Res 87-100RESOLUTION NO. 87-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA ORDERING THE SUMMARY VACATION OF LOT "C",
ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO LOT "C"
IN AND TO DONART DRIVE, AND A PORTION OF
DONART DRIVE, ALL AS DEDICATED BY COUNTY
OF SAN DIEGO TRACT 1928, MAP NO. 4015
(VAC 87-05)
WHEREAS, the City Council of the City of Poway desires
to summarily vacate certain street easements in accordance with
the procedures provided thereof in Chapter 4, Part 3, Division 9
of the Streets and Highways Code of the State of California, com-
mencing at Section 8330; and
WHEREAS, Lot "C" designated "Lot C Reserved for Street" and
Donart Drive was dedicated to the City of Poway by the approval
and recordation of County of San Diego Tract 1928, Map No. 4015,
recorded November 19, 1958; and
WHEREAS, Abutter's Rights of Access Appurtenant to Lot "C"
in and to Donart Drive was similarly dedicated to the City of
Poway per said Map No. 4015; and
WHEREAS, upon incorporation on December 1, 1980 the City of
Poway became the successor in interest to the County of San Diego
for the above street easement.
WHEREAS, a replacement easement in Lot 20 of Belvedere
Estates Unit No. 1, Map No. 4015 has been irrevocably offered for
dedication to the City of Poway on November 19, 1986 as recorded
by the San Diego County Recorder as F/P No. 86-532265; and
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
Highway Code of the State of California.
2. The City Council hereby finds that:
ae
The hereinbelow described street easement known
as Lot "C" and a portion of Donart Drive has been
impassable for vehicular traffic for a period of
five consecutive years (Section 8331a), that no
public money was expended for maintenance on the
street during such period (Section 8331b), and
that there are no in-place public facilities that
are in use and would be affected by the vacation
(Section 8334.5).
B. The hereinbelow Abutter's Rights of Access
Appurtenant to Lot "C" in and to Donart Drive are
not required with the consolidation of all lots in
the County of San Diego Tract 1928, Map No. 4015.
The City Council hereby declares that the following
described street easements are hereby vacated:
A. Lot "C" designated as "Lot C Reserved for Future
Street" in County of San Diego Tract 1928, Map
No. 4015 filed in the Office of the San Diego
County Recorder on November 19, 1958.
B. That certain Abutter,s Rights of Access Appur-
tenant to Lot "C" in and to Donart Drive as
shown o said Map 4015.
C. That portion of Donart Drive in Belevedere
Estates, Unit 1, in the City of Poway, County
of San Diego, State of California according to
Map thereof No. 4015 filed in the Office of the
San Diego County Recorder on November 19, 1958,
more particularly described as follows:
Beginning at the Southeast corner of Lot 20,
Belvedere Estates Unit No. 1, Map No. 4015;
said point being also the Southwest corner of
Lot C of said Map 4015; thence South 36°42,16''
West along the Southerly line of said Lot C,
a distance of 64.08 feet to a point on the
Westerly line of Lot 19 on said Map 4015; said
point being also on the arc of a nontangent
25.00-foot radius curve concave Easterly, a
radial to said point bears north 54°48,45''
West; thence Southwesterly, Southerly and
Southeasterly along the arc of said curve through
a central angle of 88°32,10", a distance of 38.63
feet to a point on the arc of a 316.25 foot
radius curve concave Northeasterly, a radial to
said point bears south 36°39,05" West; thence
Northwesterly along the arc of said curve through
a central angle of 9°43,30'', a distance of 53.68
feet; thence North 43°37,25'' West, a distance of
62.92 feet to a point of cusp of a 25.00-foot
radius curve concave Northwesterly, a radial to
said point bears South 46°22,35,,West; thence
Southeasterly, Easterly, and Northeasterly along
the arc of said curve through a central angle of
106°22'58'', a distance of 46.42 feet to the Point
of Beginning.
PASSED, ADOPTED AND APPROVED, by the City Council
of the City of Poway, California, at a regular meeting
thereof this first day of September, 1987.
ATTEST:
Marjorfe!.K. Wahlsten, City Clerk
~TATE 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 Reso-
lution, No. 87-100 , was duly adopted by the City Council at a
meeting of said City Council held on the 1st day of September,
1987, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, HIGGINSON, TARZY
NOES: NONE
ABSTAIN: NONE
ABSENT: KRUSE
Marjorie K. Wahlsten, City Clerk
City of Poway