Vacation of Trail Easement 2023-02626069/27/23, 3:37 PM
Batch 16388504 Confirmation
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
DOC# 2023-0262606
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Sep 27, 2023 03:27 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 7
(This space for Recorder's Use)
APN: 273-102-01-00
Index as an Ordinance
VACATION OF TRAIL EASEMENT
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
By the attached Ordinance No 861, the City of Poway, a municipal corporation, ordered the vacation
of the portion of trail easements recorded per Map No. 9771 on August 26, 1980, as F/P 80-273701
of Official Records and per Map No. 12761 on December 28, 1990, as F/P 90-691661, located within
Lot 27 of Map 12761, APN 273-102-01-00.
(See attached legal description on Exhibit A, which is made a part hereof)
(See attached plat on Exhibit B, which is made a part hereof)
This easement will be replaced by a Trail Easement under a separate instrument.
teve Vaus, Mayor
Q _
&ILIJ1.�
Carrie Gallagher, CMC, Cht Clerk
https://gs.secure-erds.com/Batch/Confirmation/l 6388504 1 /2
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
is space for Recorder's Use
APN: 273-102-01-00
Index as an Ordinance
VACATION OF TRAIL EASEMENT
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
By the attached Ordinance No 861, the City of Poway, a municipal corporation, ordered the vacation
of the portion of trail easements recorded per Map No. 9771 on August 26, 1980, as F/P 80-273701
of Official Records and per Map No. 12761 on December 28, 1990, as F/P 90-691661, located within
Lot 27 of Map 12761, APN 273-102-01-00.
(See attached legal description on Exhibit A, which is made a part hereof)
(See attached plat on Exhibit B, which is made a part hereof)
This easement will be replaced by a Trail Easement under a separate instrument.
Steve Vaus, Mayor
�C � /ems/', x a � ��r X� f� �d;J�✓
Carrie Gallagher, CMC, City Clerk
S EVE VAUS, Mayor
CAYLIN FRANK, Deputy Mayor
PETER DE I IOFF, Councilmember
ANITA EDMONDSON, Coundrncmbcr
BRIAN PBPIN. Councilmember
CITY OF POWAY
T -1
INo THEy�C�/
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF POWAY )
I, Carrie Gallagher, City Clerk of the City of Poway, California, hereby certify, under penalty of
perjury, that the attached and foregoing is a true and correct copy of Ordinance No. 861, "An
Ordinance of the City Council of the City of Poway, California, Pursuant to Section 16.16.110 of
the Poway Municipal Code Concerning Relinquishment of Trail Easement (APN 273-102-01-
00)," as adopted by the City Council of the City of Poway on August 15, 2023.
4-"a4l
Carrie Gallagher, CIVIC
City Clerk
City of Poway
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789
www.poway.org
ORDINANCE NO. 861
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, PURSUANT TO SECTION 16.16.110
OF THE POWAY MUNICIPAL CODE CONCERNING
RELINQUISHMENT OF TRAIL EASEMENT (APN 273-102-01-00)
WHEREAS, Section 16.16.110 of the Poway Municipal Code sets forth the standards
concerning relinquishment of dedicated trail easement of the City, by a four -fifths vote of the
City Council;
WHEREAS, John and Lynnette Kooker have requested an adjustment of dedicated City
trail easement which will allow the trail easement to contain the actual trail path created and
preserve the existing citrus orchard on the property (APN 273-102-01-00);
WHEREAS, transfer of the approximately 0.07 acres of trail easement shall be exchanged
for easement area of equal size and quality for trail purposes and will be transferred to the City
concurrent with the vacation of the existing easement as required by Poway Municipal Code
16.16.110(A)(2); and
WHEREAS, on July 18, 2023, the City Council held a duly advertised public hearing to
solicit comments from the public, both pro and con, relative to this action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The City Council finds that the adoption of this Ordinance is exempt from
the provision of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3)
of the CEQA Guidelines, because there is no possibility that it will have a significant effect on the
environment because the Ordinance entails the implementation of existing regulations that result
in an equal transfer of trail easement dedication to preserve the existing trail with no additional
disturbance.
SECTION 2: The finding in accordance with Section 16.16.110(A)(2) of the Poway
Municipal Code, to approve the subject Ordinance to allow the relinquishment of an approximate
0.07-acre portion of an existing trail easement (APN 273-102-01-00), is made as follows:
1. The 0.07-acre trail easement is being exchanged for equal size and comparable quality
trail easement dedication from Mr. and Mrs. Kooker's lot (APN 273-102-01-00).
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it, or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code
§36933,
Ordinance No. 861
Page 2
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway held the 18th day of July, 2023, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of
August 2023, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CIVIC, City Clerk
Exhibit "A"
Equestrian Easement Vacation
Legal Description, a Portion of Lot 27 of Map 12761 in the City of
Poway, County of San Diego, State of California as filed in the office
of the County Recorder of San Diego County on Dec 28, 1990
That certain 14.00 foot wide easement for equestrian purposes over a portion of
Lot 27 as dedicated on Map 12761, described more particularly as follows:
COMMENCING at the Easterly common corner of Lots 27 and 28 of said Map
12761, in the City of Poway, County of San Diego, State of California; said point
also being on the westerly 30.00 foot Right of Way line of Valle Verde Road, as
shown on Map No 12761;
Thence S 571100'00" W along said common lot line for Lots 27 and 28, a distance
of 28.04 feet to the POINT OF BEGINNING;
Thence S 35056" 7" E, along the Easterly side of said 14.00 foot wide easement
dedicated on Map 12761, a distance of 82.38 feet to an angle point;
Thence S 30 20' 02" E, a distance of 22.73 feet to a point of curvature;
Thence southerly along a tangent curve, concave westerly, with a 514.00 foot
radius bearing S 86' 39' 58" W, through a central angle of 100 50' 37", a distance
of 97.28 feet, to a point on the easterly line of said Lot 27 as shown on Map
12761;
Thence S 4511 24' 27" W, along said easterly line of Lot 27, a distance of 23.34
feet to an angle point for the boundary of said Lot 27, and the beginning of a non -
tangent 500.00 foot radius curve concave westerly;
Thence along said curve, with a radius bearing N 80' 22' 44" W, through a
central angle of 121 57' 18", a distance of 113.05 feet, to a tangent;
Thence along said tangent, N 30 20' 02" W, a distance of 18.64 feet to an angle
point; --
Page 1 of 2 DANIEL
a
TOBAR
8793 OALo23
OF
Exhibit "A" (continued)
Thence N 350 56' 17" W, a distance of 79.00 feet to a point on the northerly lot
line of Lot 27, as shown on Map No 12761;
Thence N 57' 00' 00" E, along said Lot line, a distance of 14.02 feet to the
POINT OF BEGINNING.
Containing 2,890 square feet, more or less.
As shown on Exhibit B and by this reference made a part hereof.
Prepared by me or under my direction in accordance with requirements of the
Land Surveyors Act
Lj—
�P LAN
J o DANIEL LEE �O
Daniel Tobar, LS 8793 z roBAR
'
FILE NO. 2004-0135328
FILED FEB 20, 2004 EXHIBIT B
AS ROS 18154\
\` M1 N4435'33"W
28' R/W SOOWA EpO, 25 25 CL WINEMASTER WAY
_ 50' _ - _ 136_34'
360.00' OLD WIN Y ROAD I� N57.00'00"E
30' R/W
N57'00'00" R/W 119.51'
191.80' I 91.25' �'� I c�
rF)
2.39' 14.02' I 14.24' 1
N00'01'51"E 1 30'
MAP 12761
LOT 28
MAP 12761
LOT 27 I
CITY OF I
I
R /W
POWAY I
I
EQUESTRI N I
I
EASEMENT
REMAINS I— 1 14
rn
PI
I 0
co
U !O �Io
Imo, I 0►0
I;O
low
-�
I
I
I
I POB
oc) I
D
218.12' N57'00'00"E I
I)/ -
xPOCI
r
m
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
C1
221.37
450.00
28'11'08"
C2
31.42
20.00
90'00'00"
C3
51.65
1 420.00
7'02'48"
DIMENSIONS SHOWN ARE RECORD
PER MAP 12761, OR AS NOTED I
DANIEL LEE
LL
TOBAR
SCALE: 1 " = 50'
0 50
23.34' _
N 45'24' 27"E
28.04'
zl
14.02' zit z CA
��'',,
�
I �
CITY OF c!10)JC4(' �
w
0
o 1
0
m
POWAY J --
I J `D
�q
o
�
EQUESTRIAN
V
Q
D
EASEMENT
VACATED
0
HEREON
h O° / / •�^ o°
CA
� n
N45,242�'E
112•90 LOT 78
MAP 9771
1 TOBAR ENGINEERING 15910 CUMBERLAND DR POWAY, CA 92064
100 CIVIL ENGINEERING / SURVEY PH (858) 486-7210 E—mail: tobareng®cox.net J