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easements have been superseded by relocation and there are no other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 $~,