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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