Res 06-081RESOLUTION NO. 06 -081
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ORDERING THE SUMMARY VACATION (VAC 06 -01)
OF AN OFFER OF RIGHT -OF -WAY
IN A PORTION OF PARCEL 2 OF PARCEL MAP NO.15531
APN: 321 - 200 -36
WHEREAS, on January 19, 1989, the City Clerk, authorized by the City Council
of the City of Poway, rejected an Offer of Right -of -Way in a portion of Parcel 2 of Parcel
Map No. 15531 to provide for the future alignment of State Route 125; and
WHEREAS, the Offer of Right -of -Way in a portion of Parcel 2 of Parcel Map
No. 15531 remains open subject to future acceptance; and
WHEREAS, on June 19, 2001, the City Council of the City of Poway amended
the General Plan deleting State Route 125 Sycamore Canyon Alignment, between
Garden Road and Poway Road, from the Transportation Element; and
WHEREAS, the City Council of the City of Poway desires to summarily vacate
the Offer of Right -of -Way in a portion of Parcel 2 of Parcel Map No. 15531 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.
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 Offer of Right -of -Way as herein
described is not necessary.
3. The City Council hereby declares that the Offer of Right -of -Way, more
particularly described in Exhibit A and depicted on Exhibit B, attached
hereof, is hereby vacated.
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 County
Recorder of San Diego County in accordance with the provisions of
Section 8336 of the Streets and Highways Code.
Resolution No. 06 -081
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway
at the regular meeting this 17th day of October 2006.
ATTEST:
1�
L. Diane thea, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury, that the foregoing Resolution No. 06 -081, was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of October, 2006,
and that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L. lane Shea, City Clerk
City of Poway
Resolution No. 06 -081
Page 3
"EXHIBIT A"
LEGAL DESCRIPTION
STREET VACATION
ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 15531, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1989 AS INSTRUMENT NO. 1989-
036661, OF OFFICIAL RECORDS, DESIGNATED AS "PORTION OF PARCEL 2 DEDICATED
FOR PUBLIC ROADWAY PURPOSES ".
* Exp.9/30/07
No. il9i
MARVIN J. SYfAKOWSKJ, P.L.S. DATE: OF CAL�FO
MY LICENSE EXPIRES 9/30/07
REC JOB# 03-480
MJS 4/03/06
SCALE: 1'= 300'
0 150 300 600
LEGAL DESCRIPTION
PARCEL 2 OF P.M. 15531
4Q P•
C17Y OF POWAY
7R 89 -06 N69'18'14 "E
MAP NO. 140h0 79.72'
N89 34'40 E
G
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S897300 1308.32'
BE 1/4 BE 1/4 SEC 7 7.14S. R.I,W, S.B.M.
LOCATION
®
Civil Engineering Environmental o �rL L
2442 � c
2L42 Sawed avenue y y��1 3 ' SY LI( -
Son Diego. CA 921D1 y, Q. 1
(619)232 -9200 (619)232 -9210 Fox
0
Consulton s, Inc. a DO. 9opD/07
NO. 6998
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MARVIN J. OWSKI, LS 6998 TE M1�
CITY CFPOWAY
STREET VACA77aV
SHEET 1 OF 2
EXHIBIT B
PLAT
0
PN 321- 200 -46
Resolution No. 06 -081
Page 4
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TWIN PEAKS RD.
EXHIBIT B
PLAT
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
CI
90'00'00'
25.00
1 3927
C2
6'3124'
1551.00
176.59
C3
7
M30.00
19149
C4
9
1470.00
243.16
CS
10'1928'
1449.00
1 261.10
:XISTING EASEMENTS
A) An easement for pipe lines and incidental
purposes, Granted to: United States of America,
Recorded: November 17, 1948 in book 3389, page
of Official Records.
Resolution No. 06 -081
Page 5
EXISTING EASEMENTS (CONTINUED)
I) An easement for Public Roadway and rights
incidental thereto, as shown or as offered for
dedication on Parcel Nap 15531. Granted to: The
County of
an Diego Recorded: January 23, 1989
as File no. 89 -36661
ITEMS NOT PLOTTED HEREON
Right of way for pipe lines and aqueducts for
San Diego Flume Company, its successors and
assigns. The interest of said Company in said
easement has since passed to and now vests of
record in Helix Water District. Definite
324, location of said right of way is not set out.
B) An easement for the transportation of water, and
any other structures appurtenant thereto and
incidental purposes Granted to: United States of
America Recorded: November 9, 1953 in book 5041,
page 273, of Official Records.
C) The right to extend and maintain drainage
structures and excavation and embankment slopes
beyond the limits of the right of way granted
therein where required for construction and
maintenance. Granted to: The County of San Diego
Recorded: June 14, 1970 as File no. 1970 -7052, of
Official Records.
D) An easement for pipe lines and incidental
purposes. Granted to: City of Poway Recorded: August
13, 1981 as File no. 1981- 257354, of Official
Records.
E) An easement for pipe lines and incidental
purposes. Granted to: City of PowayRecorded: October
23, 1981 as File no. 1981- 335969, of Official
Records.
F) An easement for public street and incidental
purposes. Granted to: The City of Poway Recorded
February 2, 1993 as File no. 1993 - 0066053, of
Official Records.
G) An easement for equestrian /pedestrian access and
incidental purposes.Granted to: The City of Poway
Recorded: February 2, 1993 as File no. 1993 - 0066057,
of Official Records
H) An easement for equestrian /pedestrian access and
incidental purposes. Granted to: The City of Poway
Recorded: February 2, 1993 as File no. 1993- 0066064,
of Official Records.
Civil Engineering Environmental
2442 Second Avenue
Son Diego. CA 92101
(619)232 -9200 (619)232 -9210 Fox
Consultants, Inc.
(A MS)
The right to extend and maintain drainage
structures and excavation and embankment slopes
beyond the limits of the right of way granted
therein where required for construction and
maintenance. Granted Xo: County of San Diego
Recorded: April 9, 1942 in book 1340, page 21,
of Official Records. Definite location is not
set out.
The right to extend and maintain drainage
structures and excavation and embankment slopes
beyond the limits of the right of way granted
therein were required for construction and
maintenance. Granted to: County of San Diego
Recorded: August 4, 1953 in book 4943, page
145, of Official Records.
The terms and provisions contained in the
document entitled "Revocable License for
Equestrian /Pedestrian Trail ", executed by and
between Famste Investment Corporation Inc. and
The City of Poway.Recorded: January 19, 1989 as
instrument no. 1989 - 030080, of Official Records
The right to extend and maintain drainage
structures and excavation and embankment slopes
beyond the limits of the right of way granted
therein where required for construction and
maintenance. Granted to: The County of San
Diego Recorded: July 21, 1947 in book 2457,
page 227, of Official Records. Definite
location is not set out.
An easement for road and incidental purposes.
Granted to: Donald N and Horma L. Millard
Recorded: November 29, 1960 as File no.
1960- 232351, of Official Records. The exact
location and extent of said easement is not
disclosed of record.
CIYOFPOWAY
STREET VA CA MV