 1986 in the office of the County Recorder; and WHEREAS, said drainage easement was caused by the need of a watercourse along the Southerly limit of the subdivision of said Map No. 11508 for containment of drainage run-off from a portion thereof and including that land south of said subdivision; and WHEREAS, said Tract No. 4113-3 and said land south of it, which is identified as City of Poway Tract No. 4191-4R, are among the several tracts that comprise the City-approved planned residential development known as Rancho Arbolitos; and WHEREAS, due to the grading/drainage design of said Tract No. 4191-4R and its subsequent rough grading, the need of the aforemen- tioned watercourse constructed in said Tract No. 4113-3 is thereby eliminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 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. The City Council hereby finds that the hereinbelow described drainage easement has not been used for the pur- pose for which it was dedicated or acquired for five con- secutive years immediately proceeding the proposed vacation (Section 8333a) and the easement has been superseded by relocation and there are no other public facilities located within the easement (Section 8333c). 3. The City Council hereby declares that the hereinbelow described drainage easement is hereby vacated: Being a 20.00-foot wide drainage easement in Lot 40 of City of Poway Tract No. 4113-3, Map No. 11508, recorded May 8, Resolution No. 88-116 Page 2 1986 in the office of the County Recorder of San Diego County, State of California, described as follows: Beginning at the most Northeasterly corner of said Lot 40; thence South 33°58'10" East, 31.01 feet along the Easterly line thereof to the TRUE POINT OF BEGINNING: thence con- tinuing along said Easterly line South 33°58'10'' West, 10.15 feet; thence South 12°06'04'' East along said Easterly line, 10.38 feet; thence leaving said Easterly line South 59°55'35'' East, 313.53 feet to the Southerly line of said Lot 40; thence along said Southerly line South 79°57'35'' West, 58.38 feet; thence leaving said Southerly line North 59°55'35'' East; 370.90 feet to the TRUE 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 accor- dance 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 this llth day of October, 1988. ATTEST: Marjori~K. Wahlsten, City Clerk Resolution No. 88-116 Page 3 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution, No. 88-116 , was duly adopted by the City Council at a meeting of said City Council held on the llthday of October , 1988, and that it was so adopted by the following vote: AYES: BRANNON, HIGGINSON, KRUSE, TARZY , EMERY NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie~ K. Wahlsten, City Clerk City o~oway