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Res 98-099RESOLUTION NO. 98-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE VACATION OF A RECREATIONAL TRAIL EASEMENT LOCATED iN LOTS 3, 4, 5, 6 AND 13 OF MAP NO. 13435, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 26, 1997 (Vacation No. 98-04) WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain recreational trail 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, a recreational trail easement described by the attached legal description titled Exhibit "A", and shown on the attached plat titled Exhibit "B", was dedicated to the City of Poway on Map No. 13435, recorded June 26, 1997, in the Office of the County Recorder. NOW, THEREFORE, BE IT RESOLVED. by the City Council of the City of Poway as follows: 1. 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. 2. The City Council hereby finds that the herein described recreational trail easement is unnecessary due to development of the area. 3. The City Council hereby declares that the following recreational trail easement is vacated: See attached legal description titled Exhibit "A" and plat titled Exhibit "B". 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 County Recorder of San Diego County in accordance with the provisions of Section 8336 of the Streets and Highways Code. Resolution No. 98-099 Page 2 PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 20th day of October 1998. Do~Higginson, Mayor~ ATTEST: ~~ov~ersox, Deputy City Clerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, James L. Bowersox, Deputy City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 98-099 was duly adopted by the City Council at a meeting of said City Council held on the 20th day of October, 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE ~ersox, Depu~ C~' y Clerk ~way J-12726A Resolution No.98-099 Page 3 EXHIBIT "A' LEGAL DESCRIPTION RECREATIONAL TRAIL EASEMENT VACATION Those portions of Lots 3, 4, 5, 6 and 13 shown as a 12.O0 foot strip of land being concentric and parallel to the Southeasterly line of said Lots 4 and 5, and a 12.00 foot strip of land being concentric with a portion of the Southeasterly line of said Lot 3, and a 20.00 foot strip of land parallel with a portion of the Westerly line of said Lot 6 and the Northerly prolongation of said Westerly line of said Lot 6, and a 12.00 foot strip of land concentric and parallel with the Northerly line of said Lot 13 together with a 20.00 foot strip of land parallel with the Southeasterly line of said Lot 13 all as shown and delineated as "easement for recreational trail" on City of Poway Tract No. 89-13R, Old Coach Golf Estates, Phase 1, Unit 2, in the City of Poway, County of San Diego, State of California, according to Map No. 13435 filed in the Office of the County Recorder of said county. Robert G. Schoettmer jb/12726a.011 L.S. 4324 Resolution No. 98-099 Page 4 ?AR~EL 2 ~FL / 7?~; ,(o,~,?ro~/ '~ ~XHIBIT '~" . ~,¢~nnn,%%', ~ ~ ] ~1'~%~' hx VICINI~MAP ~ ~ . ,. % ,~ ~ INmCATES RECREATION~ TRWL ~ ~/ ~/ X ~J ...... E~EME~ PER ~ NO. 13435 9" IS A ~ION OF THE N~E~ER~ UNE ~-,,',~ .~¢~'/~ / / ~, t~ o~.,.~,~o.,~.,=.~'~ ~fiJ,~ ~/ / ~ ~ ~o~,~c~o. ...................... 7~---, ......... ~ ~' -- c~ ~T~,~ ~l c~ 5 ~. 4~' ~ ~ C~ 9 4~2' 2~, O~ ~ ~'- '~ C20 ~5~ 178. 16' ~CEL 2 ~ C21 500.00' 21'49'43' 190.49' ¢~ 17¢~ C22 200.00' 54'27' 16' 190.08' C24 500.00' 5' 04' 44' 44.32' RICK ENGINEERING COMPANY RECREAT/ONALT~/L~SEMENTFACAT/ON/NPORT/ONS - 5620 FRIARS ROAD, OFLO~, 4, ~ ~AND 130FC/~OFPOWAFTRACT SAN DIEGO. ~~~~,) z9,-o7o~ NO. 8~-~3~ OLO COACH GOLFESFATE~ PHASE ~, - MAP ~0. 13~/~ THE C/~ ~. ~. s ~ ~ COUN~ OF SAN D/EGO, STATE OF CAL/FORN/A. J- 1~2EA O[SCRIPTIO" SY APPROVED D~TE FILM[D CITY OF POWAY, CALIFORNIA w.O.