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Res 90-197Resolution No. 90-~97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF A SEWER EASEMENT LOCATED WITHIN SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 8D-405358 ON DECEMBER 2, 1980 (Vacation 90-12) WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain public service easement in accordance with the procedures provided in Chapter 4, Part 3, Division g of the Streets and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, a sewer easement within the attached legal description titled "Exhibit A" was dedicated to the Pomerado County Water District per document recorded December 2, 1980 as File No. 80-405358 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 ® The City Council hereby finds that the herein described public service easement has been superseded by relocation and there are no public facilities located within the easement. 3. The City Council hereby declares that the following described sewer easement is hereby vacated: See attached legal description titled "Exhibit A." e 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 2nd day of October, 1990. Don Higginson,'~yor ATTEST: MarjorieL~ Wahlsten, City Clerk Resolution No. 90-197 Page 2 STATE OF CALIFORNIA ) ) SS. 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. 90-197 , was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of October, 1990 and that it was so adopted by the following vote: AYES: BRANNON, GOLDSMITH, KRUSE, HIGGIHSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY Marjori~ K~. Wahlsten, City Clerk City of~_~vay Resolution No. 90-197 Page 3 EXHIBIT "A" AN EASEMENT FOR SEWER LINES AND APPURTENANCES 15.00 FEET IN WIDTH ACROSS THE FOLLOWING DESCRIBED PROPERTY. ALL OF THE NO~TH 8 ACRES OF THE SOUTH 13 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U.S. GOVERNMENT SURVEY. EXCEPTING THEREFROM THE EASTERLY'929.00 FEET. ALSO EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF COUNTY ROAD SURVEY NO. 335-65 (MIDLAND ROAD) AS DESCRIBED ~N DEED TO THE COUNTY OF SAN DIEGO, RECORDED MARCH 27, 1968 AS FILE NO. 50981. BEGINNING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN; THENCE NORTH 0°11'08'' WEST, 164.94 FEET TO THE SOUTH LINE OF THE NORTH 8 ACRES OF THE SOUTH 13 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHE~AST QUARTER OF SAID SECTION 12; THENCE NORTH 88°51'30'' WEST, 1,259.10 FEET ALONG THE SOUTH LINE OF SAID NORTH 8 ACRES TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE- EASTERLY LINE OF SAID 15 FOOT EASEMENT; THENCE NORTH 0°19'44'' WEST, 263.71 FEET, MORE OR LESS, AND TERMINATING AT THE NORTH LINE OF SAID SOUTH 13 ACRES. VAN HOUTEN SEWER EASEMENT TO POMERADO COUNTY WATER DISTRICT PCWD 8011 -- C-614379 9/~0/80 Resolution No. 90-197 Page 4 FALL; YA/f /td//T~'A' ¢~ CAF~ Y&,YH~IT~; FMS.