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Res 90-027Resolution No. 90-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF THOSE PORTIONS OF CICERO WAY LOCATED WITHIN A PORTION OF LOT 2 IN SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED FEBRUARY 24, 1876, TOGETHER WITH THAT PORTION OF CICERO WAY WITHIN LOT 1 OF CITY OF POWAY TRACT NO. 4193, MAP THEREOF NO. 10523 AS RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, STATE OF CALIFORNIA, ON NOVEMBER 24, 1982 (Vacation 90-02) 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, a portion of Cicero Way within the attached legal description titled "Exhibit A" was dedicated to the City per document recorded March 8, 1982, as File No. 82-062343 and re-recorded on November 24, 1982, as File No. 82-363190, and per City of Poway Tract No. 4193, Map thereof No. 10523 as recorded on November 24, 1982 all 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 g of the Streets and Highways Code of the State of California. e The City Council hereby finds that the herein described public service easement has been superseded by relocation and there are no public facilities located within the easement. 3. The City Council hereby declares that the following described portion of Cicero Way is hereby vacated: See attached legal description titled "Exhibit A." e The City Clerk of the City of Poway is hereby directed to cause a cer- tified 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. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this~2-7qY~day of February, 1990. Oon Higgin$on, AIIESI: sten, City Clerk Resolution No. 90-027 Page 2 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution, No. 90-027 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of February, 1990 and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON q~arj~fiQ~. YWahlste'n,xC-i~ Clerk City~ of Poway Resolution 90-027 Page 3 Cicero Way Street Vacation LEGAL DESCRIPTION Those portions of Cicero Way as granted to the City of Poway for public roadway purposes per Document No. 82-062343 recorded March 8, 1982 and re-recorded and accepted by the City of Poway per Document No. 82-363190 recorded November 24, 1982 in Official Records, and that portion of Cicero Way as granted on City of Poway Tract No. 4193, Map thereof No. 10523 as recorded in the Office of the San Diego County Recorder, State of California on November 24, 1982 being more particularly described as follows: Commencing at the Northeast corner of Lot 1 of Map 10523, City of Poway Tract No. 4193, thence; Westerly along the Northerly boundary thereof North 88°59'30" West 11.98 feet to the True Point of Beginning being also a point on a non-tangent 20.00 foot radius curve concave Northeasterly, a radial to said point bears South 27000'43'' West, thence; Northerly and Westerly along the arc thereof through a central angle of 37050'26'' a distance of 13.21 feet to the beginning of a tangent 48.00 foot radius reversing curve concave Easterly, a radial to said point bears South 64°51'09'' West, thence; Northerly, Westerly, Southerly and Easterly along the arc of said curve through a central angle of 243050'39'' a distance of 204.28 feet to the point of tangency with a line being 60.00 feet Southerly of and parallel with the Northerly line of said Lot 1, said line being the boundary of said Lot 1, thence; South 88059'30'' East 64.78 feet to the most Easterly line of said Lot 1, thence; North 0°30'12'' East 56.67 feet to a point on a non-tangent 90.00 foot radius curve concave Southerly, said curve being the Northerly right-of-way of Cicero Way as granted to the City of Poway per Document No. 82-062343 recorded March 8, 1982 and re-recorded and accepted by the City of Poway per Document No. 82-363190 recordud Novembur 24, 19U2 in Official Records and that portion of Cicero Way as granted on City of ~oway Tract No. 4193, Map thereof No. 10523 recorded in said Recorders Office on November 24, 1982 a radial to said point of intersection bears North 16039'52'' East, thence; Northwesterly along said Northerly right-of-way and the arc of said curve through a central angle of 4°37'31'' a distance of 7.27 feet to the beginning of a reversing, non-tangent 20.00 foot radius curve concave Northeasterly a radial to said point bears South 12°02'14'' West, thence; Northwesterly along the arc of said curve through a central angle of 14058'22'' a distance of 5.23 feet to the True Point of Beginning. 3> _© ~> I 0 ~ r~> <~ m.~ ~ m ~ rr1 0 7 I"rl ._~ o oo < z o~0 rtl rtl /,,-~ NO'28'20"E 238.86' >o ~0 z ~0 3.~,Og.~'N 3.~,Og.~ x.o II I1 II ,00'09 3.,~ L,O£.ON z 8~TM z~ Page II111'1 ;;OZ -,4 afl-Fi 77 X l G,,,i 0Cn -000. ,o'¢ =. 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