Res 92-189Resolution No. 92-189
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, ORDERING THE VACATION
OF A PORTION OF OLD ESPOLA ROAD, A PUBLIC STREET
LOCATED AT 16903 ESPOLA ROAD IN THE CITY OF POWAY
(Vacation 90-13)
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 3, Part 3, Division 9 of the Streets and Highways Code of the State of
California, commencing at Section 8330; and
WHEREAS, Old Espola Road was created and dedicated to the public through
the recordation of Grant Deed No. 62-28925 on February 19, 1962; and
WHEREAS, said street and public utility lines within the street right-
of-way, i.e., water, sewer, drainage, electric, 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, said street is confined only within said property and is not
servient to any adjoining properties; and
WHEREAS, the property owners are desirous of converting the public
street to private property; 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 removal 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 hereby finds that the portion of Old Espola Road
as shown on Exhibit "A" is in the City of Poway and is unnecessary
for present public use {Section 8324b).
3. The City Council 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, and renew sanitary sewers and storm drains
and appurtenant structures in, upon, over, and across a street
or highway proposed to be vacated and, pursuant to any
existing franchise or renewals thereof, or otherwise, to
construct, maintain, operate, replace, remove, renew, and
enlarge lines of pipe, conduits, cables, wires, poles, and
other convenient structures, equipment, and fixtures for the
operation of gas pipelines, telegraphic and telephone lines,
cable television lines, and for the transportation or
distribution of electric energy, and water, and for incidental
Resolution No. 92-189
Page 2
purposes, including access to protect these works from all
hazards in, upon, and over the street or highway proposed to
be vacated.
b. Any easement and right necessary to maintain, operate,
replace, remove, or renew the public utility facilities.
4. The City hereby declares that the portion of Old Espola Road as
shown on Exhibit "A" be hereby vacated.
o
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 Section 8325,
Chapter 3, Part 3, Division 9 of the Streets and Highways Code
concurrently with the recordation of the instrument titled "Grant
of Private Easements and Declaration of Covenants Pertaining to
Poway Tract 84-08 Road Maintenance Association."
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 2~h day~{October, 1992.
~,~Jan 'th, Mayor
Marjor~el~. Wahlsten, City Clerk
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. 92-189 was
duly adopted by the City Council at a meeting of said City Council held on the
27th day of October, 1992 and that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjori6 ~. Wahlsten, City Clerk
City of ~o~aY
-' ' ~ F' "- - ' Resolution No. 92-189
EXHIBIT A Page 3
PORT, LOT J 2-Il
SEC
A.P. N, 27`3- 82' 09
LOT 'J
SEC_ 28
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A.E N.27.3 .- 82-' J3
.PORT.LOT J 'SEC 26
T J..3S R2'W
POtaTION O? I~AAICflO
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SUMMERFJELD
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Project Design Cczazdtants-
~ ~' planning and Engineering
~ NO 9,,.606 F
· ' i ~ lOlO SexTon~ At,'~u~ Suit~ 500, San Diego, CA 92101
Resolution No. 92-189
Page 4
L/788-STR.VAC, 4/3/91 (CH), Il/DC, PAGE 1
LEGAL DESCRIPTION
FOR
STREET VACATION
AND GENERAL UTILITY EASEMENT RESERVATION
BEING A PORTION OF LOT 1 IN SECTION 26, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
APRIL 22, 1876, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 26 PER RECORD OF SURVEY NO.
3582 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG
THE NORTH LINE OF SAID SECTION
1. NORTH 88°45'59'' WEST 672.44 FEET; THENCE
2. SOUTH 01°14'01" WEST
1,252.02 FEET
MORE OR LESS TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF OLD
ESPOLA ROAD AS DEDICATED PER DOCU-
MENT RECORDED FEBRUARY 19, 1962,
AS FILE/PAGE NO. 28925 IN BOOK
1962 OF OFFICIAL RECORDS IN THE
OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID POINT BEING THE
TRUE POINT OF BEGINNING; THENCE
CONTINUING
3. SOUTH 01°14'01" WEST
9.06 FEET
TO A POINT ON THE NORTHERLY RIGHT-
OF-WAY OF RANCHO BERNARDO ROAD AS
SHOWN ON ROAD SURVEY NO. 1739 ON
FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAID COUNTY; THENCE
ALONG SAID RIGHT-OF-WAY
4. NORTH 83°10'40" WEST
5. WESTERLY
99.05 FEET
101.94 FEET
(NORTH 83°25'00" WEST PER SAID
ROAD SURVEY) TO THE BEGINNING OF A
TANGENT 2,051.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE ALONG
THE ARC OF SAID CURVE
THROUGH..~A CENTRAL ANGLE OF
02°50'52'' TO A POINT OF REVERSE
CURVATURE WITH A 20.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY, A
RADIAL FROM SAID POINT BEARS NORTH
03°58'28" EAST; THENCE LEAVING
SAID RIGHT-OF-WAY AND ALONG THE
ARC OF SAID CURVE
Resolution No. 92-189
Page 5
L/788-STR.VAC, 4/3/91 (CH), LD/DC, PAGE 2
6. NORTHWESTERLY
7. NORTHWESTERLY
SOUTHEASTERLY
CONTAINS 0.224 ACRE MORE OR LESS.
28.75 FEET
124.64 FEET
310.79 FEET
THROUGH A CENTRAL ANGLE OF
82°21'40" TO A POINT OF REVERSE
CURVATUI~E WITH A 135. O0 FOOT RADI-
US CURVE CONCAVE SOUTHWESTERLY;
THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF
52°53'58" MORE OR LESS TO AN IN-
TERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY OF SAID OLD ESPOLA
ROAD, SAID INTERSECTION BEING A
POINT ON THE ARC OF A TANGENT
1,170.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL FROM SAID
POINT BEARS NORTH 33°26'10" EAST;
THENCE ALONG THE ARC OF SAID CURVE
AND RIGHT-OF-WAY
THROUGH A CENTRAL ANGLE OF
15° 13'11" TO THE TRUE POINT OF