Res 09-007
RESOLUTION NO 09-007
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE VACATION OF A PORTION OF TEMPLE STREET
AND A PORTION OF BRIGHTON AVENUE
(Vacation Nos. 09-01 and 09-02)
WHEREAS, the City Council of the City of Poway desires to vacate a portion of
Temple Street and a portion of Brighton Avenue, in accordance with the procedures
provided in Chapter 3, Part 3, commencing at Section 8300 of Division 9 of the State of
California Streets and Highways Code, and
WHEREAS, said portions of Temple Street and Brighton Avenue were dedicated
for public street purposes through the filing and recordation of the "Piermon!"
subdivision, Map No 321 on May 27,1887
NOW, THEREFORE, BE iT RESOL VEC' by the City Council of the City of
Poway, California, as follows.
1 This Vacation is made under the provisions of Chapter 3, Part 3, Division 9 of the
State of California Streets and Highways Code.
2. The City hereby finds that said portions of Temple Street and Brighton Avenue to
be vacated are excess rights-of-way for street purposes.
3 The City hereby declares that said portions of Temple Street and Brighton
Avenue, more particularly described in Exhibit "A" and depicted in Exhibit "B"
attached hereto, is hereby vacated subject to the reservations stated in Item 4
below
4 The City hereby reserves and excepts from the Vacation as follows
a. An easement to San Dieqo Gas & Electric Company for electric facilities
over the Westerly 12.00 feet of the Easterly 61 00 feet of that portion of
Temple Street to be vacated
b An easement to Cox Communications for telecommunication facilities over
all that portion of Temple Street to be vacated
5 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 ofthe San Diego County Recorder
6 That from and after the date the Resolution is recorded, the Vacation is
complete
Resolution No 09-007
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway, California, at a regular meeting this 17th day of February 2009
ATTEST
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No 09-007 was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of February 2009,
and that it was so adopted by the following vote
AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES NONE
ABSENT CAFAGNA
DISQUALIFIED. NONE
"-
. d A. Troyan, MMC,
C. of Poway
Resolution No. 09-007
Page 3
EXHIBIT "A"
STREET VACATION
(VAC. 09-01 & 09-02)
Parcel "A" - Portion of Temple Street
That portion of Temple Street in the City of Poway, in the County of San Diego,
State of California, according to Map thereof No. 331, and Parcel Map No. 16078
filed in the Office of the County Recorder of San Diego County May 27, 1887,
and May 4, 1990, respectively, said portion being more particularly described as
follows:
Beginning at the Southwest corner of Parcell of Parcel Map 19198, in the City
of Poway, County of San Diego, State of California, according to Map thereof
filed in the Office of the County Recorder of San Diego County April 1, 2003;
thence along the Southerly line of said Parcell South 89019'01" East (North
89022'36" West per Parcel Map No. 19198) 10.67 feet to the TRUE POINT OF
BEGINNING; thence continuing along said Southerly line South 89019'01" East
(North 89022'36" West per Parcel Map 19198) 169.86 feet to the beginning of a
tangent 60.00 foot radius curve concave Southwesterly; thence Southeasterly
along the arc of said curve through a central angle of 56044'15" a distance of
5942 feet (56051'49" a distance of 59.55 feet per Parcel Map No. 19198),
thence leaving said Southerly line non-tangent to said curve South 00006'15"
West (North 00004'59" East 52.13 feet per Parcel Map No. 19198) 52.20 feet;
thence North 89053'45" West 50.50 feet (North 89055'01" West 50.49 feet per
Parcel Map No. 19198) to the beginning of a non-tangent 20 00 foot radius curve
concave Southwesterly to which a radial line bears South 89053'45" East; thence
Northwesterly along the arc of said curve through a central angle of 89025'15" a
distance of 31.21 feet (89027'35" a distance of 31.23 feet per Parcel Map No.
19198); thence North 89019'01" West (North 89022'36" West per Parcel Map No.
19198) 149 46 feet; thence North 00006'25" East (North 00004'56'; East per
Parcel Map No. 1919B) 60.00 feet to the TRUE POINT OF BEGINNING.
Containing 0.318 acre, more or less.
JB/15461A.OOl
Page 1 of 2
Resolution No 09-007
Page 4
EXHIBIT "Au
STREET VACATION
(VAC. 09-01 & 09-02)
Parcel "B" - Portion of Brighton Avenue
That portion of Brighton Avenue, in the City of Poway, in the County of San
Diego, State of California, according to Map thereof No. 331, filed in the Office of
the County Recorder of San Diego County May 27, 1887, said portion being more
particularly described as follows:
Beginning at the Southeast corner of Parcel 2 of Parcel Map 19198, in the City
of Po way, County of San Diego, State of California, according to Map thereof
filed in the Office of the County Recorder of San Diego County April 1, 2003;
thence along the Southerly line of said Parcel 2 North 89016'06" West 50.50 feet
to the TRUE POINT OF BEGINNING; thence continuing along said Southerly
line North 89016'06" West 10.00 feet; thence leaving said Southerly line North
00006'15" East 2.79 feet to the beginning of a non- tangent 20.00 foot radius
curve concave Northwesterly, a radial line to which bears South 29053'45" East;
thence Northeasterly along the arc of said curve through a central angle of
60000'00" a distance of 20.94 feet to a point of cusp, thence tangent to said
curve South 00006'15" West 20.22 feet to the TRUE POINT OF BEGINNING.
Containing 0.002 acre, more or less.
/Y ~~/J::.
Patrick A. McMichael, L. . 6167
JB/15461A.DDl
Page 2 of 2
Resolution No 09-007
Page 5
I EXHIBIT "B" ~
.--..-J (PAGE 1 OF 3)
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~ ~-
<l;
~-- - ~~'i)
PoJrAy II
PARCEL 'W I
SCtll
PORTION OF TEMPLE I "'s ,,.,, ,,,.
STREET TO BE YACATEO
(SEE PAGEUOR DETAILS)1II, VICINITY MAP
NO SCALE
II PORTION OF BRIGHTON AYENUE
- - - - - - - . ABANDONED AND PUBLIC UTILITY
I EASEMENT RESERYED TO CITY
I OF POWAY. SDG&E AND COX
---, I COMMUNICATIONS PER PM 19198
I I I PUBLIC UTILITIES EASEMENT
I I I RECORDED DECEMBER 2. 1965
I _ _ _'_ I II AS INSTRUMENT FILE/PAGE
~_=.'J I I NO. 217750 O.R.
r I I I LEGEND
I II ~ I I 17771 INDICATES STREET TO BE YACATED,
I II z I I L.LL.:I PARCEl "A"= 0.318 ACRE AND
ill PARCEL '13"= 0.002 ACRE.
___J PARca 2 II ~ I I fR) INDICATES RADIAL BEARING
>- I PM J 9 J ~8 II is' I p.o.e. INDICATES POINT OF BEGINNING
~ I II 1-1 I T.P.o.e. INDICATES POINT OF BEGINNING
<t;:;; I I ~I, () INDICATES RECORD DATA PER PM 19198
LL r; ~ I gj I I BASIS OF BEARINGS
~~ I ----AI I I BASIS OF BEARINGS FOR THIS PLAT IS
;?; a.. I THE SOUTHERLY RIGHT OF WAY LINE OF
...J~ I H I I ADRIAN STREET PER P.M. NO. 16078
I- I I I.E. N89' 16'24'W
VJ 0:: J I I LAND
~~ --- !Q.'...j 50.' 9.5' s<"'~ I\.. sv~
I PARc.e:L 3 <t~(j- 1.t:tiC'~~
---------1 I ~ PM J9J913 ~ if .;
I -.I IIlL6~ :::0
II I, .. ~HHOIl ..
I ZO.5 .r
I ~ g
-------~ ~ ~
PARCEL "0' I OF C~l ~
PORTION OF BRIGHTON PORTION OF BRIGHTON AYENUE
AYENUE TO BE YACATED YACATED PER INSTRUMENT
FILE/PAGE 15069
(SEE PAGE 3 FOR DETAILS) RECORDED JANUARY 26, 1966
C/l
'\ EDGEMOOR ST~EET : DEDICATE,? PER PM 16078 SCALE 1"= 80'
!-,' - '.. 5620 FRIARS ROAD J. 15461A
1~>I:.{), F( SAN DIEGO, CA 92110 VACA T/ON OF A PORT/ON OF TEMPLE STREET
"..,,, " 619,291.0707
ENGINEERlNGCOMPANY (FAX)619.291416S ANDA PORTION OFBRIGHTONA VENUE
-- ~
~c;;:r- /7 ?~ /-ze;'-=o (VAG. 09-01 AND 09-02)
PATRICK A. McMICHAEL. l5 6167 DATE
Resolution No 09- 007
Page 6
EXHIBIT "B"
(PAGE 2 OF 3)
(flJJJ (fJ rr; rg !L 1J
1fJ!JJfi/ 1J@ 1J($) fJJ
PUBUC lfTILfTIES EASEMENT TO @?>@.9l
PCHlN MUNICIPAL WATER DISTRICT
RECORDED DECEMBER 2.1965 ~
AS INSTRUMENT FlLE/PME ~"N
NO. 2fT75O OR. i!!!!J~
P. 0.8. 1{',-56'5Y49' ~"N
SW COR. T.P-O.B. PARCEL 'W L -59.55')
PCL 1 {',-56' 44'15' @S
S8g'/9'Of'E 180.53' IN89'22'36W 180.48') ~~
169.86' L-59.42'
""" R-6O' @b@b
@?> 10.61' ~
@?> ~
C/L ~ g
\\l)lt.J
@b g~ 0::'
~ :;,,<<> ~~
~D
~ ~~-~ 11),'0
I~)~
~~ N8g'/9'OfW 149.46' ['" II)
~~
{',-89'25'1:1' I~I~
R-20JJO'L-31.2f
l5~ If>-89'27'3S'L -31.23') [ I~
~~ POf{{ION OF BRIGHTON AVENUE IN89'55'OfW I I
:::J ABNlfXJNED N/D PUBUC lfTIUTY 50.49') I I
~& EASEMENT RESERVED TO crrr OF
POWN,5DE & E. N/O COX 20' I
l<J COMMUNICATIONS PER PM 19/98 I I
(flJ #J (fJ f{; IE !L f2 I [ I
(flJ!JJfi/ 1J($) 1/@ fffj [ I
~ PUBUC lfTlUTIES EASEMENT ~ I I
RECORDED DECEMBER 2.1965 I I
AS INSTRUMENT FlLE/PME
NO.2fT75O OR. 50.5' I I 9.5'
! ,
-N
SCALE 1"= 40'
':Ri' f '~<E( 5620 FRIARS ROAD r. 15461A PARCEL ';4"
. .' J SAN DIEGO, CA 9211 0 VACATIONOFA
.. . ~ 619.291.0707
ENGrNEERING COMPANY IfAX)619.2914165 PORTION OF TEMPLE STREET
(YACATION 09-01 AND 09-02)
Resolution No 09- 007
Page 7
EXHIBIT "B"
(PAGE 3 OF 3)
I
PUBUC IffIUTIES EASEMEtrT TO POH/V'
MUNICIPAL WATER DISTRICT RECORDED
DECEMBER 2,1965 AS INSTRUMEtrT I
F1LE/PI-SE NO. 2/7150 OR.
I I I I I
PORTION OF BRIGIfTON AVENUE I I I I I
VN:ATED PER INSTRUMENT ~
FILE/PI-SE 15069 II I I
RECORDED JMUNIY 26.1966 I I I I
fP #J Iff ({; g fL ~ I 10' I 505' I 95' I @?J@0
fPfii!ij 7J@ IJ@) ftJ I 20' 8'1 ~
I I ~'"""
PORTION OF BRIGIfTON AVENUE. I i!!!!J~
NlNlDONED MD PUBUC 1fTIUTY ~""'"
EASEMEIVr RESERVED TO CITY OF I I @S
POH/V',SJJ.B & E. MD COX
COMMUNICATIONS PER PM 19198 II I I ~~
20.5' I I @\,@\,
t,-6fToO'oa' I I
R-20i!O' \
L -20.94' I I \
S2Y53'4B'BRI I I ""
"--..
10JJO' 50.50' P.O.8. PCl '8'
2022'
----1-- T.P.O.8. SE COR.PCL 2
N89'16'06'W 230.46' PARCEL '8' I
fN8m'35'W PER PM 19198)
- -
EDGEMOOR STREET DEDICATED PER PM 16078
~
N-
SCALE 1"= 20'
" . -, ^ ,,> 5620 FRIARS ROAD J. 15461A PARCEL "B"
<1& 'I;.@'K' SAN DIEGO, CA 92110 VACA TION OF A
. ,"" .' 619.291.0707
ENGINl!ElUNGCOMPANY (FAX)619.2914165 PORTION OF BRIGHTON A VENUE
(YACATION 09-01 AND 09-02)
Mo \'15-46' ~'\(Ilf<X2Of!ll4)'(J1na~"'54G~IIU/t>....03. dgn