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Res 90-072Resolution No. 90-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF WATER EASEMENTS WITHIN: PARCEL 5 OF PARCEL MAP NO. 15808 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 89-510238 ON SEPTEMBER 21, 1989 (vacation 89-14) WHEREAS, the City Council of the City of Poway desires to sun~arily 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, water easements within the attached legal description titled "Exhibit A" was dedicated to the City per Parcel Maps 14824 and 15808 recorded as File No. 87-290445 on February 27, 1987 and as File No. 89-510338 on September 21, 1989, respectively, 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 date of dedication, February 27, 1987, is less than five years and more than one year iFF~Flediately pre- ceding this proposed vacation, and that the storm drain easement was not used continuously since the date of dedication. 3. The City Council hereby declares that the following described water easements are 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 27th day of March, 1990. Don Higginson, M~'y~)r ATTEST: Marjori~ )~.. Wahlsten, City Clerk Resolution No. 90-072 Page 2 STATE OF CALIFORNIA ) ) $$o 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. 9U'-072, was duly adopted by the City Council at a meeting of said City Council held on the 27th day of March, 1990 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, KRUSE, HIGGINSON NONE NONE BRANNON, GOLDSMITH Marjorie Ky Wahlsten, City Clerk City o fLP.~oway Resolution 90-072 Page 3 MI61! Vacation of certain water easements lying in that portion of Parcel 5, in the City of Poway, County of San Diego, State of California, as shown on Parcel Map No. 15808 filed in the Office of the County Recorder of San Diego County on September 21, 1989, more particularly described as follows: PARCEL I A strip of land 20.00 feet in width, lying parallel with and 10.00 feet on each side of the following described centerline: Commencing at the Northwest corner of said Parcel No. 5, said point being on the East right-of-way line of Pomerado Road as shown on said Parcel Map; thence along said East right-of-way line South 01°05'35'' West, 74.01 feet to the TRUE POINT OF BEGINNING; thence North 88054'25'' East 112.0D feet to the point of terminus. PARCEL 2 Commencing at the Northwest corner of said Parcel No. 5, said point being in the East right-of-way line of Pomerado Road as shown on said Parcel Map; thence along said East right-of-way line South 01°05'35" West, 64.01 feet to the TRUE POINT OF BEGINNING; thence leaving said East right-of-way line South 88°54'25'' East, 109.66 feet; thence North 01005'35'' East, 22.60 feet; thence South 88°54'25'' West, 109.66 feet to a point on said Easterly right-of-way line; thence along said Easterly line South 01°05'35'' West, 22.60 feet to the TRUE POINT OF BEGINNING. EXCEPTING, therefrom, the Westerly 20.00 feet. Attached hereto and made a part of this legal description is a plat designated Exhibit "B." N. W. COR. PARCEL ~,10' SEWER EASEIdENT PER P.M. 1482.1 TO CITY OF POWAY PARCEL 124.50' N88'54 '25"W 20' WATER EASEMENT PER P.M. EXIST. WATER EASEMENT 10' PER P.M. 15808 25"E 109.66' ,NaS'54°25"E 109.66' TT-2.-.Eb-~- - N88'54 '25"E f f 2. O0' 11~00' N15'JJ'J2"E 66.05' ~ EXIST. WATER EASEMENT TO OTY OF POWAY PER ~M. 14824 EXIST. 20' DRAINAGE EASEMENT PER P.M. 14824 PARCEL 5 PARCEL MAP Resolution 90-072 Page 4 SHEET J OF 3 WATER EASEMENT TO CITY OF POWAY PER P.M. 15808 00' ,~.~z.~6'o~' '- N O. I 5 8 0 8 PROPOSED WATER SEMENT VACATION