Res 91-033Resolution No. 9[-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION
OF DRAINAGE AND SLOPE EASEMENTS BEYOND THE LIMITS OF THE
STREET RIGHT-OF-WAY FOR POMERADO ROAD AND TWIN PEAKS ROAD
PER DOC. NOS. 78-145263 AND 80-363497, OFFICIAL RECORDS
(Vacation 91-01)
WHEREAS, the City Council of the City of Poway desires to su.m.arily vacate
certain public service easements 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, the drainage and slope easements are incidental right to and
located beyond the street rights-of-way for Pomerado Road and Twin Peaks Road;
and
WHEREAS, said easements were dedicated to the County of San Diego per Doc.
Nos. 78-145263 and 80-363497, recorded respectively in the Office of the San
Diego County Recorder on April 12, 1978 and October 3D, 1980; and
WHEREAS, the City of Poway became the successor in interest to said ease-
ments upon its incorporation on December 1, 1980; and
WHEREAS, in 1989, the developer of Twin Peaks Plaza to which its property is
encumbered by said drainage and slope easements, completed to City standards the
street improvements along its frontage streets of Pomerado Road and Twin Peaks
Road; and
WHEREAS, due to the completion of said street improvements and the develop-
ment of the property to which said streets are adjacent with, the necessity of
drainage and slope easements beyond the street rights-of-way for the construc-
tion and maintenance of said roads is no longer needed.
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 drainage and slope easements
have not been used for the purpose for which they were dedicated and
acquired for five consecutive years iFF~flediately preceding the proposed
vacation {Sec. 8333{a} of the Streets and Highways Code}.
3. The City Council hereby declares that the following described drainage
and slope easements are hereby vacated:
That certain privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits of the street
rights-of-way for Pomerado Road and Twin Peaks Road as described in
Resolution No. 91-033
Page 2
Doc. Nos. 78-145263 and 80-363487, recorded in the Office of the County
Recorder of San Diego County on April 12, 1978 and October 30, 1980
respectively.
{See attached Exhibit "A" which is made a part hereof)
®
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 16th day of April, 1991.
ATTEST: ~ Mayor
arjorie ~Wahlsten, City Clerk
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. 91-033 , was
duly adopted by the City Council at a meeting of said City Council held on the
16th day of April, 1991 and that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
Marjorie{K.~Wahlsten, City Clerk
City of ~
Resolution No. 91-033
Page 3
,SEE DETAIL
BELOW
PARCEL
VICINITY MAP
N.T.S.
EASEMENT TO THE CITY OF POWAY TO
EXTEND SLOPES AND DRAINAGE STRUCTURES
BEYOND THE RIGHT-OF-WAY, RECORDED OCT. 50,
1980 AT FILE/PAGE NO. 80-565497, O.R., TO
BE VACATED HEREON ~/~.
'50'15"W J02.81:' ~
PARCEL 8
E~'IST. Et~$£M£NT TO ¢ITY. OF POI41AY
TO EXT£1¢O SLOPES /1/VD ORAllVA~E.
~Tt~UCTI)t~ES BEYOICD TICE t~IGtlT OF
WAY R£COROEO APRIL
I='{P NO. 78-145~
HE~EOAI,
Ls. 4539
DETAIL "K
~MANITOU ENOINEERING COMPANYI
PLANNING ° CONSULTING ENGINEERING ° SURV~NG I
Approved
JDate I
CITY OF POWAY
OI~AINA~E (.SLOPE EII_~EII/I~'.tVT$ VAOATiOAt
ADJACENT TO POMERADO ROAD
AND TWIN PEAKS ROAD
EXHIBIT
VA C
t-25-9f