Res 93-001RESOLUTION NO. 93-001
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA. ORDERING THE SUMMARY
VACATION OF A PEDESTRIAN TRAIL EASEMENT ON LOT 234,
CITY OF POWAY TRACT NO. 4191-3BR, MAP NO. 12082 PER
DOCUMENT NUMBER 1ggl-o281691, OFFICIAL RECORDS
(VACATION 91-12)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate certain public services easements in accordance with the procedures
provided in Chapter 4, Part 3, Division 9 of the Street and Highways Code of the
State of California, commencing at Section 8330; and
WHEREAS, said easements were dedicated to the City of Poway per
Document Number 1991-0281691, recorded respectively in the Office of the
San Diego County Recorder on June 12, 1991; and
WHEREAS, due to the realignment of the pedestrian trail this portion of
the existing pedestrian trail easement 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 Pedestrian Trail Easement
has not been utilized and that the date of dedication or
acquisition is less than five years and more than one year, imme-
diately preceding the proposed vacation, and the easement was not
used continuously since that date. {Sec. 8333 {B) of the Streets
and Highways Code.
3. The City Council hereby declares that the following described
Pedestrian Trail easement is hereby vacated.
®
The City Clerk of the City of Poway is hereby directed to cause
a certified copy of this resolution to be recorded in the office
of the Recorder of San Diego County in accordance with the pro-
visions of Section 8333 {B) of the Streets and Highways Code.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 5th day of January, 1993.
ATTEST:
Marjorte X. Wahlsten, City Clerk
Don Higgi nson,(J~or -
Resolution No. 93-001
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 penalty of perjury that the foregoing Resolution No.93-001 was duly
adopted by the City Council at a meeting of said City Council held on the 5th
day of January, 1993 and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie~K. Wahlsten, City Clerk
City of Poway
Resolution No. 93-001
Page 3
PEDESTRIAN TRAIL EASEMENT VACATION
That portion of Lot 234 of City of Poway Tract No. 4191-3BR, Map No. 12082
filed in the office of the County Recorder of San Diego County on May 27, 1988, in
the City of Poway, County of San Diego, State of California, more particularly
described as follows:
Commencing at the most Southwesterly corner of said Lot 234 of said City of
Poway Tract No. 4191-3BR, also being a point on the Easterly right-of-way line of
Arbolitos Drive and also being on the boundary of said Tract No. 4191-3BR; thence
Northeasterly along said Easterly right-of-way line North 21 °33'38" East, 5.00 feet;
thence leaving said right-of-way line South 68026'22" East, 95.00 feet; thence
North 21 °33'38" East, 41.11 feet to the True Point of Beginning; thence continuing
along North 21033'38" East, 129.65 feet; thence South 76020'55.' East, 69.35
feet; thence South 13° 39'05" West, 5.00 feet to the boundary of said Tract No.
4191-3BR; thence along said boundary North 76020'55" West, 65.00 feet; thence
continuing along said boundary South 21 °33'38" West, 125.30 feet; thence leaving
said boundary North 68026'22" West, 5.00 feet to the True Point of Beginning.
ATTACHMENT I
Resolution No. 93-001
Page 4
ATTACHMENT 2