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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vacation, and the Easement has not been used continuously since that date (Section 8333(b)); and the Easement has been superceded by relocation and there are no public facili- ties located within the Easement (Section 8333(c)).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 ®.