Res 90-036Resolution No. 90-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF
A PORTION OF AN EQUESTRIAN TRAIL EASEMENT IN LOTS 51
AND 54 OF CITY OF POWAY TRACT NO. 81-01, MAP NO. 11037
(Vacation 90-05)
WHEREAS, the City Council of the City of Poway desires to summarily vacate
a certain public 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
Poway Tract
through the
September 4
, an equestrian trail easement along the westerly portion of City of
No. 81-01, Map No. 11037 was dedicated and accepted by said City
filing and recordation of the final map of said Map No. 11037 on
, 1984; and
WHEREAS, said easement encumbers the westerly portions of Lots 51 and 54 of
said Map No. 11037; and
WHEREAS, said easement in Lots 51 and 54 was determined to be excessive in
area to construct the standard improvements required for a city's trail system.
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.
e
The City Council hereby finds that the hereinbelow equestrian trail
easement has not been used for the purpose for which it was dedicated or
acquired for five consecutive years immediately preceding the proposed
vacation {Section 8333a).
3. The City Council hereby declares that the hereinbelow described
equestrian easement 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 6th day of March, 1990.
Don Higginson,(~K~or
ATTEST:
Marjori~ Wah , ' y
Resolution No. 90- 036
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. 90-036 , was
duly adopted by the City Council at a meeting of said City Council held on the
6th day of March, 199D and that it was so adopted by the following vote:
AYES: EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: BRANNON
Marjori~ ~ Wahlsten, City Clerk
City of P~_~vay
Resolution No. 90-036
Page 3
EXHZB~T A
Those portions of Lots 51 and 54 of City of Poway Tract 81-01 in the City of
Poway, County of San Diego, State of California according to Map thereof No.
11037, recorded in the office of the San Diego County Recorder on September 14,
1984, described as follows:
Commencing at the Northwest corner of said Lot 51; thence South 84°11'23"
East along the Northerly line thereof, 86.91 feet {Record per Map No. 11037,
86.97 feet) to the TRUE POINT OF BEGINNING; thence leaving said Northerly line
South 16°18'01'' East, 3.75 feet {Record 3.68 feet); thence South 25050'57'' West,
188.78 feet; thence South 03000'00'' East, 58.00 feet; thence South 25°50'57''
West, 23.00 feet; thence South 79°57'09'' West, 45.80 feet (Record 45.78 feet) to
the Southerly line of said Lot 51, said point being also on the Northerly line
of said Lot 54; thence continuing along South 79057'09'' West, 41.17 feet {Record
41.19 feet); thence South 31°50'56'' West, 111.93 feet; thence South 12°51'16"
West; 49.35 feet; thence North 04°37'19'' East, 71.84 feet; thence North
14°59'20'' East, 27.00 feet; thence North 25°50'57'' East, 57.94 feet; thence
North 38°35'47'' East, 8.28 feet; thence North 65°15'13'' East 6.45 feet to the
Northerly line of said Lot 54, said point being also on the Southerly line of
said Lot 51; thence North 72°22'38" East, 26.61 feet; thence North 48000'36''
East, 19.99 feet; thence North 39°57'21'' West, 20.01 feet; thence North
05°22'09'' West, 13.35 feet; thence North
North 59°04'09'' East, 19.05 feet; thence
thence North 13041'02'' East, 21.45 feet;
feet; thence North 23°50'02'' East, 12.98
48.20 feet; thence North 20°26'09'' East,
West, 39.22 feet; thence North 74033'33''
89001'09'' East, 52.75 feet; thence North
07°29'00" East, 11.88 feet; thence
North 72°41'46'' East, 28.43 feet;
thence North 41009'44'' West, 25.42
feet; thence North 79°44'02" East,
20.88 feet; thence North 56°11'27''
East, 22.68 feet; thence North
14°33'44" East, 19.24 feet; thence
North 33°46'24'' West, 21.73 feet; thence North 63°48'16'' West, 39.72 feet;
thence North 43025'22'' East, 20.29 feet to the Northerly line of said Lot 51;
thence along said Northerly line South 84011'23'' East, 62.65 feet to the TRUE
POINT OF BEGINNING.