Res 99-076RESOLUTION NO. 99-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF A SEWER EASEMENT
LOCATED WITHIN PARCELS 1 AND 2 OF PARCEL MAP NO. 15125
IN THE CITY OF SAN DIEGO, RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 1, 1958
(Vacation No. 99-03)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a
certain sewer 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 sewer easement described by the attached legal description entitled
Exhibit "A" and as shown on the attached plat entitled Exhibit "B" was dedicated to the
Pomerado County Water District as Document No. 70092 in Book 7062, Page 438 of
Official Records on May 1, 1958; and
WHEREAS, the sewer main was decommissioned subsequent to the construction of
the Pomerado Extension Trunk Sewer; and
WHEREAS, the City of Poway became a successor-in-interest to the Dedication upon
its incorporation on December 1, 1980.
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.
The City Council hereby finds that the herein described sewer easement is
unnecessary since the sewer main was decommissioned subsequent to the
construction of the Pomerado Extension Trunk Sewer; i.e., it has not been used
for the purpose for which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation (Section 8333a).
3. The City Council hereby declares that the following sewer easement is vacated:
See attached legal description entitled Exhibit "A" and plat entitled Exhibit "B".
Resolution No. 99 - 076
Page 2
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.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 28th nber 1999.
rvlk~
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under penalty
of perjury, that the foregoing Resolution No. 9 9-0 7 6 was duly adopted by the City
Council at a meeting of said City Council held on the 28th day of September ,
1999, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
L~rilAnne Peoples, City Clerk
City of Poway
Resolution No. 99-076
Page 3
Exhibit "A"
J-12734B
SEWER EASEMENT VACATION
VAC 99-03
A vacation of a portion of that certain 10.00 foot sewer easement granted to
Pomerado County Water District May 1, 1958 as Document No. 70092 in Book 7062,
Page 438 of Official Records, said portion lying within Parcels 1 and 2 of Parcel Map
No. 15125, Parcel I of Parcel Map 17982, Springhurst Drive, Sabre Springs Parkway,
and Springbrook Drive. The centerline of said 10.00 foot easement more particularly
described as follows:
Beginning at a point on the Southeasterly line of County Road shown on Road Survey
No. 987 according to plat thereof on file in the Office of the County Surveyor of San
Diego County, California, said.point being located opposite centerline Station 95 plus
9.13 according to said plat; thence South 00006'47'' East parallel with and 10.00 feet
distant Westerly from the West line of land described in Deed to Franklin J. Banks and
wife, recorded September 12, 1955, in Book 5787, Page 93 of Official Records
243.95 feet; thence South 13°30'43'' West 330.06 feet; thence South 49028'09''
West 554.51 feet; thence South 62°42'01'' West 351.53 feet; thence South
84025'00'' West 333.23 feet; thence South 37056'53'' West 180.41 feet; thence
South 50036'08'' West 421.54 feet; thence South 88010'00'' West 357.93 feet;
thence South 83040'00'' West 342.34 feet to a point of terminus of the herein
described centerline on the Westerly Right-of-way line of Springbrook Drive dedicated
per document recorded January 17, 1989 as File No. 89-022068 of Official Records.
The sideline of said easement being vacated to be lengthened or shortened so as to
terminate on the Southerly Right-of-way of Poway Road at the point of beginning and
the Westerly Right-of-way line of said Springbrook Drive at the Point of Terminus.
Robert G. Schoettmer L.S. 4324
jb/12734b. O01
Exhibit "BI'
Resolution No. 99-076
Page 4
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SABRE SPRINGS
COMMUNITY PLAN
BOUNDARY
PROJECT
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