Vacation 09-01 and 09-02 2009-00869861-3
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RECORDING REQUESTED BY: )
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CITY OF POWAY )
WHEN RECORDED MAIL TO: )
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)
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
III
1
DcC # 2009-0086986
II I I I II IIM IIDI II I III IIIIMl I IL I IIIII II II I
FEB 23, 2009 10 48 AM
jFF [:IAL RECOORD'=
'_,A.Id DIEGCO CLIIJNTI RECORDER'S C°FacE
DAyiD L. ELITLER. CC ILJNTY RECORDER
FEES: 0.00
III
PAGES: 9
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(This space for Recorder's Use Only)
Intent to Vacate
Portion of Temple. Street and a Portion of Brighton Avenue
Resolution No. 09-007
(No documentary transfer tax due)
oq-o20
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 pFocedures
provided in Chapter 3,'Part3, commencing at Section`8300 cif 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 "Piermont"
subdivision, Map No. 331 on May 227, 1887.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, California, as follows:
This Vacation is madeunder the provisions of Chapter 3, Part 3, Division'9 of the
State of California Streets and Highways Code.
The City hereby finds that said portions of Temple:Street and Brighton: Avenue to
be vacated are excess rights -of -way for street purposes.
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.
The City hereby reserves and excepts from the Vacation as follows:
a. An easement to San Diego Gas & Electric_ Company for electric facilities
over the Westerly 12.00 feet. of' the Easterly 61.00 feet of that ,portion of
Temple Street tote vacated.
An easement to Cox Communications for telecommunication facilities over
all that portion of Temple Street to be'vacated.
The City Clerk ofthe City of Poway is hereby directed to cause.a certified copy of
this Resolution to be recorded in the office of the San Diego County Recorder.
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:
Troyan, MMC, Cit lark
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
A. Troyan, MMC, y Clerk
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 portiomof 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 Diego1County May 27, 1887,
and May 4, 1990, respectively, said portion beingmore particularly described as
follows:
Beginning at the Southwest corner of Parcel 1 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 Parcel 1 South'89°19'01" East (North
89°22'36" West per Parcel. Map No. 19198) 10.67 feet to the TRUE POINT OF
BEGINNING; thence: continuing along said Southerly line South 89°19'Ol" East
(North'89°22'36" West per Parcel Map 19198) 169.86feet 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.56°44'15" adistance ;of
59.42 feet (56°51'49".a distance of 59.55 feet per Parcel Map No. 19198);
thence leaving.'said Southerly'line non -tangent to said curve South 00°06'15"
West (North 00'04'59" East:52.13 feet per Parcel Map No. 19198):52.20 feet;
thence North 89°53'45" West 50.50 feet (North 89°55'0i" West50.49 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 89°53'45" East; thence
Northwesterly along the arc of said curve through a central angle of 89°25'15"a
distance of 31.21 feet (89°27'35".a,distance of 31.23 feet per Parcel Map No.
119198); thence North ;89°19'01"West (North 89°22'36" West per Parcel Map No.
19198) 149.46 feet; thence North 00°06'25" East(North 00°04'56" East per
Parcel Map No. .19198):60.00 feet to the TRUE POINT OF BEGINNING.
Containing 0:318:acre, more or less.
7BJ15461A.001
Page 1 of 2
Resolution Na 09-007
Page 4
EXHIBIT "A"
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, cornerof Parcel 2 of Parcef,Map 19198, in the City
of Poway, County, ofSan 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 89°16'06" West 50.50 feet
to the TRUEPOINT OF: BEGINNING;. thence continuing along said Southerly
line North 89°16'06" West:10.00 feet; thence leavingisaid Southerly line North
00°06'15" East 2.79 feettothe beginning of a non= tangent 20.00 foot radius
curve concave Northwesterly, a.; radial line to which bears South 29°53'45" East;
thence Northeasterly along the arc of said curve through a central angle of
60°00'00"a distance of-20.94 feet to a point of cusp;.thence tangent to said
curve South 00°06'15" West-20.22 feet to the TRUE POINT OF BEGINNING.
Containing :0.002'acre, more or less
/ -! fy/ "4e- ? co/
Patrick A. McMichael, L6167 Date
38/15461A.001
Page 2 of 2
Resolution No. 09-007
Page 5
PARCEL 1
PM 1`9199
RCA
PARCEL 544
PORTION OF TEMPLE
STREET TO BE VACATED
(SEE PAGE 2 FOR DETAILS)
PARCEL 2
PM 19199
10'
PARCEL lir
PORTION OF BRIGHTON
AVENUE TO.'BE'VACATED
(SEE PAGE 3 FOR DETAILS)
EXHIBIT '! .
(PAGE 1 OF 3)
ri
BRIGHTON AVENUE
5
VICINITY MAP
NO 'SCALE
PORTION OF BRIGHTON AVENUE
ABANDONED .AND .PUBLIC. UTILITY
EASEMENT RESERVED TO CITY
OF POWAY,SDG&E AND COX
COMMUNICATIONS PER PM 19198
49.1
PUBLIC UTILITIES EASEMENT
RECORDED DECEMBER 2,1965
AS INSTRUMENT FILE/PAGE
NO. 217750 O.R.
LEGEND
INDICATES STREET TO BE VACATED,
PARCEL "An= 0.318 ACRE AND
PARCEL '8"= 0.002 ACRE.
(R) INDICATES RADIAL BEARING
P.O.B. INDICATES POINT OF BEGINNING
T.P.O.B. INDICATES POINT OF BEGINNING
1 INDICATES RECORD DATA PER PM 19198
BASIS OF BEARINGS
BASIS OF BEARINGS FOR THIS PLAT IS
THE SOUTHERLY RIGHT OF WAY LINE OF
ADRIAN STREET PER P.M.NO.16078
I.E. N89' 16'24'1Y
FDA
PARCEL •3
PM 1'9198
20.5'
PORTION OF BRIGHTON AVENUE
VACATED PER INSTRUMENT
FILE/PAGE 15069
RECORDED; JANUARY 26, 1966
EDGEMOQR STREET DEDICATED PER PM 16078 SCALE 1'= BO'
'5620 FRIARS'ROAD
SQN'DIEGO,CA 92110
619:291.0707
ENGINEEG COMPANY ,(FAX)619.291.4165
RICK
PATRICK .A. McMICHAEL. L5 6167 DATE
J. 15461A
VACAT/ONOF PORT/ON OF TEMPLE STREET
AND A PORT/ON OFBRIGHTON AVENUE
(VAC. 09-01 AND 09-02)
Resolution No. 09-007
Page 6
P.0.8.
SWCOR.
PCL 1
a
10.67'
C/L
a
ThN
02
W
to
EXHIBIT 'B"
(PAGE 2 OF 3)
PARCEL
L
PON VOVe
PUBLIC UTILITIES EASEMENT TO
POWAY MUNICIPAL WATER DISTRICT
RECORDED DECEMBER 2,1965
AS INSTRUMENT FILE/PAGE
NO.21//50 0R.
T.P.O.8..PARCEL "A°
S8979901t 18053' (N897221361W 180.48')
169.86'
—N —
SCALE 1'= 40'
(1189'22135W) N8979'01W 149.46'
A-89'2515"
R-20.00' L-3121'
(A-8927'35'L-31239
FE'I
to (A-56.5Y49"
I L-5955'J
b I A-56'44'15"
�� i / " L-59.42' -\
�V R-60'
PORTION OF BRIGHTON AVENUE
ABANDONED AND PUBLIC UTILITY
EASEMENT RESERVED TO CITY OF
POWAY. S.D.G' & E. AND COX
COMMUNICATIONS PER PM 19198
p( f1J flg o
PUBUC 'UTILITIES EASEMENT
RECORDED DECEMBER 21965.
AS 'INSTRUMENT FILE/PAGE
NO. ot/50 O.R.'
/fla4frTEMT'41k.".4
rt
N89'53'45W(R)'
5050'
I (N8955'O1W
I 50.49')
I 20'
I-'
505'I
to to
4-1
95'
5620,FRIARS ROAD J. 15961A
R,I C K. SAN DI GO, CA 92110
61ENGWEERING COMPANY- (FAX)619.291:4165
PARCEL '4"
VACATION OF
PORTION OF TEMPLE STREET
(VACATION 09-01 AND 09-02)
Resolution No. 09- 007
Page 7
EXHIBIT "B"
(PAGE 3 OF 3)
PUBLIC UTILITIES EASEMENT TO POWAY
MUNICIPAL WATER DISTRICT RECORDED
DECEMBER 2; 1965 . AS INSTRUMENT
FILE/PAGE NO.217750 O.R.
PORTION OF BRIG HTON AVENUE
VACATED IPER 'INSTRUMENT
FILE/PAGE 15069
RECORDED JANUARY 26,1966
PARCEL 2 1 10'
G°�G►rlu VO VO s
PORTION OF BRIGHTON AVENUE
ABANDONED AND PUBLIC UTILITY
EASEMENT RESERVED TO CITY OF
POWAY, 5.0.G & E. AND COX I
COMMUNICATIONS PER PM 19198
1
A-60'00'001' I
R-20.00'
L-2094'
S29'53'45'E(R)
NO'06'157E 2.79' 10A0'-
2022'
198976'06W 230.46'
LN8977'35W PER PM 191981
505'
5050'
T.P.O.B.
PARCEL 'B'
EDGEMOOR STREET
20' I 8'i
om
1-1 Q
205' I
P.O.B. PC1 '8'
SE COR.PCL 2
DEDICATED PER PM 16078
—N —
SCALE 1'E 20'
S620 FRIARS ROAD J. 15451A
SAN DIEGO, CA,92110
619.291.0707'
ENGINEERING COMPANY' (FAX)619.291.4165
RICK
PARCEL 'B"
VACATION OFA
PORT/ON OFBR/GHTONAVENUE
(VACATION 09-01 AND 09-02)
LL\1546t\Swgb110200710\01P609\154616,L.03. dy1