Res 88-017Resolution No. 88-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION
OF A HIGHWAY EASEMENT OVER PARCEL 4 MAP 9919
WHEREAS, a certain highway easement was dedicated by separate
document over Parcel 4 Map 9919 for the purposes of providing
right-of-way for the future State Route 125; and
WHEREAS, said highway easement is no longer within the proposed
State Route 125 alignment, and is no longer necessary; and
WHEREAS, the City Council of the City of Poway desires to sum-
marily vacate the highway easement in accordance with the proce-
dures provided therefore in Chapter 4, Part 3, Division 9 of the
Streets and Highways Code of the State of California, commencing at
Section 8330.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Poway that:
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.
e
The City Council hereby finds that the herein below
described highway easement has not been used for the pur-
pose for which it was dedicated for more than five con-
secutive years immediately preceding the proposed vacation
and there are no in place utility facilities in use that
would be affected by the vacation.
The City Council hereby declares that the following highway
easement is hereby vacated.
See attached legal description.
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 accor-
dance with the provisions of Section 8336 of the Streets
and Highways Code.
PASSED, APPROVED, AND ADOPTED by the City Council of the City
of Poway, California, at a regular meeting thereof this 8th day of
March , 1988.
ATTEST:
Marjorie K. Wahlsten, City Clerk
RESOLUTION NO. 88-017
LEGAL EESCR IPTION
All that portion of Parcel 4 of Parcel Map No. 9919, in the City of
Poway, County of San Diego, State of california, filed in the Office
of the County Recorder of San Diego County, April 17, 1980, described
as follows:
Beginning at the Northwest corner of said Parcel 4; thence South 0 Degrees
09'01" East 179.24 feet to a point on the Northeasterly boundary of that
certain Irrevocable Offer to Dedicate Real l>roperty executed in favor of
The County of San Diego recorded M2urch 19, 1980 as file page No. 80-0943~
Official Records of said San Diego County; thence South 51 Degrees 00'12"
East along said Northeasterly boundary of said Offer, to the point of
intersection with the Northeasterly bounda~ of Parcel 1 of Parcel Map
No. 12466, filed in the Office of the County Recorder of S~n Diego County,
being the ~RUE POINT OF BEGINNING; thence retracing, North 51 Degrees 00'12"
West to the Westerly boun~y of said Parcel 4; thence South 0 Degrees
09'01" East along said Westerly bounda~ to the Northerly bound~y of said
Parcel 1: thence along said bounda~"y of said Parcel 1, South 88 Degrees
07'21" East 20.00 feet; thence North 4 Degrees 55'18" West 5.04 feet to a
point on the arc of a non tangent 185.00 foot radius curve concave
Southwesterly, a radial line of which bears South I Degrees 52'39" West; thence
Easterly and Southeasterly along the arc of said curve to the TRUE POINT
OF BEGINNING.
Also:
Beginning at the Northeast corner of said Parcel 4; thence proceeding
Southerly along the Easterly bounda~ of said Parcel 4, to a point of
intersection with said Irrevocable Offer to Dedicate Real Property, said
point being the TRUE POINT OF BEGINNING; thence leaving said boundary
of Parcel 4, North 51 Degrees 00'12" West, along the Northeasterly bounda~
of said Irrevocable Offer to a point af intersection with the Northeasterly
boundary af said Parcel 1 of Parcel Map No. 12466; thence Southeasterly
along the Northeasterly boundary of said Parcel 1 to the Most Easterly
Northeast cozL,~er thereof; thence South 1 Degree 52'39" West, along the
~sterly boun~-'-y of said Parcel 1 to a point of intersectionwlth the
Southwesterly bou~Sa~ of said IxrevocableOffer$ thence leaving the
bou~a~ of said Parcel 1, South 51 Degrees 00'12" F~mst, along the
Southwesterly boundary of said T.-z-evoeable Offer, to a point of intersection
with the Easterly boundary of said Parcel 41 thence North 0 Degrees 27'23"
West, along the Easterly bounda~-y of said Parcel 4 to the Point Of
Beginning.
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. 88-017 , was duly
adopted by the City Council at a meeting of said City Council held on the 8th
day of March , 1988, and that it was so adopted by the following vote:
AYES: Brannon, Higginson, Kruse, Tarzy, Emery
NOES: None
ABSTAIN: None
ABSENT: None
Marjorie K. Wahlsten, City Clerk
City of Poway