Res 89-040RESOLUTION NO. 89-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
ORDERING THE SUMMARY VACATION OF A DRAINAGE EASEMENT
ADJACENT TO SOUTH POWAY PARKWAY
(VACATION 89 - 04 )
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 drainage easement adjacent to South Poway Parkway was
dedicated to and accepted by said City through recordation of a deed as
Document No. 88-296326 on June 23, 1988 in the Office of the County Recor-
der; and
WHEREAS, subsequent to said recordation, the said easement was never
utilized for its intended purpose; and
WHEREAS, the developer, CF Poway, Ltd., has submitted improvement plans
and a tract map which will provide for a substitute easement and a
permanent drainage facility as part of Pomerado Business Park, Phase II.
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 hereby finds that the hereinbelow described
drainage easement has been superseded by relocation and there
are no other public facilities located within the easement
(Section 8333c).
The City Council hereby declares that the hereinbelow described
drainage easement is vacated:
Being a 20.00 feet wide drainage easement adjacent to South Poway
Parkway, granted by deed as document No. 88-296326, recorded
June 21, 1988.
Legal Description - See Exhibit A
Easement Plat - See Exhibit B
o
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. 89-040
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Coup~.~l of the City of
Poway, California, at a regular meeting thereof tKis/4th day of April,
1989. f)
Carl R. Kruse, Mayor
ATTEST:
Marjorie K~ 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. 89-040
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:
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
BRANNON, EMERY, GOLDSMITH, KRUSE
Marjorie~K. Wahlsten, City Clerk
City of Pbway
2 R-3-9.1
EXHIBIT "A"
Resolution No. 89-040
Page 3
LEGAL DESCRIPTION OF DRAINAGE EASEMENT
THAT PORTION OF THE SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 26, AS SHOWN ON RECORD OF
SURVEY ~P NO. 9835 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, NOVEMBER 8, 1984 AND SHOWN ON THE CITY OF POWAY TRACT 85-04 UNIT 1
POMERADO BUSINESS PARK - PHASE I, PER MAP THEREOF NO. 11742 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MARCH 9, 1987; THENCE
WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION 26, NORTH 89°50'54" WEST,
(RECORD SOUTH 89°42, WEST, PER DEED RECORDED JULY 2, 198I AS FILE NO.
81-209508 OF OFFICIAL RECORDS), 181.92 FEET TO A POINT ON A NON-TANGENT
1228.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT BEING AN ANGLE
POINT IN THE SUBDIVISION BOUNDARY OF SAID MAP NO. 11742, A RADIAL LINE TO
SAID POINT BEARS NORTH 58°35'08. WEST; THENCE LEAVING SAID NORTHERLY LINE
OF SAID SECTION 26, AND NORTHEASTERLY ALONG THE BOUNDARY OF SAID MAP NO.
11742 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°52'20''
A DISTANCE OF 147.35 FEET; THENCE TANGENT TO SAID CURVE NORTH 38°17'12,,
EAST, 46.04 FEET TO THE BEGINNING OF A TANGENT 1100.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 19°42'48'' A DISTANCE OF 378.47; THENCE TANGENT
TO SAID CURVE, NORTH 58°00'00" EAST, 1380.01 FEET TO THE BEGINNING OF A
TANGENT 223~.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEAST-
ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°32'24" A
DISTANCE OF 216.25 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO
SAID POINT BEARS NORTH 26°27'36---~EST; THENCE CONTINUING ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 00°36'38" A DISTANCE OF 23.83 FEET;
THENCE LEAVING SAID CURVE AND SOUTHERLY BOUNDARY OF SAID I~AP NO. 11742
SOUTH 59°04'50'' EAST, 310.04 FEET; THENCE SOUTH 30°55'10,, WEST, 20.00 FEET
TO A POINT ON A LINE PARALLEL WITH AND A DISTANCE OF 20.00 FEET SOUTHWEST-
ERLY AT RIGHT ANGLES TO THE PREVIOUSLY DESCRIBED LINE THAT BEARS SOUTH
59~04'50" EAST; THENCE ALONG SAID PARALLEL LINE, NORTH 59°04,50" WEST
323.00 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL OF LAND HAS AN AJ~EA OF 0.145 ACRE, MORE OR LESS.
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B",
ATTACHED HERETO AND I,~DE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY
ME OR UNDER MY DIRECTION.
BP~M/I'IMA/LH
~ / '~LH
~-11-86
REV. 3-12-87
REV. 11-10-87
5532-05
ION DATE: DECEMBER 31, 1987
EXHIBIT "B" Resolution No. 89-040
Page 4
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~ .... /ND/CA T£S DRAINAG~C ~CA$£MCN T AB~#DOHED
/ND/CA T~$ SUI~Z~IVI$10N rdOOND4tB~' OFMi~ NO. I! ?dS
DRaINaGE EASEMEHT,4B,41VDOHMEtV}'.
IN PORTION OF $~. 25, y. l~t,f., R. Fbi'., S.B~. PER DEED
REC. JLINE 2f, t988 ,4S FILE tVO. 88-29632G.
J. ,~. b'Gd 7- Od
D,4TE / f2- 20-88.