Res 97-067RESOLUTION NO. 97- 067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ORDERING THE VACATION OF A PORTION OF
A PUBLIC STREET, TO WIT: KERRAN STREET,
ALL IN CITY OF POWAY TRACT 85-04 UNIT 1, MAP NO. 11742
(Vacation 97-02)
WHEREAS, the City Council of the City of Poway desires to vacate a portion of a public
street in accordance with the procedures provided in Part 3, Division 9 of the Streets and
Highways Code of the State of California, commencing at Section 8300;
WHEREAS, Kerran Street was created and dedicated to the public through the
recordation of the final map of City of Poway Tract 85-04 Unit 1, Map No. 11742 on March 9,
1987;
WHEREAS, said street and public utility lines within the street right-of-way, i.e., water
sewer, drainage, electric, gas, and cable television, were designed, constructed, and/or installed
in accordance with the specifications and standards of the City of Poway and the respective
utility agencies;
WHEREAS, said streets are confined only within said Tract 85-04 Unit 1 and are not
servient to any adjoining properties;
WHEREAS the property owners of Lots 40 and 41 in said Tract 85-04 Unit 1 are
desirous of vacating a portion of the public street; and
WHEREAS, the City of Poway shall reserve and except from the vacation easements and
appurtenant rights for the construction, maintenance, operation, replacement, and removal of
public utility facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
1. This vacation is made under the provisions of Part 3, Division 9 of the Streets and
Highways Code of the State of California.
2. The City Council hereby finds that Kerran Street all in City of Poway Tract 85-04
Unit 1, Map No. 11742 is unnecessary for present public use.
3. The City Council hereby reserves and excepts from the vacation the following:
The easement (general utility easement) and fight at any time, or from time to
time, to construct, maintain, operate, replace, remove, and renew sanitary sewers
and storm drains and appurtenant structures in, upon, over, and across a street or
highway proposed to be vacated and, pursuant to any existing franchise or
renewals thereof, or otherwise, to construct, maintain, operate, replace, remove,
renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other
convenient structures, equipment, and fixtures for the operation of gas pipelines,
telegraphic and telephone lines, cable television lines, and for the transportation
Resolution No. 97- 067
Page 2
or distribution of electric energy, and water, and for incidental purposes,
including access to protect these works from all hazards in, upon, and over the
street or highway proposed to be vacated.
b. Any easement and right necessary to maintain, operate, replace, remove, or renew
the public utility facilities.
The City hereby declares that a portion of Kerran Street ail in the City of Poway Tract
85-04 Unit 1, Map No. 11742 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 San Diego County Recorder in
accordance with Section 8324, Part 3, Division 9 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 8th day of July, 1997.
Don Higginson, Mas;o~/
ATTEST:
Marjorie K, 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. 97- 067was duly adopted by the City Council at a
meeting of said City Council held on 8th day of July, 1997 and that it was so adopted by the
following vote:
AYES:
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
NOES: N 0 N E
ABSTAIN: NONE
ABSENT: EMERY
arjorie K. Wahlsten, City Clerk
City of Pgway