Res 88-130Resolutlon No. 88-[30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION
OF DRAINAGE EASEMENT IN LOTS 247 AND 248 OF
CITY OF POWAY TRACT NO. 4191-3BR, MAP NO. 12082
(Vacation 88-14)
WHEREAS, the City Council of the City of Poway desires to summarily 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 Lots 247 and 248 of City of Poway Tract
No. 4191-3BR, Map No. 12082 was dedicated to and accepted by said City through
the filing and recordation of the final map of said Map No. 12082 on May 27,
1988 in the office of the County Recorder; and
WHEREAS, subsequent to the recordation of said Map, the installation of
underground drainage piping and appurtenances was completed, and
WHEREAS, immediately thereafter said completion, the developer, Standard
Pacific, had constructed the slab and foundation of the proposed residence in
lot 248 of said Tract, and
WHEREAS, the chimney foundation was inadvertently constructed within said
easement, and
WHEREAS, Standard Pacific had executed the documents for the replacement
drainage easement dedication.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
This summmllary 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 purpose for which it was dedicated
or acquired for five consecutive years immediately proceeding the pro-
posed vacation {Section 8333a) and the easement has been superseded by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 portions of Lots 247 and
248 of City of Poway Tract No. 4191-3BR, Map No. 12082, recorded May 27,
1988.
The City Clerk of the City of Poway is hereby directed to cause a cer-
tified 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.
Resolution No. 88-130
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 15th day of November,1988.
ATTEST:
Marjorie I~. Wahlsten, City Clerk
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. 88-130 , was
duly adopted by the City Council at a meeting of said City Council held on the
15th day of November , 1988, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
NONE
NONE
NONE
Marjorie K. Wahlsten, City Clerk
City o f~.Poway