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Res 87-023RESOLUTION NO. 87-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMM~ARY VACATION OF A PORTION OF BROOKSTONE DRIVE, A 20-FOOT WIDE SEWER EASEMENT IN PORTIONS OF LOTS 3 AND 4, CITY OF POWAY TRACT 4191-1R, MAP NO. 11507, AND A 20-FOOT WIDE DRAINAGE EASEMENT IN A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN (VACATION 87-01) WHEREAS, the City Council of the City of Poway desires to summarily vacate certain street and public service easements in accordance with the procedures provided therefor in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, Brookstone Drive, a public street, was dedicated to the City of Poway by the approval and recordation of City of Poway Tract 4191-1R, Map No. 11507, recorded May 8, 1986; and WHEREAS, a 20-foot wide sewer easement in portions of Lots 3 and 4, City of Poway Tract 4191-1R, Map No. 11507, was similarly dedicated to the City of Poway per said Map 11507; and WHEREAS, by a separate instrument, a 20-foot wide drainage easement in a portion of the Southeast Quarter of the Southwest Quarter of Section 2, Township 14 South, Range 2 West, San Bernardino Meridian, was dedicated to the City of Poway on May 2, 1986 per File/Page No. 86-174310. NOW, THEREFORE, be it resolved, by the City Council of the City of Poway as follows: 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. 2. The City Council hereby finds that: Se The hereinbelow described portion of Brookstone Drive is an excess right-of-way of a street not required for street purposes (Section 8334a), and that there are no in-place utility facilities that are in use and would be affected by the vacation (Section 8334.5). RESOLUTION NO. 87-023 PAGE 2 The hereinbelow public service easement for sewer and drainage have been superseded by relocation and that there are no public facilities located within the easement (Section 8333c). The City Council hereby declares that the following street and public services easements are hereby vacated: That portion of Brookstone Drive in the City of Poway, County of San Diego, State of California, as dedicated on City of Poway Tract No. 4191-1R, Map No. 11507, filed in the office of the County Recorder of San Diego County on May 8, 1986 and more particularly described as follows: Commencing at the most southerly corner of Lot 3 of said Map No. 11507 and also being on the northwesterly right-of-way line of said Brookstone Drive; thence along said right-of-way South 38°20'10'' West, 6.49 feet to the TRUE POINT OF BEGINNING and the beginning of a non- tangent circular curve concave north- easterly having a radius of 70.00 feet; a radial line to said curve bears North 71028'23'' West, thence southeasterly along said curve, through a central angle of 67033'23'', a distance if 82.54 feet to the beginning of a non-tangent circular curve concave southeasterly having a radius of 20.00 feet, a radial line to said curve bears North 21°53'21'' West; thence southwesterly along said curve, through a central angle of 29° 46'29" a distance of 10.39 feet; thence South 38°20'10'' West, 100.94 feet to the beginning of a tangent circular curve concave easterly having a radius of 20.00 feet, thence southerly along said curve, through a central angle of 87011'39'' a distance of 30.44 feet to a point of cusp RESOLUTION NO. 87-023 PAGE 3 with a circular curve concave north- easterly having a radius of 1737.00 feet, said point also being on the northeasterly right-of-way line of a 126.00-foot public highway easement to the City of Poway, recorded October 30, 1980 as file No. 80-363497 of Official Records of the County of San Diego, known as "Twin Peaks Road"; thence along said curve and along said public highway right-of-way through a central angle of 3020'52'' a distance of 101.49 feet to a point of cusp with a circular curve concave northerly having a radius of 20.00 feet; thence leaving said public highway easement, easterly along said curve through a central angle of 96°09'13'' a distance of 33.56 feet; thence North 38°20'10'' East, 149.24 feet to the TRUE POINT OF BEGINNING. That certain 20-foot wide sewer easement in Lots 3 and 4 of City of Powy Tract 4191-1R, Map No. 11507, in the City of Poway, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on May 8, 1986, and more particularly described as follows: The Northeasterly 14.00 feet of said Lot 4 and the southwesterly 6.00 feet of said Lot 3. That certain 20-foot wide drainage easement in that portion of the Southeast Quarter of the Southwest Quarter of Section 2, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to United States Government Survey approved September 11, 1879 being a strip of land 20 feet wide lying 6 feet easterly and 14 feet westerly of the following described line: Beginning at the Southeasterly terminus of the centerline of a 126 foot "Easement for County Highway" having a bearing of South 36043'29'' East as described in Deed to the RESOLUTION NO. 87-023 PAGE 4 County of San Diego per File/Page No. 80-363497 recorded October 30, 1980 in the Office of the Recorder of Said County, said Southeasterly terminus being the beginning of a tangent curve concave Northeasterly and having a radius of 1,800 feet; thence Southeasterly along said curve an arc distance of 149.55 feet through an angle of 4045'37'' to a point; thence radial to said point North 48030'54'' East 63 feet to the Northeasterly right-of-way line of said "Easement for County Highway"; said point being the true point of beginning of the hereon described line thence North 6046'49'' East 262.00 feet to the terminus of said line, the sidelines of said easement to be prolonged or shortened at the northeasterly right-of- way line of the aforementioned Easement for County Highway. e 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 of the Recorder of San Diego County in accordance with the provisions of Section 8336 of the Streets and Highways Code. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 3rd day of March, 1987. ATTEST: Bruc~ T&rzy~ayor Marjorie' K. Wahlsten, City Clerk \ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of March , 1987 , and that it was so adopted by the following vote: AYES: BRANNON, EMERY, HIGGINSON, KRUSE, TARZY NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie K. Wahlsten, City Clerk City of Poway 5/K/Certify