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Res 89-158Resolution No. 89-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF CERTAIN DRAINAGE EASEMENTS WITHIN: LOTS 12 THROUGH 15 INCLUSIVE, 39, 40, 41, 61, and 73 OF CITY OF POWAY TRACT NO. 84-08 ACCORDING TO THE MAP THEREOF NO. 12044 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 88-177346 ON APRIL 18, 1988 (Vacation 89-10) 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, those drainage easements within the attached legal description titled "Exhibit A" were dedicated to the City per Map 12044 known as City of Poway Tract No. 84-08 recorded as File No. 88-177346 on April 18, 1988 in the Office of the County Recorder. 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 The City Council hereby finds that the herein described public service easements have been superseded by relocation and there are no other public facilities located within the easement. 3. The City Council hereby declares that the following described drainage easements are hereby vacated: See attached legal descriptions and plats titled Exhibit "A" and "B", respectively 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~ty Council of the City of Poway, California, at a regular meeting this 26t~. Carl Kruse, Mayor ATTEST: Marjoriei,~ K.. Wahlsten, City Clerk Resolution No. 89- 158 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. 89-158, was duly adopted by the City Council at a meeting of said City Council held on the 26th day of September, 1989 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRANNON, GOLDSMITH, HIGGINSON, KRUSE NONE NONE EMERY MarjoriA )~. Wahlsten, City Clerk City o f~?ay Resolution No. 89-158 Page 3 EXt4mlT "A" DRAINAGE EASEMENT VACATION THAT PORTION OF LOTS 12 THROUGH 15 INCLUSIVE, 39, 40, 41, 61 AND 73 OF CITY OF POWAY TRACT MAP 84-08, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12044 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 18,1988 DESCRIBED AS FOI.I DWS: PARCEL 1 THE WEST 6.00 FEET OF THE SOUTH 5.00 FF.F~T OF SAID LOT 39, ALL AS DEDICATI~D ON SAID MAP NO. 120dd. PAR~-'EL 2 THE WEST 6.00 FEET OF THE NORTH 15.00 FEET OF SAID LOT 40, ALL AS Dh-33ICATED ON SAID MAP NO. 12044. pARCEL3 THE WEST 20.00 FEET OF THE SOUTH 80.00 FEET OF SAID LOT 41, ALL AS Dh-~DICATFD ON SAID MAP NO. 120dd. RESOLUTION No. 89-158 Page 4 PARQEL 4 ALL THAT CERTAIN DRAINAGE EASEMENT LYING WITHIN SAID LOT 61 AS SATD EASEMENT IS SHOWN AND DEDICATl~D ON SAID MAP NO. 12~,q. PARCEL THE NORTI-IERLY 15.00 FEET OF THE EASTERLY 45.00 FEET OF THE WESTERLY 65.00 F~ET OF SAID LOT 73, A],L AS DgTDICATED ON SArD MAP NO. 12044. PARCEL 6 THE NORTHWESTERLY 32.00 FEET OF THE NORTHEASTERLY 126.00 FRlqT OF SAID LOT 15, Al,l, AS DEDICATED ON SAn) MAP NO. pARQEL 7 THE NORTHWESTERLY 20.00 FEET OF THE NORTHEASTERLY 30.00 FE~.T OF SAID LOT 15, Pd.l. AS DEDICATED ON SAID MAP NO. 12044. Resolution No. 89-158 Page 5 pARCEL 8 THE NORTHWESTERLY 20.00 FEET OF SAID LOTS 12, 13 AND 14 Al.l. AS DE-n3ICATm3 ON SAID MAP NO. 12044. PARCEL 9 THE NORTHWESTERLY 32.00 FEET OF THE SOUTHWESTERLY 20.00 FEET OF SAID LOT 14, Al ,1~ AS DEDICATED ON SAID MAP NO. 12044. THIS 1 .EGAL DESCRIPTION AND PLAT ATrACI-IED HERETO AND MADE A PART OF THIS DOCUMENT WERE PREPARED BY ME OR UNDER MY DIRECTION. NCIS W. FITZPATRICK L.S. 5 LICENSE EXPIRES SEPT. 30, 1990 Resolution No. 89-158 Page 6 CITY OF OWAY LOT ~$ F~ACT LOTS,9 AP BIO. J q044 oF p~RCEL 2 I..OT 40 LOT 24 I. OT 41 EXHIBIT "B" DRAINAGE EASEMENT VACATION P4nCEL ~ ~OT 41 PROPOSED VACATION OF Resolution No. 89-158 Page 7 :/o LOT DRAINAGE EASEMENT VACATION Resolution No. 89-158 Page 8 ~) IND/OATE$ NO DI~dEN.~/ON SHOWN ON / /V/AP NO. 12044' TO DELINEATE LIA~/7~ J . OF EXISTING E~E~EN[ / 0 7 ~OWAY . EDEN ~ROVE ~~ 62 · P~OPO6ED DRAINAGE EA3EMENT VACA T/ON DRAINagE EASEMENT LOl' 60 EXHIBIT "b"' DRAINAGE EASEMENT VACATION Resolution No. 89-158 LOT / CJ-FY OF BOUNTY Page 9 /.0/' Z WAY ~R..=20' , , /I= 7°2~',.~7''' __, N~/O'ZO'E ioz.ag' -. /' I .... ~ PROPOOED I/,~CAT_I_O.N. __EXIST. OPEN ,9PACE EASEMENT LOT 73 jr-~ A\ c -r j\/J.A F.) ZOT $~ ~ L07'$9 j\/J ./-'\ PjXlb . J ~ 0 _,1~ _-I, LOT 72 EXHIBIT "B" DRAINAGE EASEMENT VACATION CiTY Resolution Page 10 No. 89-158 LOT I~ -FF~ LOT 14 NO J~ 04 LOT2I '1 EXHIBIT "B" DRAINAGE EASEMENT VACATION Resolution No. 89-158 LOT$2 LOT II Page 11 gOT I~ LOT I$ , L01'$$ PROPOSED DR,41N~GE ~EMENT VAC_.ATION I. OT 14 EXHIBIT "B" DRAINAGE EASEMENT VACATION LOT $~,