Res 88-120Resolution No. 88-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF
SEWER EASEMENT IN PARCEL 52 OF RECORD OF SURVEY
MAP NO. 4253
(Vacation 88-13)
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, Division 9 of the Streets and
Highways Code of the State of California, commencing at Section
8330; and
WHEREAS, the sewer easement in Parcel 52 of Record of Survey
Map No. 4253 was dedicated to the City of Poway per Document No.
81-185642, recorded June 15, 1981 in the office of the County
Recorder; and
WHEREAS, said sewer easement was intended for the installation
of said sewer main and appjurtenances that would link the sewer
system in City of Poway Tract No. 4092-R, Map No. 11320, otherwise
known as a portion of the Hirsh Ranch Residential Development, to
the existing sewer system in Sagewood Drive; and
WHEREAS, the replacement sewer easement was dedicated to the
City of Poway on December 27, 1985 as Document No. 85-489984 of
Official Records of San Diego County.
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(Section 8333a) and the easement has been superseded by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).
The City Council hereby declares that the sewer easement
recorded on June 15, 1981 at File/Page 81-185642 of
Official Records of San Diego County and more particularly
described as follows is hereby vacated:
Resolution No. 88-120
Page 2
A strip of land 10.00 feet in width lying within parcel 52
of Record of Survey 4253 in the City of Poway, County of
San Diego, sTate of California, as filed in the Office of
the San Diego County Recorder on April 10, 1957, said 10.00
foot strip lying 5.00 feet on each side of the following
described center line:
Beginning at Northeast corner of said parcel 52; thence
along the Northerly line thereof North 82°39'15" West
(North 82°40'00'' West per said Record of Survey 4253) 9.60
feet to the TRUE POINT OF BEGINNING; thence, leaving said
Northerly line, South 27°39'04'' West to a point of inter-
section within Northeasterly line of Sagewood Drive, Road
Survey 1462, as shown on said Record of Survey 4253, said
point being the TERMINUS of the herein above described
center line.
The sidelines of said 10.00-foot strip to be prolonged or
shortened as necessary to end Northeasterly in said
Northerly line of parcel 52, and Southwesterly in the
Northeasterly line of said Sagewood Drive.
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 18th day of
October, 1988.
ATTEST:
Robert C. Emery,
wahlsten, City Clerk
-- Resolution No.88-120
Page 3
STATE OF CALIFORNIA )
) SS.
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. 88-120 , was duly adopted by the City Council at
a meeting of said City Council held on the 18th day of October,
1988, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON , HIGGINSON , KRUSE, TARZY , EMERY
NONE
NONE
NONE
rjor~e\K. Wahlsten, City Clerk
City o~Poway