Loading...
Item 14 - Summary Vacation of Equestrian Trail Easement ,GENDA REPORT - CITY OF POWAY his re~ is includ~ on He Contra Calendar. Rem ~11 ~ no ~r~ di~ussion ~ He m~ p~or ~ approv~ ~ ~e Ci~ Council unless mem~m o~ He Council, s~ff or public ~quest it to ~ remov~ from He Contra Cale~ar and discussed ~r~y. If ~u wish ~ h~e ~is ~ pull~ for ~scu~ion, plea~ fill out a slip indic~ng He ~ numar a~ gi~ it to the Ci~ Cle~ p~or to He beginning of He C~ Coundl meeting. TO: Honorable Mayor and Members\~he City Council FROM: James L. Bowersox, City Ma~ ~ INITIATED BY: Alan D. Archibald, Director Pub~3~ervices Ben B. Ellorin, Project Engineer %,~ DATE: October 27, 1987 SUBJECT: Summary Vacation of an Equestrian Trail Easement Within Lots 41, 42, 60, 74, 75, 76, 77, and 78 of City of Poway Tract 3545 Map No. 10432, Piedmont Park ABSTRACT Subject equestrian trail easement located on the south side of Lake Poway Road (Midland Road when the map was approved) has not been utilized since it was granted to the City. The developer has requested abandonment of said existing easement. Staff recommends summary vacation of subject equestrian easement. BACKGROUND Said equestrian easement was granted to the City on July 15, 1982, through the filing and subsequent recordation of the final map of said Tract 3545. Tract 3545, commonly known as "Piedmont Park" is a 78 lot subdivision on 94 acres of land and is located directly west of Poway High School (Attachment 1). A similar equestrian trail easement was granted on the north side of Lake Poway Road when the subject trail easement was granted to the City. Both trails are a part of the community trails system (Attachment 2). FINDINGS The equestrian easement has not been used for the purpose ACTION: OCT 27 1987' ITEM 1 of 7 Agenda Report October 27, 1987 Page 2 for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation and there are no in-place public utility facilities that are in use and would be affected by the vacation. The Community Services Department has indicated that abandonment of the southerly easement does not affect the proper functioning of the community trails system. RECOMMENDATION It is recommended that the City Council adopt the resolution (Attachment 3) ordering the summary vacation of the equestrian easement within lots 41, 42, 60, 74, 75, 76, 77, and 78 of City of Poway Tract 3545 Map No. 10432, Piedmont Park. JLB:ADA:BBE:bw Attachments: 1. Vicinity Map 2. Equestrian Trail Easement Plat 3. Resolution Ordering the Summary Vacation 2 of 7 01 Tg71987 ITEM 14 M IDL.~ND I~A.I) M~ NO. 104~ CITY OF POWAY ITEM :~[~o.T.~*~  TIT~ : viclni:y and Area Map SCALE: None ATTACHMENT: ~' 3 of 7 OI~T g? 1987 ITEM l I __~ ~ ~'l~l~'f R=~' L"145.~' T. PO.~. ~ CJ TY~ ~ ~O WAY ..,E, TRACT. jx]O~ // / ~ k / 7~ ·.~.0. B. ~.OI*~OI"W. 11.77~- _..~... ~.o~o~,.,,,~. ~.~, .... ~5TJNe lO' WIDE EQUITY / ) PLANNING ~, ~ ~RU 7~. 08T~ff 1987 ITEM 1 P~ESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN EQUESTRIAN EASEMENT ON LOTS 41, 42, 60, 74, 75, 76, 77, and 78 OF CITY OF POWAY TRACT 3545 MAP NO. 10432, PIEDMONT PARK VACATION 87- WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain public service easement in accordance with the procedures provided therefore in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, an equestrian easement within lots 41, 42, 60, 74, 75, 76, 77, and 78 of City of Poway Tract 3545 was dedicated to the City of Poway per said Map No. 10432, recorded in the office of the County Recorder on July 15, 1982. 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 below described equestrian easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation and there are no in-place public utility facilities that are in use and would be affected by the vacation. 3. The City Council hereby declares that the following described equestrian easement is hereby vacated: See attached legal description. 4. 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 27th day of October, 1987. Bruce J. Tarzy, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk 5 of 7 EXHIBIT "A" That portion of Lots 4], 42, 60, 74 thru 78 of City of Poway Tract No. 3545, in the County of San Diego, State of California according to Map No. ]0432, filed in the Office of the County Recorder on July ]5, ]982 more particularly described as follows: Lots 4] and 42: Beginning at the Northwesterly corner of Lot 42 of City of Poway Tract No. 3545; said point being the beginning of a nontangent 530.00 foot radius curve concave Northwesterly, a radial to said point bears North 78" 25' 33" West; thence Southwesterly along the arc of said curve through a central angle of 20" 54' 23" a distance of ]93.39 feet to the beginning of a tangent 20.00 foot radius curve concave Easterly, a radial to said point bears North 57° 3]' 10" West; thence Southerly along the arc of said curve through a central angle of 59° 05' 37" a distance of 20.63 feet to the beginning of a nontangent 540.00 foot radius curve concave Northwesterly, a radial to said point bears South 55° 4]' 55" East; thence Northeasterly along the arc of said curve through a central angle of 22° 57'.06" a distance of 2]6.32 feet to a point on the Northerly property line of Lot 42; thence South 89° 37' 53" West, 10.22 feet to the TRUE POINT OF BEGINNING. Lots 6% 74 thru 78: Beginning at the Northwesterly corner of Lot 74 of City of Poway Tract No. 3545 ; thence North 56° 38' 26" East, 913.54 feet to the beginning of a tangent 530.00 foot radius curve concave Northwesterly, a radial to said point bears South 33° 2]' 34" East; thence Northeasterly along the arc of said curve through a central angle of ]3° 36' 07" a distance of ]25.32 feet to the beginning of a tangent 20.00 foot radius reverse curve, concave Southerly, a radial to said point bears North 46° 57' 48" West; thence Northeasterly along the arc of said curve through a central angle of 59° 05' 44" a distance of 20.63 feet to the beginning of a nontangent 540.00 foot radius curve concave North- westerly; thence Southwesterly along the arc of said curve through a central angle of 15° 25' 23" a distance of 145.36 feet; thence tangent to said curve South 56° 38' 26" West, 919.76 feet to a point on the Westerly property line of Lot 74; thence North 01° 30' 01" West, 11.77 feet to the TRUE POINT OF BEGINNING. 6 of 7 OClg?1987 iTEM N.0¢'57~4~ W. ~ ~TI '3. ~'.~7 ~5~"w~ t0.27-~ o... ~-~.~o' -~-- ~ ~-~'~' ~s~o'~.-~.~' ~ ~,'~/ ~ ~.~.~,~. ~.~, ~.,~, ~ ~ ~.~'~ ~-~' ~- ~o.~' ~D. -~/ / ~ ~ ~~. Xf N. OI~OI"w. 11-77~ ---5--- ,.~°'°~'~"~. ~.~. .... ~.~ ~ ~'~' ~Z~ 7of7 ~U~I~ ~L ~SEMENT