Res 91-022Resolution No. 91-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATIONS
OF DRAINAGE, SEWER, AND TRAIL EASEMENTS LOCATED WITHIN
CITY OF POWAY TRACT 88-11, MAP THEREOF 12761 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AS FILE NO. 90-691661 ON DECEMBER 28, 1990
(Vacation 90-11)
WHEREAS, the City Council of the City of Poway desires to summarily vacate
certain public service easements in accordance with the procedures provided in
Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of
California, co,,m,,encing at Section 8330; and
WHEREAS, easements within the attached legal descriptions titled "Exhibits
A, B, C, and D" were dedicated to the Pomerado County Water District per docu-
ment recorded March 20, 1980 as File No. 80-095858, to the San Diego County
Flood Control District per document recorded January 3, 1977 as File No.
77-001081, and to the County of San Diego {2) per map 9771 recorded August 26,
1980 as File No. 80-273701, respectively, in the Office of the 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.
®
The City Council hereby finds that the herein described public service
easements have been superseded by relocation or have become obsolete
and there are no public facilities located within the easements.
3. The City Council hereby declares that the following described road and
utility easements are hereby vacated:
See attached legal descriptions titled "Exhibits A, B, C, and D."
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 5th day of March, 1991.
~ Jan G)~l~smit~, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
Resolution No. 91-022
Page 2
STATE OF CALIFORNIA )
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. 91-022 , was
duly adopted by the City Council at a meeting of said City Council held on the
5th day of March, 1991 and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
Marjorie K~ Wahlsten, City Clerk
City of PQWay
Resolution No 91-022
Page 3
EXHIBIT "A"
THAT PORTION OF LOT 29 OF CITY OF POWAY TRACT 88-11, IN THE CITY
OF POWA¥, COUNTY OF SANDIEGO, STATE OF CALIFORNIA ACCORDING TO MAP
NO. 12761 , AS FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO
COUNTY, ON D£CEMBSR 28, 1990, SHOWN AS A 20.00 WIDE
PUBLIC SEWER EASEMENT DEDICATED TO THE POMERADO COUNTY WATER
DISTRICT PER DOCUMENT RECORDED MARCH 20, 1980 AS FILE NO. 80-
095858 OF OFFICIAL RECORDS.
J.N. 88-24
08/27/90
88-24SEW.VAC
Resolution No 91-022
Page 4
--i7
N. 43'30'00" E.
b
~=9'44'02"
MAP
A:165.15'
R:972.00'
l/il}
OLD
WAY
LOT 29
I
PORTION OF 20.00 FOOT SEWER EASEMENT IN
FAVOR OF POMERADO COUNTY WATER DISTRICT PER
DOCUMENT RECORDED $/20/80 AS FILE
N0.80-095858 TO BE VACATED.
WCINI TY_ ~1,4,o
PLANNING * ENGINEERING · SURVEYING
511 EAST WASHINGTON AVE.
ESCONDIOO · CA · 92025--2881 · (619)741-5570
PLAT TO ACCOMPANY LEGAL DESCRIPTION
SEWER EASEMENT TO BE VACATED
LOT 29, MAP I:z7~=l
DA77Z: /0-~0-90 IJ.N. 88-24
Resolution No 91--022
Page 5
ExHIBIT "8"
THOSE PORTIONS OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION
24, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTIONS BEING
PART OF THAT LAND DESCRIBED IN DEED TO ROSS RIZZO, ET UX, RECORDED
ON MAY 7, 1975, AS FILE/PAGE NO. 75-109137 OF OFFICIAL RE~ORDS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTIONS
BEING DESCRIBED IN THE FOLLOWING PARCELS:
PARCEL 1:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 24, THENCE
NORTH 88°57'39'' WEST ALONG THE NORTHERLY LINE THEREOF, 637.14 FEET
TO THE MOST NORTHEASTERLY CORNER OF SAID RIZZO LAND; THENCE SOUTH
00°01'47'' WEST ALONG AN EASTERLY LINE OF SAID RIZZO LAND, 1,079.43
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING DESIGNATED
POINT "A"; THENCE CONTINUING SOUTH 00°01'47'' WEST, 10.00 FEET;
THENCE NORTH 89~58'13'' WEST, 20.00 FEET; THENCE NORTH 00"01'47''
EAST, 10.00 FEET; THENCE SOUTH 89~58'13'' EAST, 20.00 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
COMMENCING AT THE AFOREDESIGNATED POINT "A", THENCE CONTINUING
SOUTH 00"01'47'' WEST, 25.00 FEET TO A POINT ON A NONTANGENT 700.00
FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIALTO SAID POINT BEARS
NORTH 07°37'52'' WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 04~17'46'', A DISTANCE OF 52.49 FEET;
THENCE TANGENT TO SAID CURVE NORTH 86"39'54'' EAST, 143.11 FEET TO
A POINT ON A NONTANGENT 500.00 FOOT RADIUS CURVE, CONCAVE WESTERLY,
A RADIAL TO SAID POINT BEA/~S NORTH 86°39'54'' EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°00'19'',
A DISTANCE OF 17.50 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING DESIGNATED POINT "B"; THENCE CONTINUING SOUTHERLY ALONG THE
ARC OF SAID 500.00 FOOT RADIUS CURVE, THROUGH AS CENTRAL ANGLE OF
01~08'45'', A DISTANCE OF 10.00 FEET; THENCE SOUTH 86°39'54'' WEST,
24.55 FEET; THENCE NORTH 03°20'06'' WEST, 10.00 FEET; THENCE NORTH
86~39'54'' EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES LYING 5.00 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE AFOREDESCRIBED POINT "B", THENCE CONTINUING
SOUTHERLY ALONG THE ARC OF SAID 500.00 FOOT RADIUS CURVE, THROUGH
A CENTRAL ANGLE OF 21~19'43'', A DISTANCE OF 186.13 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 19°59'56'' WEST, 417.83 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT BEING DESIGNATED POINT "C"; THENCE
NORTH 70~00'04'' WEST, 34.50 FEET; THENCE NORTH 16~15'00'' EAST,
105.00 FEET; THENCE NORTH 33:45'00'' WEST, 20.00 FEET TO THE POINT
OF TERMINUS.
Resolution No 91-022
Page 6
PARCEL 4 '~
COMMENCING AT THE AFOREDESCRIBED POINT "C", THENCE CONTINUING SOUTH
19°59'56'' WEST, 712.13 FEET; THENCE NORTH 89°54'24'' WEST, 58.55
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
89~54'24'' WEST, 30.00 FEET; THENCE NORTH 00"05'36'' EAST, 15.00
FEET; THENCE SOUTH 89"54'24'' EAST, 30.00 FEET; THENCE SOUTH
00~05'36'' WEST, I5.00 FEET TO THE TRUE POINT OF BEGINNING.
J.N. 88-24
10/30/90
8824QUIT.POW
Resolution No 91-~022
Page 7
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~or~o ~c~ ~ ,~/ ~-
PORTION PARCEL., ,,m ~ / ~/ . .
~ ~ ~ Z//5 ~
~.~o'
' . ........ /~X~ P~ ~c~z ~ ·
]. VICINITY MAP
~/ ~ ~ -I/~/77 P/~ ~7-~!~1 TO ~ V~T~D. .
~ASSO~ · ASSOCIAg~$ l~C, PLAT TO ACCOMPANY LEGAL DESCRIPTION
SAN DIEGO COUNTY FLOOD CONTROL
· ·
A.P~. 273-100-23
31~ EAST WA~INGTON A~.
ESCOND/DO · CA, 92025-2881 · (619)741-3570 DA~: /~-~-~0 ~J,N. 88-24
Resolution No 91-022
Page 8
EXHIBIT "C"
A PORTION OF LOT 78 OF COUNTY OF SAN DIEGO TRACT 3842-3 IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 9771,
FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY,
AUGUST 26, 1980 AS FILE NO. 80-273701, MORE PARTICLrLARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 78, BEING ALSO A
POINT ON THE SOUTHERLY LINE OF THAT 60.00 FOOT PUBLIC RIGHT OF WAY
KNOWN AS PASO DEL VINEDO; THENCE NORTH 57°00'00'' EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE 105.04 FEET; THENCE SOUTH 33°00'00''
EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 57"00'00'' WEST, A
DISTANCE OF 97.44 FEET; THENCE SOUTH 00~01'51'' WEST, A DISTANCE OF
90.00 FEET; THENCE SOUTH 59~37'37'' EAST, A DISTANCE OF 36.40 FEET;
THENCE NORTH 86~39'58" EAST 143.11 FEET; THENCE SOUTH 03°20'02"
EAST 14.00 FEET; THENCE SOUTH 86"39'58'' WEST, A DISTANCE OF 143.11
FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE 52.49 FEET
THROUGH A CENTRAL ANGLE OF 04~17'46"; THENCE LEAVING SAID CURVE
NORTH 00 ~01'51'' EAST, A DISTANCE OF 144.22 TO THE POINT OF
BEGINNING.
EQUESTRIAN TRAIL
8824EQU.LGL
Resolution No 91-022
Page 9
POINT
BEGINNING
bJ
0
Z
bo~ ~9
Wo~i~o~
oW ~,
A.P.N. 273-901-01
1" : 80'
143.11
04'17'46"
700.00
52.49
A.P.N. 27.3-100-23
VICINITY MAP
f PASE~O~%~RY RD-
L1 S 33'00'00" E
L2 S 57'00'00" W
L3 S 00'01'51" W
L4 S 59'37'37" E
L5 N 86'39'58" E
L6 S 03"20'02" E
25.00
97.44
90.00
36.40
143.11
14.00
POR~ON Of EQUESTRIAN
EASEMENT PER MAP 9771
TO BE VACATED
G:~ACADDWGS~1988~8824V3
]~ASSO~ & ASSOCXA~R$ X]~C.
PLANNING · ENGINEERING · SURVEYING
511 EAST WASHINGTON AVE.
ESCONDIDO · CA · 92025-2881 · (619)741-3570
PLAT TO ACCOMPANY LEGAL DESCRIPTION'
FOR EQUESTRIAN EASEMENT VACATION
A.P.N. 275-901-01
DATE: 8/8/90 IJ.l~. 88--24-
Resolution No 91 022
Page 10
EXHIBIT "D"
THAT PORTION OF LOT 78 OF COUNTY OF SAN DIEGO TRACT 3842-3 IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 9771,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, AUGUST 26, 1980 AS FILE NO. 80-273701, SHOWN AND DEDICATED
AS A 20 FOOT WIDE DRAINAGE EASEMENT ON SAID MAP.
J.N. 88-24
8/7/90
8824QUIT.3
Resolution No 91-022
Page 11
0
m l----PORllON OF 20' WIDE q~t3~. )
DRAINAGE EASEM E?.T _P.E__~R A~~ \
~ 86'39'58~ ~ q
~ASSON & ASSOCiAteS ~C.
PLANNING ' ENGINEERING . SURVEYING
311 EAST WASHINGTON AVE.
ESCONDIDO · CA. 92025-2881 · (619)741-3570
G:%ACADDWGS%1988%8824V1
PLA T TO ACCOMPANY LEGAL DESCRIPTION
FOR 20' DRAINAGE VACATION
A.P.N. 275-901-01
DATE: 8/8/90 lU.N. 88-24