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Res 90-039Resolution No, 90-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF WATER/SEWER EASEMENTS WITHIN: LOT 26 OF CITY OF POWAY TRACT "F" ACCORDING TO THE MAP THEREOF NO. 536 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NOS. 8g-247012 AND 8g-412865 ON MAY 10, lgSg AND AUGUST 3, lg8g RESPECTIVELY (Vacation 90-03) 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, water/sewer easements within the attached legal description titled "Exhibit A" were dedicated to the City recorded as File Nos. 89-247012 on May 10, 1989 and 89-412865 on August 3, 1989 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. e The City Council hereby finds that the herein described public service easements have been superseded by relocation and there are no other public facilities located within the easements. 3. The City Council hereby declares that the following described water/sewer easements are hereby vacated: See attached legal description titled "Exhibit A." me 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 13th day of March, 1990. Don Higginson, ~or ATTEST: Marjori/e X. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) Resolution No. 90-039 Page 2 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution, No. 90-039 , was duly adopted by the City Council at a meeting of said City Council held on the 13th day of March, 1990 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON NONE NONE NONE Marjor~e~(. Wahlsten, City Clerk City o~way LEGAL DESCRIPTION ReSolution 90-039 Page 3 The land encompassing thts easement ts sttuated tn the County of San Dtego, State of California, and Is more particularly described as follow~, to wit: Portions of the Southerly 100.00 feet of the Northerly 370.00 feet of the Easterly 370.00 feet of Lot 26 in Tract 'F" of Poway, in the City of Poway, County of San Diego, State of California, according to map thereof No. 536, filed in the office of the County Recorder of . San Diego County, May 7, 1988. Said Northerly and Easterly 370.00 feet being measured along the Northerly and Easterly lines of said Lot 26. Excepting therefrom the Easterly 16.00 feet thereof. And portions of Parcel $ as shown on a parcel map filed in book of parcel maps, on Page 3046; in the office of the County Recorder of San Otego County, on September 19, 1974, being a portion of Lot 26 Tract 'F" of Poway, in the County of San Diego, State of California, according to map thereof No. 536, filed in the office of the County Recorder of San Diego County, May 7, 1988. Said easement of right of way in the aforesaid lands is particularly described · s follows: PARCEL A STRIP OF LAND 30.00 FEET IN WIDTH LYING 13.00 FEET NORTHERLY AND 17.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE LANDS FIRST ABOVE DESCRIBED DISTANT THEREON 93.53 FEET FROM THE NORTHEAST CORNER THEREOF, THENCE PARALLEL WITH THE NORTHERLY LINE OF SAID LANDS NORTH 88°58'15'' WEST 90.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A") THENCE CONTINUING NORTH 88'58'15" WEST 64.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING NORTH 88'58°15'' WEST 86.00 FEET TO A POINT REFERRED TO AS POINT "C"t THENCE CONTINUING NORTH 88°58'15" WEST ii.28 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"! THENCE CONTINUING NORTH 88°58'i5'' WEST iO.O0 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E". THE SIDELINES OF THIS EASEMENT SHALL BE FORESHORTENED OR LENGTHENED AS TO TERMINATE EASTERLY IN THE EASTERLY LINE OF THE LANDS FIRST ABOVE DESCRIBED. 'PARCEL 2 A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" ABOVE DESCRIBED IN PARCEL 17 THENCE SOUTH 01'0X'45" WEST 22.00 FEET. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL 1. EXHIBIT A Resolution No. Page 4 pARCEL, :~ A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH 'IS DESCRIBED AS FOLLOWS: BEGINNINS AT POINT "B" ABOVE DESCRIBED IN PARCEL It THENCE SOUTH 01'01'45" WEST 45.50 FEET. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL i. PARCEL 4 A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BE~INNINB AT POINT "C" ABOVE DESCRIBED IN PARCEL Il THENCE SOUTH 0I'01'45" WEST 45.50 FEET. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL i. PARCEL 5 A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT "D" ABOVE DESCRIBED IN PARCEL 1; THENCE NORTH 0i°0I'45'' EAST ~5.50 FEET TO A POINT IN THE NORTHERLY LINE OF THE LANDS FIRST ABOVE DESCRIBED. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL i. THE SIDELINES OF SAID STRIP OF LAND SHALL BE FORESHORTENED OR LENGTHENED SO AS TO TERMINATE NORTHERLY IN SAID NORTHERLY LINE OF THE LANDS FIRST ABOVE DESCRIBED. PARCEL A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT "E" ABOVE DESCRIBED IN PARCEL 11 THENCE NORTH 45'00'44" WEST 150.07 FEET TO A POINT IN THE NORTHERLY LINE OF THE LANDS FIRST ABOVE DESCRIBED. THE SIDELINES OF'SAID STRIP OF LAND SHALL BE FORESHORTENED OR LENGTHENED SO AS TO TERMINATE SOUTHEASTERLY IN THE WESTERLY LINES OF PARCELS I AND 5 ABOVE DESCRIBED AND SO AS TO TERMINATE NORTHWESTERLY IN THE NORTHERLY AND WESTERLY LINES OF THE LANDS FIRST ABOVE DESCRIBED. $CA.I..E /IN- ~' FT. CITY OF POWA¥ P'LAT ,,'.,:? 7' '?7 ?-L,:? ? .5 :.~ L= Resolution No. 90-039 Page 5