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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