Vacation 88-10 1988-470260 '. .
-"
" RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due )
1532
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NO FEe
SUMMARY VACATION 88-10
By the attached Resolution No. 88-092, the City of Poway, a municipal
corporation, ordered the summary vacation of an equestrian/pedestrian easement
within Lots 9 and 48 of the City of Poway Tract 85-04, Map No. 11742: located
south of Metate Lane between Pomerado and Community Roads.
Ro"~
State of California)
) SS.
County of San Diego)
In~ ~ ~lJ~~
MarjOri~. Wahlsten, City Clerk
'-d
On this the )- day ofS",-~b<'r 1988, before me,
CTffV Bf<(t>kPow
the undersigned Notary Public, personally appeared
@
OFFICIAL SEAL
CATHY BROKAW "
No1ary PublIo-CoJlIomIa
SAN DIEGO COUNTY
My Comm, Exp, NK, 21, 1989
Rc,fSe:>'1.-r C !;: l'hER'1 J- I'hAIC't>Il.',E" J.:, WAI-ILS7Er\J
~ personally known to me
B ~ raved t-e--flle-OO-t-l1e--eas+s-of-sat-i-s,faG-t(}f>Y
8'1ieence- to be the perso@)who executed the within
instrument as /?1AYO,(? ~ Cliy CLERK or on
behalf of the corporation therin named, and
acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
NotarY's~re ~
.'
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1.3
"
RESOLUTION NO. ,88-092
A ,R,E:SOLU.Tl',ONOFTi:IE CI,TY COUNCIL OF THE CITY ..oF
~OWAYi CALIFORNIA ORDERING THE SUMMARY VACATION
OF AN EQUESTRIAN/PEDESTRIAN EAsEMENT WITHIN
LOTS 9 AND ,48 OF THE CITY OF POWAY TRACT 85-04,
MAP NO, 11742
(VACATION 88-10)
WHEREAS, the City' Council of the City qf poway desires
.100 summarily vacate cer;tajm public service easements in
accordance with the procedures provided therefor in
Chapter 4, Part 3, ,Division 9 of the Streets and High-
ways Code of the State of California, commencing at
Section 8330, and
WHEREAS, and Eques,trian/pedestrian easement ,wi thin
Lo,ts 9 and 48 of City of powa'y' Tract 85-04 was dedicated
to the City of poway per Map No. 11742,and
WHEREAS, a replacement easement has been offered
for dedication by separate instrument.
NOW, THEREFORE, BE' IT RESOLVED, by the City Council
of the City of Poway as follows:
1. This suritIllary vacation is made under the pro-
visions 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 here-
inbelow described Equestrian/Pedestrian ease-
ment has been acquired less than f:ive years,
and more than one year, immediately preceding
the proposedyacation, and the easem'ent was
not used continuously since the date ,of dedi-
cation (Sec. 8333b), and that there are no
'in-place public utility facilities that are
in use and would be affected by the' vacation
(See 8334,5). '
3. The City Council hereby declares that the
following described Equestrian/Pedestrian
easement is hereby vacated:
That portion of Lots 9 and 48 of City of Po way
Tract 85-04 Unit No, 1, according to the map
thereof No. 11742, in the City ,of Po way, County
of San Diego, State of California, described
as follows:
.
1534
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Resolution No. ,~8."':092
Page 2
f,'
I'
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BEGiINNING, ,AT THE MOST NORTHERLY' CORNER OF LOT 9
OF SliID "MAP NO. 11 742; THENCE ,ALONG THE NORTHERLY
LINE THEREOF SOUTH 69012' 42" EAST 35.41 FEET TO
THE. TRUE 'POtNTOF BEGINNING; THENCE LEAVING' SA,ID
NORTHERLY LINE SOUTH 12003'08" WEST 6,97 FEET TO
A POINT ON THE SOUTHWESTERLY SIDELINE OF THE
EQUESTRIAN TRAIL EASEMENT DEDICATED PER SAID
MAP NO. 11742; THENCE NORTHWESTERL}' ,ALONG SAID
SIDELINE THE FOLLOWING COURSESAND DISTANCES:
NORTH 54034'00" WEST 146.73 FEET ,TO THE BEGINNING
OF A TANGENT 150,00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ,ALONG SAID
CURVE THROUGH, ACENT'RAL ANGLE OF 390:4:7'16", AN
ARC ,DISTANCE Or; 104,16 FEET,; THENCE ,LEAVING
SAID SIDELINE NORTH 84021'00" WEST 10,72 FEET
TO A POINT ON THE NORTHEASTERLY SIDELINE OF SAID
TRAIL, SAID POINT 'BEING THE BEGINNING OF A NON~
. >..- " ','-'''' ., - -"- -- .'.- _.~~. -"
TANGENT 140,00 FOOT RADIUS CURVE, CONCAVE NORTH-
EASTERLY, A,RADIAL TO SAID POINT BEARS SOUTH
73041'21" WEST; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 38'oJ5"21", AN
ARC DISTANCE OF 93.48 FEET; THENCE SOUTH 540
34' 00" EAST 15.7. :'(5 FEET TO THE AF.OREMENTIONED
NORTHERLY LINE OF SAID LOT 9; THENCE LEAVING
SAID NORTHEASTERLY SIDELINE ALONG THE NORTHERLY
LINE OF SAID LOT 9 NORTH 69012'42" WEST 14.25
FEET TO THE TRUE POINT OF BEGINNING,
4,
The City Clerk of the City of poway is hereby
diiected to cause a certified copy of this
resolution to ,be recorded in the Office of the
Recorder of San 'Diego County in accprdance with
the provisions of Section 8336 of the Streets
and Highways Code,
PASSED, ADOPTED, AND ApPROVED by
of the City of Poway, California at a
thereof this 6th day of S3ptember
the City Council
regular meeting
1988,
RobertC, Emery, Ma~
ATTEST:
!r~c\4 K P'ba~~
MarjOr~) K. Wahlsten, City
~
Clerk
.
.1535
,Resolution No, 88-092
Page 3
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, Marjorie K, wahlsten, City Clerk of the City of Poway, do
hereby certify under penalty of perjury that the foregoing
Resolution, No. 88- 092 ,was duly adopted, by the City Council at
a meeting of said City Council, held on the 6th day of September,
1988, and that it was so adopted by the following vote:
AYES:
BRANNCN, HIGSlNSCN, KRUSE, TARZi:", EMERY
NOES:
NOOE
ABSTAIN:
NONE
ABSENT:
NOOE
rn~~ (<: tJ~t",
Marjorie K, Wahlsten;City Clerk
City \.9 poway