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Res 89-038RESOLUTION NO. 89-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF PORTIONS OF POMERADO ROAD, SOUTH POWAY PARKWAY, AND ADJOINING PUBLIC UTILITY EASEMENTS IN CITY OF POWAY TRACT 85-04, UNIT 1, MAP 11742 (VACATION 89- 02 ) WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of Pomerado Road, South Poway Parkway, and adjoining public utility easements in accordance with the procedures provided in Chapter 4, Part 3, Division 9, of the Streets and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, the portions of the aforesaid streets and easements were dedi- cated and accepted by the City of Poway, through recordation in the Office of the San Diego County Recorder of the final map of City of Poway Tract No. 85-04, Unit 1, Map 11742 on March 9, 1987; and WHEREAS, subsequent to said recordation, the aforesaid portions of Pomerado Road, South Poway Road and the adjoining public utilities ease- ments were never utilized for their intended purposes; and WHEREAS, the Developer, CF Poway, Ltd. has dedicated substitute public utility and roadway easements through recordation of deeds in the Office of the Recorder of San Diego County on November 15, 1988 as Documents No. 587246 and 577247 respectively; and WHEREAS, there are no public facilities remaining within the easements to be vacated. 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 Highways Code of the State of California. The City Council finds that the street rights of way to be vacated have been superceded by relocation (Section 8330(a)). o The City Council finds that the date of dedication of the public utilites easements to be vacated is less than five years, and more than one year immediately preceeding the proposed vacation, and the easements have not been used continuously since that date (Section 8333(b)); and the easement has been superceded by relocation and there are no public facilities located within the easement (Section 8333(c)). o RESOLUTION NO. 89-038 Page 2 The City Council hereby declares that the hereinbelow described street rights of way and utility easements are vacated: Portions of Pomerado Road, South Poway Parkway, and adjoining public utility easements in the City of Poway Tract 85-04, Unit No. 1, Map 11742. Legal Description - See Exhibit A Easement Plat - See Exhibit B 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 PASSED, ADOPTED, AND APPROVED, by the City~ncil of the City of Poway, California, at a regular meeting thereof thys 4th day of April, 1989. If It Carl R. Kruse, Mayor ATTEST: Marjorie ~. Wahlsten, City Clerk 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. 89- 038 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of April 1989, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, KRUSE NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON 2 R-3-10.1 Marjorie~K'. Wahlsten, City Clerk City of POway of Section 8336 of the Streets and Highways Code. Resolution No. 89-038 EXHIBIT ''A~J Page3 LEGAL DESCRIPTION PARCEL I - STREET VACATION - POMERADO ROAD AND SOUTH POWAY PARKWAY THAT PORTION OF POMERADO ROAD AND SOUTH POWAY PARKWAY AS DEDI- CATED TO PUBLIC USE PER CITY OF POWAY TRACT 85-04 UNIT 1, POMERADO BUSINESS PA/~K - PHASE i ACCORDING TO THE MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1987, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF SAID MAP NO. 11742, SAID CORNER BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP~ THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 89'50~54" WEST 148.94 FEET TO A POINT ON THE ARC OF A NON-TANGENT 140.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 78°44~21" EAST, SAID POINT BEING ALSO ON THE SOUTHWESTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD AS SHOWN ON SAID MAP NO. 11742~ THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTHWESTERLY LINE OF THE RIGHT-OF-WAY. THROUGH A CENTRAL ANGLE OF 67'15~39" A DISTANCE OF 164.35 FEET~ THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE AND TANGENT TO SAID CURVE NORTH 56'00~00" WEST 190.00 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY~ THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANG?~ OF 02'04~48" A DISTANCE OF 7.26 FEET~ THENCE TANGENT TO SAID CURVE NORTH 53'55~12" WEST 195.32 FEET TO THE BEGINNING OF A TANGENT 1853.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY~ THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31'10~12" A DISTANCE OF 1008.07 FEET~ THENCE TANGENT TO SAID CURVE NORTH 22'45~00" WEST 92.26 FEET~ THENCE T~AVING SAID SOUTH- WESTERLY LINE OF THE RIGHT-OF-WAY NORTH 67'15~00" EAST 106.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD AS SHOWN ON SAID MAP NO. 11742~ THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 22'45~00" EAST 92.26 FEET TO THE BEGINNING OF A TANGENT 1747.00 FOOT RADIUS CURVE CONCAVE NORTH- EASTERLY~ THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33'15~00" A DISTANCE OF 1013.82 FEET~ THENCE TANGENT TO SAID CURVE SOUTH 56'00~00" EAST 324.41 FEET TO THE BEGINNING OF A TANGENT 140.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT BEING ON THE NORTHWESTERLY LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AS SHOWN ON SAID MAP NO. · 11742~ THENCE SOUTH-EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTHALANGLE OF 82'37~20" A DISTANCE OF 201.88 FEET~ THENCE ON A RADIAL LINE CONTINUING ALONG SAID NORTHEASTERLY LINE OF THE RIGHT-OF-WAY SOUTH 48'37~20" EAST 9.50 FEET TO A POINT ON THE ARC OF A 1353.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 48'37~20" ?/ 8/88 5532-050 EXHBBIT "A" ResolUt%on NO. 89-038 Page 4 LEGAL DESCRIPTION (PAGE 2) WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGT.R OF 16°37'20'' A DISTANCE OF 392.67 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE OF THE RIGHT-OF-WAY SOUTH 32'00'00" EAST 107.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 1110.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 32'00'00" WEST, SAID POINT BEING ALSO ON THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF SAID SOUTH POWAY PARKWAY AS SHOWN ON SAID MAP NO. 11742; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 19°42'48'' A DISTANCE OF 381.91 FEET; THENCE TANGENT TO SAID CURVE AND CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 38°17'12'' WEST 46.04 FEET TO THE BEGINNING OF A TANGENT 1238.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°09'10'' A DISTANCE OF 154.61 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 5.787 ACRES MORE OR T.~SS. PARCEL 2 - PUBLIC UTILITY EASEMENT ABANDONMENT THAT PORTION OF THE 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT WITHIN LOT 50 OF CITY OF POWAY TRACT 85-04 UNIT 1, POMERADO BUSINESS PARK PHASE I ACCORDING TO THE HAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1987, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF SAID MAP NO. 11742, SAID CORNER BEING A POINT ON THE ARC OF A 1238.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, ON THE NORTHWESTERLY LINE OF LOT 46 ALONG THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD AND SOUTH POWAY PARKWAY AS DEDICATED PER SAID MAP NO. 11742, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 58°51'58'' WEST; THENCE NORTHEASTERLY ALONG THE NORTHWEST- ERLY LINE OF SAID LOT 46, ALONG SAID SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°09'10'' A DISTANCE OF 154.61 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AND SAID NORTHWESTERLY LINE OF LOT 46,NORTH 38'17'12" EAST 46.04 FEET TO THE BEGINNING OF A TANGENT 1110.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°42'48'' A DISTANCE OF 381.91 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE AND SAID SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY NORTH 32°00'00'' WEST 107.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 50, SAID POINT BEING ALSO ON THE SOUTHERLY LINE OF SAID 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT AND THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO MMA/B~/LH 5532-050 EXHIgIT llAg! Resolution No. 89-038 Page 5 LEGAL DESCRIPTION (PAGE 3) ON THE ARC OF A NON-TANGENT 1353.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 32'00'00" WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGT~ OF 16°37'20'' A DISTANCE OF 392.67 FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE OF SAID LOT 50 AND SAID PUBLIC UTILITY EASEMENT AND THE ~OINT OF TERMINUS. PARCEL 3 - PUBLIC UTILITY EASEMENT ABANDONMENT THAT PORTION OF THE 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT WITHIN LOT 46 OF CITY OF POWAY TRACT 85-04 UNIT 1, POMERADO BUSINESS PARK - PHASE I ACCORDING TO THE MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1987, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 46, SAID CORNER BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 11742, BEING A POINT ON THE NORTHWESTERLY LINE OF SAID PUBLIC UTILITY EASEMENT, AND ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 1238.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 58°51'58'' WEST; THENCE NORTHEAST- ERLY ALONG SAID NORTHWESTERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGT~ OF 07'09'10" A DISTANCE OF 154.61 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 35°17'12'' EAST 46.04 FEET TO THE BEGINNING OF A TANGENT 1110.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGT~ OF 19°42'48'' A DISTANCE OF 381.91 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 32°00'00'' EAST 10.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PUBLIC UTILITY EASEMENT, SAID POINT BEING ALSO ON THE ARC OF A NON-TANGENT 1100.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 32'00'00" WEST, SAID CURVE BEING CONCENTRIC WITH THE AFORESAID 1110.00 FOOT RADIUS CURVE, SAID CURVE BEING ALSO ON THE SOUTHER- LY BOUNDARY OF SAID MAP NO. 11742; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, SOUTHERLY BOUNDARY AND THE ARC OF SAID 1100.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 19'42'48" A DISTANCE OF 378.47 FEET; THENCE SOUTH 38'17'12" WEST 46.04 FEET TO THE BEGINNING OF A TANGENT 1228.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE CONTINUING SOUTHWESTERLY ALONG SAID SOUTH- EASTERLY LINE AND SAID SOUTHERLY BOUNDARY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°52'20'' A DISTANCE OF 147.35 FEET; THENCE NORTH 89°50'54'' WEST 11.68 FEET TO THE POINT OF BEGINNING. SAID PARCEL 3 CONTAINS 0.133 ACRE MORE OR LESS. / 7/18/s8 5532-050 Resolution No. 89-038 Page 6 ?mGAL DESCRIPTION (PAGE 4) THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B", ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY ME OR UNDER MY DIRECTION. DANIEL C. GROTH, R.C.E. 23600 LICENSE EXPIRATION DATE: 12-31-89 ?/la/ a $§~2-0§0 Resolution No. 89-038 EXHIBIT "B" Page7 SHEET I OF I SHEETS STREET VACATION (PORTION OF POMERADO ROAD AND SOUTH POWAY PARKWAY), AND PUBLIC UTILITY EASE- MENT ABANDONMENT SOUTHERLY OF LOT 50, NORTHERLY OF LOT 51, AND NORTHWESTERLY OF LOT 46 OF CITY OF POWAY TRACT 85-04 UNIT 1. (POMERADO BUSINESS PARK - PHASE 1), ACCORDING TO THE MAP THEREOF NO. 11742 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA TABULATED DATA NO. :~ADIUS DELTA/BEAR. LENGTH I1'~ N 67* 15' O0"E 106.00 ~ N 22045, O0"W 92,26 3 747. O0 35° 15' 00" O I 3.82 N 56°00'00"W 324.41 140.00 82°37'20'j.w 201,88 N 48°37'20 9.50 1353.50 16057'20" 392.67 N 32°00'00"W 107.0C N $2 °O0'O0"W IO,OC ~11~ I I00.00 19 °42'48" 378.47 N $8'17' 12"E 46,04 ,.~ 1228.50 6°52'20" 147.55. I~,1~ N 89 °50'54"Vi II ,~1~ ,,,o.oo  N$801T' iQ,,E 4~.04 1238.50 7*09' "W 154.61 N 89°50'54 148.94 140.00 67°15'39'' 164.$5 N 56°00'00"W 190.00 )( 200.00 2004'48'' 7.26 N 5;~°55'J 2"W 195.:52 i855.00 31 10'12" o 1008.07 ROB. PARCEL v~ ~mm~m'. i~ PoO.B. COR. LOT 46 ~NC~',~S * ~ · ~Jevn, oes ,~S RON~O~ COUaI'. ~'~ I~a:;O, C,UJ~,U, ~'m ~'~ ~e '~. .~',I~' 5.~32-50 PA,R'K tYA Y' t_~ 5~°4e'4B"_w (.~) ) LE&£ND ~46 ~ INDICAT£~ STREET YA/.ATED ~INDIC.ATE,~ PUBLIC. UTI LIT'Ir EAS~MI'NT AISANDOI~[D .... INDICATES SUBrJ~ISION BOIJN[i/~