Loading...
Res 92-073RESOLUTION NO. 92-073 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA ORDERING THE VACATION OF PORTIONS OF OLD POMERADO ROAD, CREEK ROAD, AND POMERADO ROAD AT THE SOUTHWEST CORNER OF SOUTH POWAY PARKWAY AND POMERADO ROAD INTERSECTION (VACATION 90-01) WHEREAS, the City Council of the City of Poway desires to vacate portions of Old Pomerado Road, Creek Road, and Pomerado Road at the southwest corner of South Poway Parkway and Pomerado Road intersection 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 8320; and WHEREAS, the aforesaid portion of Old Pomerado Road was created and dedicated to the public through document recorded April 4, 1924 in Book 751, Page 369 of Deeds; and WHEREAS, the aforesaid portion of Creek Road was created and dedicated to the public through document recorded August 22, 1896 in Book 255, Page 3 of Deeds; and WHEREAS, the aforesaid portion of Pomerado Road was dedicated and accepted by the City of Poway and recorded as File No. 87-049649 on January 29, 1987 in the Office of the County Recorder; and WHEREAS, substitute rights-of-way have been dedicated by separate documents; and WHEREAS, public utility lines within the street right-of- way, i.e., water, sewer, drainage, electric, telephone, gas, and cable television were designed, constructed and/or installed in accordance with the specifications and standards of the City of Poway and the respective utility agencies; and WHEREAS, the City of Poway shall reserve and except from the vacation, easements and appurtenant rights for the construction, maintenance, operation, replacement, removal, and renewal of public utility facilities. 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 3, Part 3, Division 9 of the Streets and Highways code of the State of California. The City Council finds that the street right-of-way to be vacated has been superseded by relocation (Section 8330 (a)). Resolution No. 92- 073 Page 2 The City hereby reserves and excepts from the vacation the following: The easement (general utility easement) and right at any time, or from time to time, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduit, cables, wires, poles, and other appurtenances, equipment, and fixtures for the transportation or distribution of electric energy and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway to be vacated. Any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities. The City hereby declares that the herein below described right-of-way is vacated. Portions of Old Pomerado Road, Creek Road, and Pomerado Road at the Southwest corner of South Poway Parkway and Pomerado Road Intersection. 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 8325, Chapter 3, Part 3, Division 9 of the Streets and Highways Code. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, at a regular meeting thereof this 12th day of May 1992. ATTEST: Kathy McIntyre, Deputy Mayor Wahlsten, Clerk Marjor~. City Resolution No. 92- 073 Page 3 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. 92-073 , was duly adopted by the City Council at a meeting of said City Council held on the 12th day of May, 1992, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, HIGGINSON, MCINTYRE, SNESKO NONE NONE GOLDSMITH Marjor~e~K. Wahlsten, City Clerk City o~oway Resolution No. 92-073 Page 4 EXHIBIT "A" LEGAL DESCRIPTION - STREET VACATION PAGE i OF 5 PAGES PARCEL "A": POMERADO ROAD THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15915 AS FILED ON DECEMBER 21, 1989 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF CITY OF POWAY TRACT 85-04 UNIT 1, (POMERADO BUSINESS PARK - PHASE'II) ACCORDING TO THE MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON MARCH 9, 1987, SAID POINT. BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 11742; THENCE WESTERLY ALONG SAID BOUNDARY NORTH 89° 52' 20" WEST 269.64 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1926.50 FEET, A RADIAL BEARS SOUTH 27° 25' 28" EAST, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SOUTH POWAY PARKWAY AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS SHOWN ON RECORD OF SURVEY MAP NO. 12674; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 1° 10' 41" A DISTANCE OF 39.61 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR PARCEL 1 OF DEED TO THE CITY OF POWAY RECORDED APRIL 27, 1989 AS FILE/PAGE NO. 89-220347 IN THE OFFICE OF SAID RECORDER; THENCE NON-TANGENT TO SAID CURVE SOUTH 67° 25' 25" WEST 183.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1961.50 FEET, A RADIAL BEARS SOUTH 19° 55' 41" EAST, SAID CURVE HEREIN DESIGNATED CURVE "A"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 46' 43" A DISTANCE OF 334.77 FEET TO THE CENTER LINE OF POMERADO ROAD AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED APRIL 4, 1924 IN BOOK 751 AT PAGE 369 OF DEEDS IN THE OFFICE OF SAID RECORDER, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING'A RADIUS OF 1000.00 FEET, A RADIAL BEARS SOUTH 42° 08' 49" WEST, SAID CURVE HEREIN DESIGNATED CURVE "B"; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL ANGLE OF 0° 41' 02" A DISTANCE OF 11.94 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1971.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID CURVE "A"; A RADIAL BEARS SOUTH 10° 21' 36" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF l°06' 04" A DISTANCE OF 37.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF THE AFORESAID POMERADO ROAD, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY AND BEING CONCENTRIC WITH THE AFORESAID CURVE "B", A RADIAL BEARS SOUTH 40° 48' 09" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 34' 59" A DISTANCE OF 111.45 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 55° 46' 23" EAST 176.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1030.00 FEET, A RADIAL BEARS NORTH 34° 13' 42" EAST, SAID CURVE HEREIN DESIGNATED CURVE "C"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 08' 10" A DISTANCE OF 128.28 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 39' 50" A DISTANCE OF 119.80 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 45' 10" A DISTANCE OF 49.49 FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY OF POMERADO ROAD AS SHOWN ON SAID RECORD OF SURVEY NO. 12674; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY SOUTH 16° O0 45" EAST 116.57 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75° 27' 44" A DISTANCE OF 26.34 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 970.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID CURVE "C", A RADIAL BEARS NORTH 57° 49' 47" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 36' 15" A DISTANCE OF Resolution No. 92-073 Page 5 EXHIBIT "A" LEGAL DESCRIPTION - STREET VACATION PAGE 2 OF 5 PAGES 399.61 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 55° 46 23" WEST 176.13 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 970.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID CURVE "B", A RADIAL BEARS SOUTH 34° 13' 11" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 13' 18" A DISTANCE OF 165.78 FEET TO A POINT ON THE ARC OF THE AFORESAID 1971.00 FOOT RADIUS CURVE, A RADIAL BEARS SOUTH 9° 15' 45" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 05' 51" A DISTANCE OF 37.75 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.931 ACRES (MORE OR LESS). PARCEL "B": POMERADO ROAD THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15915 AS FILED ON DECEMBER 21, 1989 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY 'CORNER OF LOT 46 OF CITY OF POWAY TRACT 85-04 UNIT 1, (POMERADO BUSINESS PARK - PHASE II) ACCORDING TO THE MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON MARCH 9, 1987, SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 11742; THENCE WESTERLY ALONG SAID BOUNDARY NORTH 89° 52' 20" WEST 269.64 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1926.50 FEET, A RADIAL BEARS SOUTH 27° 25' 28" EAST, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SOUTH POWAY PARKWAY AS SHOWN ON SAID PARCEL MAP'NO. 15915 AND AS SHOWN ON RECORD OF SURVEY MAP NO. 12674; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 1° 10' 41" A DISTANCE OF 39.61 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR PARCEL 1 OF DEED TO THE CITY OF POWAY RECORDED APRIL 27, 1989 AS FILE/PAGE NO. 89-220347 IN THE OFFICE OF SAID RECORDER; THENCE NON-TANGENT TO SAID CURVE SOUTH 67° 25' 25" WEST 183.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1961.50 FEET, A RADIAL BEARS SOUTH 19° 55' 41" EAST, SAID CURVE HEREIN DESIGNATED CURVE "A"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 46' 43" A DISTANCE OF 334.77 FEET TO THE CENTER LINE OF POMERADO ROAD AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED APRIL 4, 1924 IN BOOK 751 AT PAGE 369 OF DEEDS IN THE OFFICE OF SAID RECORDER, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET, A RADIAL BEARS SOUTH 42° 08' 49" WEST, SAID CURVE HEREIN DESIGNATED CURVE "B"; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL ANGLE OF 0° 41' 02" A DISTANCE OF 11.94 FEET, SAID POINT ALSO BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1971.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID CURVE "A"; A RADIAL BEARS SOUTH 10° 21' 36" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 06' 04" A DISTANCE OF 37.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF THE AFORESAID POMERADO ROAD, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY AND BEING CONCENTRIC WITH THE AFORESAID CURVE "B", A RADIAL BEARS SOUTH 40° 48' 09" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 34' 59" A DISTANCE OF 111.45 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 55° 46' 23" EAST 176.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1030.00 FEET, A RADIAL BEARS NORTH 34° 13' 42" EAST, SAID CURVE HEREIN DESIGNATED CURVE "C"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Resolution No. 92-073 Page 6 EXHIBIT "A" LEGAL DESCRIPTION - STREET VACATION PAGE 3 OF 5 PAGES 7° 08' 10" A DISTANCE OF 128.28 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 39' 50" A DISTANCE OF 119.80 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A POINT ON POMERADO ROAD GRA~TED AS A ROAD EASEMENT PER DOCUMENT RECORDED JANUARY 29, 1987 AS FILE NO. 87-049649 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 45' 10" DISTANCE OF 49.49 FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY OF POMERADO ROAD AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 12674; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH 16° 00 45" WEST 26.98 FEET TO THE SOUTHERLY RIGHT OF WAY OF CREEK ROAD AS DESCRIBED IN DOCUMENT RECORDED AUGUST 22, 1896 IN BOOK 225, PAGE 3 OF DEEDS AND AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 12674; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY NORTH 64° 49' 15" WEST 27.35 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.006 ACRES (MORE OR LESS). PARCEL "C": POMERADO ROAD THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN 'BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF CITY OF POWAY TRACT 85-04 UNIT 1, (POMERADO BUSINESS PARK - PHASE II) ACCORDING TO THE MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON MARCH 9, 1987, SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 11742; THENCE WESTERLY ALONG SAID BOUNDARY NORTH 89" 52' 20" WEST 269.64 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1926.50 FEET, A RADIAL BEARS SOUTH 27° 25' 28" EAST, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SOUTH POWAY PARKWAY AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS SHOWN ON RECORD OF SURVEY MAP NO. 12674; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 1° 10' 41" A DISTANCE OF 39.61 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR PARCEL 1 OF DEED TO THE CITY OF POWAY RECORDED APRIL 27, 1989 AS FILE/PAGE NO. 89-220347 IN THE OFFICE OF SAID RECORDER; THENCE NON-TANGENT TO SAID CURVE SOUTH 67° 25' 25" WEST 183.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1961.50 FEET, A RADIAL BEARS SOUTH 19° 55' 41" EAST, SAID CURVE HEREIN DESIGNATED CURVE "A"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 46' 43" A DISTANCE OF 334.77 FEET TO THE CENTER LINE OF POMERADO ROAD AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED APRIL 4~ 1924 IN BOOK 751 AT PAGE 369 OF DEEDS IN THE OFFICE OF SAID RECORDER, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING'A RADIUS OF 1000.00-FEET, A RADIAL BEARS SOUTH 42° 08' 49" WEST, SAID CURVE HEREIN DESIGNATED CURVE "B"; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL ANGLE OF 0° 41' 02" A DISTANCE OF 11.94 FEET, SAID POINT ALSO BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1971.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID CURVE "A"; A RADIAL BEARS SOUTH 10° 21' 36" EAST; THENCE.EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 06' 04" A DISTANCE OF 37.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF THE AFORESAID POMERADO ROAD, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY AND BEING CONCENTRIC WITH THE AFORESAID CURVE "B", A RADIAL BEARS SOUTH 40° 48' .09" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 34' 59" A DISTANCE OF 111.45 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 55° 46' 23" EAST~ Resolution No. 92-073 Page 7 EXHIBIT "A" LEGAL DESCRIPTION - STREET VACATION PAGE 4 OF 5 PAGES 176.18 FEET TO. THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1030.00 FEET, A RADIAL BEARS NORTH 34° 13' 42" EAST, SAID CURVE HEREIN DESIGNATED CURVE "C"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 08' 10" A DISTANCE OF 128.28 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6* 39' 50" A DISTANCE OF 119.80 FEET; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 45' 10" A DISTANCE OF 49.49 FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY OF POMERADO ROAD AS SHOWN ON SAID RECORD OF SURVEY NO. 12674; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY SOUTH 16~ 00 45" EAST 116.57 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75° 27' 44" A DISTANCE OF 26.34 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 970.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID CURVE "C", A RADIAL BEARS NORTH 57° 49' 47" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4" 09' 58" A DISTANCE OF 70.53 FEET; TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING, A RADIAL BEARS NORTH 36° 14' 25" E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 41' 15" A DISTANCE OF 12.81 FEET; THENCE SOUTH 17" 04' 20" EAST 9.90 FEET TO A POINT ON THE AFORESAID 970.00 FOOT RADIUS CURVE, A RADIAL BEARS NORTH 63° 18' 28" EAST;. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 18' 43" A DISTANCE OF 22.21 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 27.24 SQUARE FEET (MORE OR LESS). PARCEL "D": CREEK ROAD THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15915 AS FILED ON DECEMBER 21, 1989 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMI~ENCING AT THE SOUTHWESTERLY CORNER OF LOT 46 OF CITY OF POWAY TRACT 85-04 UNIT 1, (POMERADO BUSINESS PARK - PHASE II) ACCORDING TO. THE MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON MARCH 9, 1987, SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 11742; THENCE WESTERLY ALONG SAID BOUNDARY NORTH 89° 52' 20" WEST 269.64 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1926.50 FEET, A RADIAL BEARS SOUTH 27° 25' 28" EAST, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SOUTH POWAY PARKWAY AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS SHOWN ON RECORD OF SURVEY MAP NO. 12674; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 1° 10' 41" A DISTANCE OF 39.61 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR PARCEL 1 OF DEED TO THE CITY OF POWAY RECORDED APRIL 27, 1989 AS FILE/PAGE NO. 89-220347 IN THE OFFICE OF SAID RECORDER; THENCE NON-TANGENT TO SAID CURVE SOUTH 67~ 25' 25" WEST 183.74 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1961.50 FEET, A RADIAL BEARS SOUTH 19° 55' 41" EAST, SAID CURVE HEREIN DESIGNATED CURVE "A"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 46' 43" A DISTANCE 0F'334.77 FEET TO THE CENTER LINE OF POMERADO ROAD AS SHOWN ON SAID PARCEL MAP NO. 15915 AND AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED APRIL 4, 1924 IN BOOK 751 AT PAGE 369 OF DEEDS IN THE OFFICE OF SAID RECORDER, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET, A RADIAL BEARS SOUTH 42Q 08' 49" WEST, SAID CURVE HEREIN DESIGNATED CURVE "B"; Resolution No. 92-073 Page 8 EXHIBIT "A" LEGAL DESCRIPTION - STREET VACATION PAGE 5 OF 5 PAGES THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL ANGLE OF 0° 41' 02" A DISTANCE OF 11.94 FEET, SAID POINT ALSO BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1971.00 FEET AND BEING CONCENTRIC WITH THE AFORESAID CURVE "A"; A RADIAL BEARS SOUTH 10° 21' 36" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 06' 04" A DISTANCE OF 37.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF THE AFORESAID POMERADO ROAD, SAID POINT. BEING ON THE ARC OF A CURVE CONCAVE NORTHEASTERLY AND BEING CONCENTRIC WITH THE AFORESAID CURVE "B", A RADIAL BEARS SOUTH 40° 48' 09" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 34' 59" A DISTANCE OF 111.45 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 55° 46' 23" EAST 176.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING RADIUS OF 1030.00 FEET, A RADIAL BEARS NORTH 34° 13 ' 42" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 08' 10" A DISTANCE OF 128.28 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT. BEING A POINT ON THE NORTHERLY RIGHT OF WAY OF CREEK ROAD AS DESCRIBED IN A DOCUMENT RECORDED AUGUST 22, 1896 IN BOOK 225, PAGE 3 OF DEEDS; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 39' 50" A DISTANCE OF 119.80 FEET, SAID POINT BEING A POINT ON POMERADO ROAD GRA/~TED AS AN ROAD EASEMENT PER DOCUMENT RECORDED JANUARY 29, 1987 AS FILE NO. 87-049649 OF OFFICIAL RECORDS, SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE AFORESAID CREEK ROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY SOUTH 64° 49' 15" EAST 27.35 FEET TO SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY OF POMERADO ROAD AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 12674; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH 16° O0 45" WEST 53.16 FEET TO THE AFORESAID NORTHERLY RIGHT OF WAY OF THE CREEK ROAD NORTHWESTERLY ALONG SAID RIGHT OF WAY NORTH 64° 49' 15" WEST 105.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.058 ACRES (MORE OR LESS). THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY ME OR UNDER MY DIRECTION. MANUEL E. NIETO R.C.E. 30724 REGISTRATION EXPIRES: MARCH 31, 1992 ? /1991 DATE JN: 8014.025 TFS:1-30-91: REV 8-5-91 C:\Q&A\JOBS\8025\VACAT I \ .00 ' L= 67, 7~,' ,q4 T,P.O, "A" -I STREET VACATION: POMERAOO ROAD - PARCEL 'A" POMERADO ROAD - PARCEL POMERADO ROAD - PARCEL "C" CREEK ROAD - PARCEL 1;P.O.B. ?2/~CEL "~ , N64'4q'ID"W 27.". Prepared in the office of Church Engineering.' Inc. z]: 75'Z?'44,, R a:4'09'58', R~q-/O,03 PARCEL 'C dEE DETAIL. ",q " SHEET Z Surve¥ore EXHIBIT ResoluU_on No. 92-073 Page 10 SHEET2 OF2 SHEETS ?,0~o STREET VACATION: POHERADO ROAD - PARCEL "C" PpepaPed tn tha office of Chur'ch Eng~neeP~ng. [nc. ,,OS'~4u--