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Res 88-135Resolution No. 88-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF CERTAIN WATER EASEMENTS WITHIN TRACT "C" OF HAP NO. 536, FILED ON MAY 7, 1888 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO AND WITHIN A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN (Vacation 88-1~ WHEREAS, the City Council of the City of Poway desires to summarily vacate certain public service easements 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, by a seperate instrument, certain water easements in Tract "C" of Map 536 filed May 7, 1888 in the office of the County Recorder and in a portion of the Northwest quarter of the Southwest quarter of Section 12, Township 14 South, Range 2 West, San Bernardlno Meridian, were dedicated to the Poway Municipal Water District November 21, 1980 per File/Page No. 80-392581. 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. e The City Council hereby finds that the herein described public service easements for water have have been superseded by relocation and there are no other public facilities located within the easement {Section 8333c). The City Council hereby declares that the following public services easement is hereby vacated: See attached legal description titled "Exhibit A." 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. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 22nd day of November, 1988. Robe~rt C. Emery, Mayor~ ATTEST: Marjorie 1(. Wahlsten, City Clerk Resolution No. 88-135 Page 2 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. 88-135 , was duly adopted by the City Council at a meeting of said City Council held on the 22nd 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 of ~o?ay Resolution No. 88-135 Page 3 EXHIBIT "A" Parcel 1 The southerly 20 feet of the westerly 964.87 feet of the Northwest quarter of the Southwest quarter of Section 12, Township 14 South, Range 2 West, in the County of San Diego, State of California, according to the Official Plat thereof Parcel All that portion of Tract "C" of Poway, in the County of San Diego, State of California, according to the Map thereof No. 536, filed in the Office of the County Recorder of said San Diego County May 7, 1888, ~ Included within a strip of land 16.00 feet of even width, the Northwesterly and Southeasterly line of '+:,. ,~..&aid..~!6.00 foot wide str p of land lying 9.00 feet Northwesterly and 7.00 feet Southeasterly, ' '~. ~"Tl~sl~iVelY;~:from: the' following d~scribed line::. '.Beginning:at the Northwest corner of the Southerly 10.00 feet of'the Northwest Quarter of the . ,,~). uthwest Quarter of. Section 12, Township 14 South, Range 2 West, San Bemarclino Meridian, in the ~County' of San Diego, State of'California, according the the Official Plat thereof: thence I · '~'V ' · . a ong the esterly prolongation of the Northerly hne of said Southerly 10.00 feet, North 88057'44" West 0.86 feet; thence South 39o24,57- West'227;39 feet to a point on the arc of a 48.00 foot radius curve, concave Southwesterly, a radial line to said point bears North 31°01'53" East. The sidelines of the above described 16.00 foot wide strip of land shall be prolonged or shortened as __ necessary so as to terminate on the Southwest in the arc of said 48.00 foot radius curve. Parcel ,3 All that portion of Tract "C" of Poway, in the County of San Diego, State of California, according to the Map thereof No. 536, filed in the Office of the County Recorder of said San Diego County May 7, 1888, included within a strip of land 20.00 feet of even width, the center line of said 20.00 foot wide strip of land being described as follows: Beginning at the Southwesterly terminus of that certain course described in Parcel 2 above which is designated as "South 39°24'57" West 227.39 feet", being a point on the arc of a 48.00 foot radius curve, concave Southwesterly, a radial line to said point bears North 31°01'53" East; thence South 39°24'57" West 96.85 feet; thence South 87°24'43" West 749.79 feet to a point on the arc of a 2010.00 foot radius curve, concave Westerly, a radial line to said point bears North 87°41'49- East; thence Southerly along the arc of said curve through a central angle of 15057'24" a distance of 559.78 feet to its point of tangency with the Northerly prolongation of a line drawn parallel with and distant 10.00 feet Easterly, measured at right angles, from the center line of Carriage Road, as shown on the Map of Golden City Unit No.2, according to the Map thereof No.7066, filed in the Office of the County Recorder of said San Diego County September 28, 1971; thence tangent to said curve and along said prolongation, South 13°39'13" West (record South 13040'00.. West) to the Northerly boundary of said Golden City Unit No.2. Resolution No. 88-135 Page 4 LEGEND ,~ / I ~ ~ , /u~o,t,~ ..... i"tt,-I EE EX~l~lt ~ ~ /~ ~k~'~S xT~T~ei-5~; / % X /~ ~ ~,' / / ~ -~'~ .... ~ ....... ~ ~9,~ (~1 * ' PLAT O~ ~A~ LINE EA~E~ENT~ Of TH~ PO~Y ~UNICIP~ ~AT~