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Res 21-004RESOLUTION NO. 21-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A GENERAL UTILITY EASEMENT ON PARCEL 2 OF THE CITY OF POWAY TPM 06-04, PARCEL MAP NO. 21053 (VACATION NO. 20-003) WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of the general utility easement along Kirkham Way, in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8330; WHEREAS, said portion of the general utility was dedicated and accepted by the City of Poway through the recordation of City of Poway TPM 06-04, Parcel Map No. 21053 on June 25, 2013; WHEREAS, development of adjacent property and the extension of Kirkham Way has removed the existing cul-de-sac; and WHEREAS, a new general utility easement has been granted to replace the portion of the general utility easement that is proposed for vacation. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 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. SECTION 2: The City Council hereby finds that the portion of the herein below described general utility easement all in the City of Poway Parcel Map 21053 has been superseded by relocation. (Section 8333(c)). SECTION 3: The City Council hereby declares that the portion of the general utility easement as described in Exhibit A and Exhibit B, attached hereto, is hereby vacated. // // // // // // // // // Resolution 21-004 Page 2 SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 19th day of January, 2021 by the following vote, to wit: AYES: MULLIN, FRANK, GROSCH, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Va . a Pavas, CM ' , ity Clerk Resolution No. 21-004 Page 3 EXHIBIT "A" VAC20-003 (GENERAL UTILITY EASEMENT VACATION) THAT PORTION OF THAT CERTAIN 15.00 FOOT WIDE GENERAL UTILITY EASEMENT DEDICATION LYING WITHIN PARCEL 2 OF CITY OF POWAY TPM 06- 04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21053 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 25, 2013, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ON THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SHOWN AND DESCRIBED ON SAID PARCEL MAP AS "N62°37'35"E 527.15"'; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 62°37'26" EAST, 527.15 FEET TO THE BEGINNING OF A 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°39'46" A DISTANCE OF 359.91 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A COMPOUND 29.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 45°02'21" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°59'44" A DISTANCE OF 32.95 FEET TO THE BEGINNING OF A REVERSE 55.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 70°57'56" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 138°30'11" A DISTANCE OF 132.95 FEET TO THE BEGINNING OF A NON -TANGENT 1167.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 51°22'49" EAST; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL 2 ALONG THE SOUTHEASTERLY LINE OF SAID GENERAL UTILITY EASEMENT NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°34'23" A DISTANCE OF 11.68 FEET TO THE POINT OF TERMINUS, A RADIAL LINE TO SAID POINT BEARS SOUTH 51°57'12" EAST. CONTAINING 2,622 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. /gi L S. BUrCHER, PLS 6922 DATE �1 of 1 EXHIBIT "B" Resolution No. 21-004 Pane 4 P.O.C. T.P.O.B. P.O.T. () 0 0 O 0 o Q VICINITY MAP NOT TO SCALE w LEGEND INDICATES GENERAL UTILITY EASEMENT VACATION, AREA=2,622 SQ. FT., MORE OR LESS INDICATES PROPERTY BOUNDARY — PARCEL 2 OF PM 21053 INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES POINT OF TERMINUS INDICATES RECORD DATA PER PM 21053 INDICATES "KIRKHAM WAY" AS DEDICATED TO THE PUBLIC PER PM 21053. INDICATES AN EASEMENT FOR PUBLIC PEDESTRIAN WALKWAY ACCESS DEDICATED TO THE CITY OF POWAY PER PM 21053. INDICATES AN EASEMENT FOR GENERAL UTILITY PURPOSES DEDICATED TO THE CITY OF POWAY PER PM 21053. INDICATES PORTION OF "KIRKHAM WAY" DEDICATED PER DOC. RECORDED AUGUST 14, 2019, AS DOC. NO. 2019-0343707. PARKWAY SUMMIT GENERAL UTILITY EASEMENT VACATION SHEET 1 OF 3 SHEETS BB& PLANNING ENGINEERING SURVEYING EXHIBIT "B" Resolution No. 21-004 Pqgp 5 PM 210,53" PARCEL 2 (A=1739'46') A=17 39'46" R=1167.50' L=359.91' (R=1167.50' L=359.91') KEY MAP SCALE: 1" = 300' GRAPHIC SCALE 300 0 300 SHEET 2 OF 3 SHEETS BB& PLANNING ENGINEERING SURVEYING EXHIBIT "B" Resolution No. 21-004 PaaP 6 7 -. \SN. O s s0 (72 LP 76' \ DOS. \' 7 Fr. \ / / 9 / / GRAPHIC SCALE 30 0 30 �, L=132.95' 5 ►- pp e- I , / R11167.50J S51 °22'q 9`E(R) 55 p0 ,07 E(R) R— 1 N29°28 S51 °57'12_E(R)J (A=63 59'44" R=29.50' L=32.95) a= 63 59'44" R=29.50' L=32.95' pf�f�rJl i A= 0 34'23" R=1167.50' L=11.68' Pj R 5 SHEET 3 OF 3 SHEETS S B SLO PLANNING ENGINEERING SURVEYING PROPERTY BOUNDARY (TYP.) 7 SCAT F: 1 " _ .3n'