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(Section 8333a) and the easement has been superseded by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