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vacated have been superceded by relocation (Section 8330(a)).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8333(b)); and the easement has been superceded by relocation and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/~