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Res 92-075RESOLUTION NO. 92-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA ORDERING THE SUMMARY VACATION OF THE FLOWAGE EASEMENT IN PARCELS 1, 2, AND 3 OF TPM 87-09, PARCEL MAP NO. 16213 (VACATION 91-07) 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 9 of the Streets and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, the flowage easement was dedicated to the San Diego County Flood Control District, Zone I, through recordation of Document No. 82-212376 on July 9, 1982 in the Office of the County Recorder; and WHEREAS, the developer, Poway Land Inc. has submitted a final tract map (TM 89-14) which will provide for a substitute easement conforming to the realignment of the 100-year flood- plain. 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 The City Council hereby finds that the hereinbelow described flowage easement has been superseded by relocation and there are no other public facilities located within the easement (Section 8333 c). 3. The City Council hereby declares that the hereinbelow described flowage easement is vacated: Legal Description - See Exhibit A The City Clerk of the City of Poway is hereby directed to cause a certified copy of this Resolution in the Office of the Recorder of San Diego County in accordance with the provisions of Section 8336 of the Streets and Highways Code. Resolution No. 92- 075 Page 2 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California at a regular meetiJ May, 1992. ATTEST: this 19th day of lth, Mayor a~o~ ~. ~ahI§ten; ~ty Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 92-075 was duly adopted by the City Council at a meeting of said City Council held on the 19th day of May, 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO NOES: NONE ABSTAIN: NONE ABSENT: GOLDSMITH M~Jor~e'iK. Wahl§ten,~ C~%y Clerk City 6f Poway Resolution No. 92-075 Page 3 EXHIBIT A LEGAL DESCRIPTION VACATION OF FLOWAGE EASEMENT (VACATION 91-07) C~,~lcing at the Sout~ cot.net of said Northwest O~rter of the Southea_ -~t Ore--per; ~ alcng the Westerly line thereof North 02021'44" Ea~. 327.00 feet to the TRUE POINT (F BfIi~; thence o~t/nuing along said Westerly line North 02"21'44" .East, 56.05 feet; thence leaving said Westerly line South 82'20'59"' East, 6.34 feet; thence North 86°39'55" East, 42.45 feet; t]%ence N~h 72"53'22" East, 135.10 feet; thenc~ North 73"01'14" F~mt, 183.63 feet~ thence N0~-th 53"54'22" Fm.~t, 217.81 feet; thence North 60'50'26" East, 179.07 feet; thenoe North 61'22'01" East, 176.60 fe~t; t~ Nc~rth 60'00'35" East, 129.60 feet; t~ North 24"41'44" East, 11~.09 feet; thence Nu~;.h 75"59'50" FA,t, 156.14 feet; thenc~ North 69"12'57" Faint, 73.54 feet; thence South 88"37'11" East, 68.16 feet, to the East line of said Norttm~st (~t_~ of th~ Scut.beast O~ter; the~oe South 00'52'03" ~4~st alc~g ~_--t ~d Fm~t line, a ~-tance of 316.00 feet; thence North 89'§4'26" ~t, 16.35 feet; thence So~th 85'55'06" West, 128.20 feet; thence South 69"32'21" West, 220.54 fe~t; t~ South 52'51'46" %4~st, 209.17 feet; t~ South 52"1 28" We~t, 203.01 feet; the~oe South 57"27'15" West, 213.53 feet; thence South 60'37'55" West,-189.76 feet; thenc~ North 54'23'56" West, 263.04 feet; t~ No~-Lh 55'43'36" %~st, 46.89 fe~t; t~ North 88"26'39" West, 10.09 feet to the T~3E POINT (F ~.