Res 92-063RESOLUTION NO. 92- 063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA
ORDERING THE SUMMARY VACATION OF A PORTION OF THE GENERAL UTILITY EASEMENT
ADJACENT TO SOUTH POWAY PARKWAY IN LOTS 55 AND 57
IN CITY OF POWAY TRACT 87-13, UNIT I, MAP 12556
(VACATION 91-13)
WHEREAS, the City Council of the City of Poway desires to su,m.arily
vacate a portion of the general utility easement adjacent to South Poway
Parkway 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 portion of the aforesaid utility easement was dedicated
and accepted by the City of Poway through recordation in the Office of the
San Diego County Recorder of the final map of City of Poway Tract 87-13,
Unit I, Map 12556 on February 8, 1990; and
WHEREAS, subsequent to said recordation, the said easement was never
utilized for its intended purpose; and
WHEREAS, the developer, Parkway Business Centre Partners, Ltd. has
dedicated substitute utility easements 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 9 of the Streets and Highways Code of the State of
California.
2. The City Council finds that the utility easement to be
vacated has been superseded by relocation {Section 8330{a}}.
3. The City hereby declares that the herein below described right of
way is vacated.
Portion of a general utility easement adjacent to South Poway
Parkway in Lots 55 and 57 in City of Poway Tract 87-13,
Unit I, Map 12556.
Legal Description - See Exhibit A
Plat - See Exhibit B
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 San Diego County Recorder in accordance with the provisions of
Section 8338, Chapter 4, Part 3, Division g of the Streets and
Highways Code.
Resolution No. 92-063
Page 2
PASSED, ADOPTED, AND APPROVED by the City Councl of the City of Poway,
at a regular meeting thereof this 5th daylf May 191 ~
i, Mayor
ATTEST:
Marjori~K~Wahlsten, City Clerk
STATE OF CALIFORNIA )
) $$o
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. 92-063
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 ~
EXHIBIT "A"
Resolution No. 92-063
Page 3
LEGAL DESCRIPTION
P/~RCEL 5 - GENERAL UTILITY EASEMENT AB/~NDONMENT (IN LOTS 55 AND 57)
THOSE PORTIONS OF THE GENERAL UTILITY EASEMENT AS DEDICATED IN LOTS
55 AND 57 OF 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 SANDIEGO COUNTY ON FEBRUARY 8, 1990, IN THE
CITY OF POWAY, COUNTY OF SANDIEGO, 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
SAID LOT 57 OF SAID MAP NO. 12556, SAID POINT BEING ON THE WESTERLY
LINE OF THE RIGHT-OF-WAY OF SAID STOWE DRIVE; THENCE T~AVING SAID
RIGHT-OF-WAY OF STOWE DRIVE ALONG THE LINE RADIAL TO SAID CURVE,
NORTH 1°40'43'' EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ON THE WESTERLY TERMINUS OF THE 24.50 FOOT RADIUS CURVE
ON THE NORTHERLY LINE OF THE EXISTING GENERAL UTILITY EASMENT AS
DEDICATED ON SAID MAP NO. 12556; THENCE EASTERLY ALONG SAID
NORTHERLY EASEMENT LINE AND ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 24°07'46'' A DISTANCE OF 10.32 FEET TO A POINT OF
CUSP WITH A 24.50 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL
TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 36°07'10'' EAST; THENCE
LEAVING SAID EASEMENT LINE, WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 37°47'53'' A DISTANCE OF 16.16 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 88°19'17'' WEST 467.59 FEET TO
A POINT ON SAID NORTHERLY LINE OF THE GENERAL UTILITY EASEMENT
DESCRIBED ABOVE, THENCE ALONG SAID NORTHERLY EASEMENT LINE: SOUTH
88°40'07'' EAST 164.92 FEET; SOUTH 89°16'35'' EAST 120.05 FEET; SOUTH
88°19'17'' EAST 187.64 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 5 HAS AN AREA OF 0.021 ACRE, MORE OR LESS.
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
BPM
IGNED: 9-/0- ¢/
/ / -ZS , L . S . 5 9 3 7
(/LICENSE EXPIrRES: 12-31-92
Resolution No. 92-063
Page 4~,