Res 93-107Resolution No. 93-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC
RIGHT-OF-WAY LOCATED WITHIN PARCEL 3 OF PARCEL MAP 5755
(Vacation 93-05)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate a certain public right-of-way 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;
WHEREAS, a public right-of-way easement within the attached legal
description and plat titled "Exhibit A" was dedicated to the County of San
Diego per document F/P 176555 recorded September 25, 1969;
WHEREAS, the City of Poway became the successor in interest for said
public right-of-way easement upon its incorporation on December 1, 1980; and
WHEREAS, Stone Canyon Road as constructed does not completely align with
the street right-of-way within Parcel 3 of Parcel Map 5755 making portions of
said street right-of-way excessive and unnecessary.
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 g of the Streets and Highways Code of the State of
California.
The City Council hereby finds that the herein described street
right-of-way is unnecessary due to a difference between the actual
alignment of Stone Canyon Road and the planned alignment.
4. The City Council hereby declares that the following described
street right-of-way easement is vacated:
See attached legal description titled "Exhibit A"
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 County Recorder of San Diego 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 27th day of July, 1993.
ATTEST:
Don Higginson, Mayo~W..]
Marjor)el(. Wahlsten, City Clerk
Resolution No. 93-107
Page 2
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. 93-107 was
duly adopted by the City Council at a meeting of said City Council held on the
27th day of July, 1993 and that it was so adopted by the following vote:
AYES: CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, EMERY
Marjorle )~. Wahlsten, City Clerk
City off, way
EXHIBIT A
Resolution No. 93-107
Page 3
DESCRIPTION OF STREET VACATION
ALL THAT PORTION OF PARCEL 3 ACCORDING TO PARCEL HAP NO. 5755,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 31, 1977 LOCATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE CON-
TINUING ALONG THE WESTERLY LINE OF SAID LAND NORTH 00° 31' 49"
EAST (RECORD NORTH O0° 41' 57" EAST) A DISTANCE OF 18.79 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE NORTH O0° 31' 49" EAST A DIS-
TANCE OF 11.21 FEET; THENCE LEAVING SAID LINE SOUTH 89° 12' 15"
EAST A DISTANCE OF 53.79 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "A"; THENCE SOUTH 79° 00' 49" WEST A DISTANCE OF 54.90
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2
BEGINNING AT POINT "A" DESCRIBED HEREIN; THENCE NORTH 79° 00' 49"
EAST A DISTANCE OF 183,51 FEET TO THE TRUE POINT OF BEGINNING,
SAID POINT BEING LOCATED ON THE ARC OF A 271.72 FOOT RADIUS CURVE
CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 29° 39'
04" EAST;
THENCE CONTINUING IN AN EASTERLY DIRECTION ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF O0° 37' 33" AN ARC LENGTH OF
2.97 FEET; THENCE NORTH 59° 43' 23" EAST A DISTANCE OF 127.59
FEET TO THE BEGINNING OF A 129.98 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE CONTINUING IN AN EASTERLY DIRECTION ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 41' 07" AN
ARC LENGTH OF 15.17 FEET TO AN INTERSECTION WITH THE EAST LINE OF
SAID PARCEL 3, A RADIAL TO SAID POINT BEARS NORTH 23° 35' 30"
WEST;
THENCE CONTINUING ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID
PARCEL 3, SOUTH 02° 48' 57" EAST A DISTANCE OF 32.81 FEET TO THE
SOUTHEAST CORNER THEREIN; THENCE SOUTH 59° 43' 23" WEST A DIS-
TANCE OF 44.80 FEET; THENCE LEAVING SAID LINE, SOUTH 79° 00' 49"
WEST A DISTANCE OF 90.86 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINING IN ALL 3,159.92 SQUARE FEET OF LAND MORE OR LESS.
ALL AS SHOWN ON EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF.
0:\d\9210301
Resolution No. 93-107
EXHIBIT A Page 4
STREET VACATION
I
~,_
__.._ PORTION OF STONE CANYON ROAD '-,'-'
~ PARCEL
TRUE POINT OF
BEGINNING PARCEL
s~ PARCEL ~ ~
I POINT "A"
,,~~,,,,~o,_~ .,I
BEGINNING PARCEL I NOO~' IT"E I 1.21'
~ OLD ~ PROPOSED BUT
NEVE~ CONSTRUCTEO (~)
Lz 15. 24
THIS PLAT WAS PRERed~ED UNDER
MY DIRECT. SUPERVISION.
LEGEND
INDICATES STREET VACATION
AREA = 5162.45 SQ. FT, 0.075 A.C.
APN 275 - 241-04
~ ~. PALL4114ARY -IS 4830
. PER SEPARATE INSTRUMENT
( ) RECORD PER PM 5755
PRECISION SURVEY 8
1094 CUOAHY PLACE
SUITE 222
SAN DIEGO, CA 92110
(619) 275-4033
MAPPING
NO.