Res 88-092RESOLUTION NO. 88-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, 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
6~-ATICN 88-10)
WHEREAS, the City Council of the City of Poway desires
to summarily vacate certain 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 Equestrian/Pedestrian easement within
Lots 9 and 48 of City of Poway 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:
This summary 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.
The City Council hereby finds that the here-
inbelow described Equestrian/Pedestrian ease-
ment has been acquired less than five years,
and more than one year, immediately preceding
the proposed vacation, and the easement 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
(Sec 8334.5).
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 Poway
Tract 85-04 Unit No. 1, according to the map
thereof No. 11742, in the City of Poway, County
of San Diego, State of California, described
as follows:
Resolu%ion No.88-092
Page 2
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 9
OF SAID MAP NO. 11742; THENCE ALONG THE NORTHERLY
LINE THEREOF SOUTH 69o12'42'' EAST 35.41 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
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 NORTHWESTERLY ALONG SAID
SIDELINE THE FOLLOWING COURSES AND DISTANCES:
NORTH 54o34'00'' WEST 146.73 FEET TO THE BEGINNING
OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 39°47'16'', AN
ARC DISTANCE OF 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
73°41'21'' WEST; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 38°15'21'', AN
ARC DISTANCE OF 93.48 FEET; THENCE SOUTH 54°
34'00" EAST 157.75 FEET TO THE AFOREMENTIONED
NORTHERLY LINE OF SAID LOT 9; THENCE LEAVING
SAID NORTHEASTERLY SIDELINE ALONG THE NORTHERLY
LINE OF SAID LOT 9 NORTH 69o12'42'' WEST 14.25
FEET TO THE TRUE POINT OF BEGINNING.
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 6th day of September 1988.
Robert C. Emery, M~
ATTEST:
Wahlsten,
Marjorie~ K. City Clerk
Resolution No. 88-092
Page 3
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
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:
NOES: NCNE
ABSTAIN: NONE
ABSENT: NCNE
Ma~rj or~i%C~K ./~a~,~City Clerk
City ~ Poway