Res 99-083RESOLUTION NO. 99-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR ROADWAY
SLOPES, DRAINAGE STRUCTURES, ET AL., IN PORTIONS OF
SECTION 24, T14S, R2W, SBM, AND SECTION 19, T14S, R1W, SBM,
PER DOCUMENT NO. 1993-0555781 OF OFFICIAL RECORDS
(Vacation No. 99-04)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a
certain easement for roadway slopes, drainage structures, et al., 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, said easement for roadway slopes and drainage structures and
grading related thereto, and for the grading, construction, landscaping and maintenance
of slopes and drainage facilities for the benefit of property adjacent to the easement in
portions of Section 24, T14S, R2W, SBM and Section 19, T14S, R1W, SBM was
granted to the City of Poway per Document No. 1993-0555781 of Official Records; and
WHEREAS, the property adjacent to the easement has been graded in
accordance with City approved grading plans; and
WHEREAS, slopes and drainage structures within the property, including the
former Wet'n Wild site, are being maintained by the respective property owners; and
WHEREAS, easement for roadway slopes necessary for the construction of
public streets, i.e. Scripps Poway Parkway, was included in the street's right-of-way
dedication to the City.
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 hereinbelow easement has been
superseded by relocation and there are no other public facilities within the
easement.
3. The City Council hereby declares that the hereinbelow described easement
is hereby vacated:
Resolution No. 99 - 083
Page 2
An easement for roadway slopes and drainage structures and grading
related thereto, and for the grading, construction, landscaping and
maintenance of slopes and drainage facilities for the benefit of property
adjacent to the easement in Portions of Section 24, T14S, R2W, SBM and
Section 19, T14S, RIW, SBM per Document No. 1993-0555781 of Official
Records recorded August 25, 1993.
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 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 19th day of October 1999.
ATTEST:
~ L¢~o ~'~n'r~ eQo~e s.~C it'~CiCl~r k~
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 Number 99 - 083 , was duly
adopted by the City Council at a meeting of said City Council held on the 19th day of
October 1999, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON