Res 89-039 RESOLUTION NO. 89-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF AN EQUESTRIAN TRAIL EASEMENT IN LOTS
46 AND 50 OF CITY OF POWAY TRACT 85-04, UNIT 1, MAP NO. 11742
(VACATION 89-03 )
WHEREAS, the City Council of the City of Poway desires to summarily
vacate a certain public service easement 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 EqueStrian Trail Easement in Lots 46 and 50 of City of
Poway Tract 85-04, Unit 1, Map No. 11742 was dedicated to and accepted by
said City through recordation of a deed as Document No. 87-637494 on
November 13, 1987 in the Office of the County Recorder; and
WHEREAS, subsequent to said recordation, the said Easement was never
utilized for its intended purpose; and
WHEREAS, the Developer, CF Poway, Ltd. has dedicated a substitute ease-
ment through recordation of a deed as Document No. 88-587250, on November
15, 1988 in the Office of the San Diego County Recorder.
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.
o
The City Council finds that the date of dedication or acquisition
is less than five years, and more than one year immediately pre-
ceding this proposed vacation, and the Easement has not been used
continuously since that date (Section 8333(b)); and the Easement
has been superceded by relocation and there are no public facili-
ties located within the Easement (Section 8333(c)).
The City Council hereby declares that the hereinbelow described
Easement is vacated:
A portion of a ten foot wide Equestrian Trail Easement in Lots 46
and 50 of City of Poway Tract 85-04, Unit 1, Pomerado Business
Park, Phase I, Map No. 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
of Section 8336 of the Streets and Highways Code.
RESOLUTION-NO. 89-039
Page 2
PASSED, ADOPTED, AND APPROVED by the City C._~ouncil of the City of Poway,
California, at a regular meeting thereof this/4t~ day of April 1989.
Carl R. Kruse, May~
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 cer-
tify, under penalty of perjury, that the foregoing Resolution, No. 89-039
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-3-13.1
Marjorie~K. Wahlsten, City Clerk
City of Pbway
EXHIBIT "A"
Resolution No. 89'039~
Page 3
LEGAL DESCRIPTION
PARCEL i - EQUESTRIAN TRAIL EASEMENT ABANDONMENT
THAT PORTION OF THE 10.00 FOOT WIDE EQUESTRIAN TRAIL EASEMENT
DEDICATED PER DEED RECORDED NOVEMBER 13, 1987 AS FILE NO, 87-
637494 OF OFFICIAL RECORDS, WITHIN LOT 50 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, LYING NORTHEASTERLY AND
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMI~ENCING AT AN ANG?~ POINT IN THE WESTERLY LINE OF SAID MAP NO.
11742 DEFINED BY THE INTERSECTION OF THE LINES BEARING NORTH
14'42'46" WEST AND NORTH 00'28'33" WEST; THENCE ALONG SAID
WESTERLY LINE NORTH 00'28'33" WEST 268.99 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID EQUESTRIAN TRAIL EASEMENT; THENCE
TmAVING SAID WESTERLY LINE AND ALONG SAID SOUTHWESTERLY LINE
SOUTH 24'25'00" EAST 235.32 FEET TO THE BEGINNING OF A TANGENT
150.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEAST-
ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
63°55'46" A DISTANCE OF 167.3~ FEET TO THE BEGINNING POINT OF A
90.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY, A LINE
RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 01'39'14"
EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 45'52'46" A DISTANCE OF 72.07 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 42'28'00" EAST 133.34 FEET TO THE
BEGINNING OF A TANGENT 140.00 FOOT RADIUS CURVE CONCAVE SOUTH-
WESTERLY; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGTm OF 42'57'00" A DISTANCE OF
104.95 FEET; THENCE TANGENT TO SAID CURVE SOUTH 00'29t00'' WEST
53.37 FEET TO THE BEGINNING OF A TANGENT 410.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, SAID POINT BEING ALSO THE TRUE POINT OF
~y.~; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE OF
SAID EQUESTRIAN TRAIL EASEMENT SOUTHWESTERLY, SOUTHERLY AND
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 36'21"00" A DISTANCE OF 260.12 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 35'52'00" EAST 178.81 FEET TO THE BEGINNING OF A
TANGENT 405.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRALANGLE
OF 28'15'00" A DISTANCE OF 199.69 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 64'07'00" EAST 73.86 FEET TO THE BEGINNING OF A
TANGENT 205.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRALANGLE
OF 10'04'00" A DISTANCE OF 36.02 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 74'11'00" EAST 60.52 FEET TO THE BEGINNING OF A
TANGENT 205.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 14'20'00" A DISTANCE OF 51.28 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 88'31'00" EAST
TANGENT 80.00 FOOT RADIUS
~4AIBP~/LE
V/LE
8-18-B8
5532-050
56.39 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY; THENCE
EXHIBIT "A"
Resolution No. 89-039
Page 4
?.~-GAL DESCRIPTION (PAGE 2)
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 97'39'00" A DISTANCE OF 136.35
FEET; THENCE TANGENT TO SAID CURVE SOUTH 09'08'00" WEST 108.98
FEET TO THE BEGINNING OF A TANGENT 255.00 FOOT RADIUS CURVE
CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12°32'00'' A DISTANCE OF 55.78 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 03'24~00'' EAST 46.22 FEET TO
THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 49°44'00'' A DISTANCE OF 104.16 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 53'08'00" EAST 219.99 FEET TO
A ~>OINT OF TERMINUS ON THE NORTHWESTERLY LINE OF THE RIGHT-OF-WAY
OF SOUTH POWAY PARKWAY AS DEDICATED PER SAID MAP NO. 11742, THE
SIDELINES OF SAID EQUESTRIAN TRAIL EASEMENT BEING ABANDONED TO
TERMINATE ON SAID NORTHWESTERLY LINE.
PARCEL 2 - EQUESTRIAN TRAIL EASEMENT ABANDONMENT
THE 10.00 FOOT WIDE EQUESTRIAN TRAIL EASEMENT DEDICATED PER DEED
RECORDED NOVEMBER 13, 1987 AS FILE NO. 87-637494 OF OFFICIAL
RECORDS, WITHIN LOT 46 OF CITY OF POWAY TRACT 85-04 UNIT 1,
POMERADO BUSINESS PARK - PHASE 1 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.
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
MMA/B~M/LH
8-18-~8
5532-050
®.