Res 22-087RESOLUTION NO. 22-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION
OF A PORTION OF A PUBLIC STREET, TO WIT: TENTH
STREET, ALL IN CITY OF POWAY MAP NO. 536 (VACATION NO.
21-001)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion
of a public street 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 8300;
WHEREAS, said portion of Tenth Street was created and dedicated to the public through
the recordation of County of San Diego Map No. 536 in May 1888; and
WHEREAS, the area to be vacated is not necessarily needed for public street purposes
as it was never developed nor used by vehicular traffic.
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 said portion of Tenth Street has not been
used for the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation. (Section 8333(a)).
SECTION 3: The City Council hereby declares that the portion of Tenth Street as
described in Exhibit A attached hereto as Exhibit B, is hereby vacated.
SECTION 4: No physical improvements are allowed in the vacated area until such
improvements are approved with an amendment to the Conditional Use Permit for Chinmaya
Mission (CUP No. 09-001).
SECTION 5: 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 Streets and Highways Codes of the State of California.
Resolution No. 22-087
Page 2
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 15th day of November, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Cletk
Resolution No. 22-087
Page 3
EXHIBIT `A"
LEGAL DESCRIPTION
TENTH STREET VACATION
ALL THAT PORTION OF TENTH STREET IN TRACT `F' OF POWAY, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888,
DESCRIBED AS FOLLOWS:
BEGINNING AT SOUTHWEST CORNER OF SAID TENTH STREET; THENCE ALONG THE
WEST LINE OF SAID TENTH STREET NORTH 00002'30" EAST, 60.02 FEET TO THE
NORTHWEST CORNER OF SAID TENTH STREET; THENCE ALONG THE NORTH LINE OF
SAID TENTH STREET SOUTH 88033' 15" EAST, 451.21 FEET TO A POINT 217.19 FEET
WESTERLY MEASURING AT RIGHT ANGLES OF THE EASTERLY LINE OF L,OT 36 OF SAID
TRACT `F' OF POWAY; THENCE LEAVING SAID NORTHERLY LINE, AND PERPENDICULAR
O THE SOUTH LINE OF SAID TENTH STREET SOUTH 01 °26'45" WEST, 60.00 FEET TO THE
SOUTH LINE OF SAID TENTH STREET; THENCE ALONG SAID SOUTH LINE NORTH 88°33' 15"
WEST, 449.74 FEET TO THE POINT OF BEGINNING.
CONTAINS 27,028,53 SQ.FT., MORE OR LESS
RESERVING THEREFROM AN ACCESS EASEMENT FOR THE CALIFORNIA DEPARTMENT OF
FISH AND WILDLIFE OVER THE SOUTHERLY 15 FEET THEREOF.
PµOFESS/0
PREPARED BY: �� �2
w NO 33730 m
11 / 16/2022 w a
WILLIAM YEN RCE 33730 C'IVI1- _.P*
NOTE: ALL BEARINGS AND DISTANCES ARE BASED ON RECORD DATA OF R.O.S MAP NO.
14422.
EXHIBIT'B'
10TH STREET VACATION
Z
SCALE: 1 "=100'
WESTERLY LINE OF
THE EASTERLY
217.19 FEET OF ----
LOT 36 \
w
w
U)
F-
0
L1
10011 i
rrl=
Page 4
0
p
LINE DATA
N
- - - - - - - - - - - - - - -
L1: N01'26'45"E 60.00'
'n
o
L2: N00'02'30"E 60.02'
a Q
QaoFESS/Q
in
in
2
cos' Z�
r
EO
ro
LU NO33730 m
PORTION OF TENTH '-
z
ono
Z
STREET VACATED
\
15'
ACCESS EASEMENT
°,cA F��P
D FO
CALIFORNIARESERVE
DEPTR OF
FISH & WILDLIFE
P.O.B.
L2
WEST 1 /4 CORNER --/
ALL BEARINGS AND DISTANCES SECTION 14
ARE BASED ON RECORD DATA
R.O.S. MAP 14422
W02110