Res 92-062RESOLUTION NO. g2-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA
ORDERING THE SUMMARY VACATION OF A PORTION OF SOUTH POWAY PARKWAY AND STOWE
DRIVE AND THE ABUTTERS' RIGHTS OF ACCESS APPURTENANT TO LOTS 55
AND 57 IN CITY OF POWAY TRACT 87-13, UNIT 1, MAP 12556
(VACATION 91-11)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate a portion of South Poway Parkway and Stowe Drive and the abutters'
rights of access in accordance with the procedures provided in Chapter 3,
Part 3, Division 9 of the Streets and Highways Code of the State of
California, commencing at Section 8330; and
WHEREAS, the portions of the aforesaid streets were dedicated and
accepted by the City of Poway and the abutters' rights of access to Lots 55
and 57 were relinquished and waived through recordation in the Office of
the San Diego County Recorder of the final map of City of Poway Tract
87-13, Unit 1, Map 12556 on February 8, 1990; and
WHEREAS, the developer, Parkway Business Centre Partners, Ltd. has
dedicated substitute roadway easements and abutters' rights of access
relinquished and waived through recordation of deeds in the Office of the
San Diego County Recorder on April 21, 1992, as Document No. 92-0231615.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
This vacation is made under the provisions of Chapter 4, Part 3,
Division g of the Streets and Highways Code of the State of
California.
o
The City Council finds that the street rights of way and
relinquishment and waiver of the abutters' rights of access to be
vacated have been superseded by relocation {Section 8330{a}).
3. The City hereby declares that the herein below described streets
rights of way and abutters' rights of access are vacated.
Portions of South Poway Parkway, Stowe Drive and the
abutters' rights of access appurtenant to Lots 55 and
57 in City of Poway Tract 87-13, Unit I, Map 12556.
Legal Description - See Exhibit A
Plat - See Exhibit B
0
The City Clerk of the City of Poway is herebydirected to cause a
certified copy of this Resolution to be recorded in the Office of
the San Diego County Recorder in accordance with the provisions of
Section 8336, Chapter 4, Part 3, Division 9 of the Streets and
Highways Code.
Resolution No. 92- 062
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
at a regular meeting thereof thls~
ATTEST:
)2.
h, Mayor
Marjorl'e~K.~Wahlsten, City C er
STATE OF CALIFORNIA )
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. 92-062
was duly adopted by the City Council at a meeting of said City Council held
on the 5th day of May 1992, 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 P~.yaY
EXHIBIT "A"
Resolution No. 92-062
Page 3
LEGAL DESCRIPTION
PARCEL 3 - STREET VACATION - (PORTION OF SOUTH POWAY PARKWAY AND
STOWE DRIVE)
THAT PORTION OF SOUTH POWAY PARKWAY AND STOWE DRIVE AS DEDICATED
PER CITY OF POWAY TRACT 87-13 UNIT 1, PARKWAY BUSINESS CENTRE,
ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8, 1990, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY POINT OF TERMINUS OF THE 34.50 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF
LOT 57 OF SAID Iv!AP NO. 12556, SAID POINT BEING ON THE WESTERLY LINE
OF THE RIGHT-OF-WAY OF SAID STOWE DRIVE; THENCE EASTERLY ALONG SAID
WESTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 26°06'58'' A DISTANCE OF 15.73 FEET TO A POINT OF CUSP WITH
A 34.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL TO SAID
CURVE THROUGH SAID POINT BEARS SOUTH 34°07'58'' EAST; THENCE LEAVING
SAID WESTERLY LINE OF THE RIGHT-OF-WAY OF SAID STOWE DRIVE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°48'41''
A DISTANCE OF 21.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH
88°19'17'' WEST 467.56 FEET TO A POINT ON THE NORTHERLY LINE OF THE
RIGHT-OF-WAY OF SAID SOUTH POWAY PARKWAY; THENCE ALONG SAID
NORTHERLY LINE: SOUTH 88°40'07'' EAST 165.00 FEET; SOUTH 89°16'35''
EAST 120.02 FEET; SOUTH 88°19'17'' EAST 187.56 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH ALL ABUTTERS' RIGHTS OF ACCESS APPURTENANT TO LOTS
55 AND 57, IN AND TO SOUTH POWAY PARKWAY, AS SHOWN ON EXHIBIT "B".
THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT
"B" ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WERE
PREPARED BY ME OR UNDER MY DIRECTION.
J# 5725-35
4-12-91
REVISED:
7-3-91
9-9-91
12-19-91
BPM
Exp 12..31-92
\ LIC. NO. LS 5~37~
Resolution No. 92-062