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Res 95-015RESOLUTION NO. 95-015 RESOLUTION FINDING AND DETERMINING THE NECESSITY THAT CERTAIN REAL PROPERTY BE ACQUIRED BY THE CITY OF POWAY UNDER EMINENT DOMAIN PROCEEDINGS; DIRECTING THE CITY ATTORNEY TO COMMENCE A COURT ACTION FOR SAID PURPOSE; SCRIPPS POWAY PARKWAY IMPROVEMENTS. (Pallas Sprague -- APN 323-100-05 -- Partial Taking) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AS FOLLOWS: SECTION 1: That the City of Poway is authorized to acquire property by eminent domain proceedings, pursuant to Section 37350.5 of the Government Code. SECTION 2: That the public use for which the hereinafter described property is to be taken is a public roadway, together with all appurtenances to render said improvement complete and workable, such as permanent slope, drainage and utility easements, for the improvements associated with the easterly extension of Scripps Poway Parkway to State Route 67, in the City of Poway. SECTION 3: That the general location and extent of the property to be taken by eminent domain proceedings is set forth in a description of said property attached hereto as Exhibit "A" and is incorporated herein by this reference. SECTION 4: That the interests to be taken in said property are a right-of-way and easements in perpetuity for a public roadway and slope, drainage and utility purposes, as well as temporary easement for construction purposes; SECTION 5: That the City Council of the city of Poway hereby finds, determines and declares that : (a) The public interest and necessity require the Project, as the Scripps Poway Parkway is necessary for the orderly and improved flow of traffic; (b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, as the location of the roadway follows topographical lines that reduce costs, grading, and other adverse impacts to private property; (c) The property described in this Resolution is necessary for the Project in order to provide right-of-way, slope/drainage/utility easements and mitigation habitat associated with the Project, which will traverse the property; and (d) The offer required by Section 7267.2 of the Government Resolution No. 95-015 Page 2 Code has been made to the property owner(s) of record. SECTION 6: That in accordance with Code of Civil Procedure Section 1245.235, each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized County assessment roll has been given notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 5 above. SECTION 7: That the City Attorney of the City of Poway be and is hereby authorized and directed to commence an action in the Superior Court of the State of California in and for the County of San Diego in the name of and on behalf of the City of Poway against all owners and claimants of the above-described property for the purpose of condemning and acquiring said interest therein for the use of by the city of Poway. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 14th day of March, 1995. DON HIGGINSON, MA~ ATTEST: MARJORI~ K. WAHLSTEN, CITY CLERK Resolution No. 95- 015 Page 3 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. 95- 015 was duly adopted by the City Council at a meeting of said City Council hel~ the 14th day of March , 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY Marjorle~K. Wahlsten, City Clerk City o~p~way Resolution No. 95-015 Page 4 EXHIBIT "A" FEE ACQUISITION - SCRIPPS POWAY PARKWAY A STRIP OF LAND OF VARYING WIDTH LYING WITHIN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP OF LAND OF VARYING WIDTH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 00°15'03" WEST ALONG THE EAST LINE OF SAID SECTION 20, A DISTANCE OF 269.84 FEET, TO A POINT ON A NON-TANGENT 3,000.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 09°06'08" EAST; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 148.47 FEET THROUGH A CENTRAL ANGLE OF 02°50'08"; THENCE SOUTH 83°44'00" WEST, A DISTANCE OF 360.00 FEET TO THE BEGINNING OF A TANGENT 3,000.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY AND SOUTHEASTERLY; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 1,315.11 FEET THROUGH A CENTRAL ANGLE OF 25°07'00"; THENCE TANGENT TO SAID CURVE SOUTH 58037'00" WEST, A DISTANCE OF 945.00 FEET TO THE BEGINNING OF A TANGENT 3,000.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 91.33 FEET THROUGH A CENTRAL ANGLE OF 01°44'40'' TO A POINT IN THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20, SAID POINT BEING THE POINT OF BEGINNING OF THE CENTERLINE OF A STRIP OF LAND 124.00 FEET WIDE, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT 'A'; THENCE CONTINUING SOUTHWESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE A DISTANCE OF 260.92 FEET THROUGH A CENTRAL ANGLE OF 04058'59'' TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE CONTINUING SOUTHWESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE A DISTANCE OF 250.00 FEET THROUGH A CENTRAL ANGLE OF 04°46'29" TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE CONTINUING SOUTHWESTERLY AND WESTERLY ALONG SAID 3,000-FOOT RADIUS CURVE A DISTANCE OF 612.35 FEET THROUGH A CENTRAL ANGLE OF 11°41'42" TO THE TERMINUS OF THE CENTERLINE OF SAID 124-FOOT WIDE STRIP OF LAND AND TO THE BEGINNING OF A STRIP OF LAND OF CONSTANT VARYING WIDTH FROM 124.00 FEET TO 107.00 FEET, THE CENTERLINE OF SAID STRIP OF LAND OF CONSTANT VARYING WIDTH IS DESCRIBED AS FOLLOWS; THENCE SOUTH 81048'50" WEST, A DISTANCE OF 187.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D' AND THE TERMINUS OF THE CENTERLINE OF SAID STRIP OF LAND OF CONSTANT VARYING WIDTH AND TO THE BEGINNING OF A STRIP OF LAND 107.00 FEET IN WIDTH, THE CENTERLINE OF SAID 107-FOOT WIDE STRIP OF LAND IS DESCRIBED AS FOLLOWS; THENCE CONTINUING, SOUTH 81048'50" WEST, A DISTANCE OF 680.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'E'; THENCE CONTINUING SOUTH 81048'50'' WEST, A DISTANCE OF 506.01 FEET TO THE BEGINNING OF A TANGENT 2,000.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 55.69 FEET THROUGH A CENTRAL ANGLE OF 01035'43" TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; THENCE CONTINUING WESTERLY ALONG SAID 2,000-FOOT RADIUS CURVE A DISTANCE OF 123.27 FEET THROUGH A CENTRAL ANGLE OF 03031 '53" TO A POINT IN THE WEST LINE OF SAID SECTION 20, SAID POINT BEING THE TERMINUS OF SAID 107-FOOT WIDE STRIP OF LAND. PAGE 1 OF 7 Resolution No. 95-015 Page 5 THE SIDELINES OF SAID 124-FOOT WIDE STRIP OF LAND TO BE SHORTENED OF LENGTHENED SO AS TO TERMINATE NORTHERLY IN THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH LINE OF THE SOUTHVv'EST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20 AND THE SIDELINES OF SAID 107-FOOT WIDE STRIP OF LAND TO TERMINATE WESTERLY IN THE WEST LINE OF SAID SECTION 20. CONTAINING 7.05 ACRES, MORE OR LESS. SLOPE EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'A'; THENCE SOUTH 89020'54'' EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 119.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89o20'54" EAST, A DISTANCE OF 74.57 FEET; THENCE SOUTH 38°53'18" WEST, A DISTANCE OF 166.49 FEET; THENCE SOUTH 60036'25" WEST, A DISTANCE OF 70.90 FEET; THENCE SOUTH 83o28'28" WEST, A DISTANCE OF 209.48 FEET; THENCE SOUTH 63°41 '50" WEST, A DISTANCE OF 244.71 FEET; THENCE SOUTH 70°54'02'' WEST, A DISTANCE OF 468.21 FEET; THENCE SOUTH 75°48'00'' WEST, A DISTANCE OF 309.37 FEET; THENCE SOUTH 78°01 '35" WEST, A DISTANCE OF 386.32 FEET; THENCE SOUTH 59°39'06'' WEST, A DISTANCE OF 279.35 FEET; THENCE NORTH 83° 18'13" WEST, A DISTANCE OF 152.06 FEET; THENCE NORTH 30° 14'54" WEST, A DISTANCE OF 167.49 FEET; THENCE SOUTH 75038'37" WEST~ A DISTANCE OF 374.73 FEET; THENCE SOUTH 49057, 16" WEST, A DISTANCE OF 110.21 FEET; THENCE NORTH 75015'06" WEST, A DISTANCE OF 157.22 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 20; THENCE NORTH 01°56'29'' EAST ALONG SAID WEST LINE, A DISTANCE OF 53.88 FEET TO A POINT ON A NON-TANGENT 1,936.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 13049'32'' EAST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 190.06 FEET THROUGH A CENTRAL ANGLE OF 05°38'22"; THENCE TANGENT TO SAID CURVE NORTH 81 °48'50" EAST, A DISTANCE OF 1,186.01 FEET; THENCE NORTH 08°11'10" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 84°24'27'' EAST, A DISTANCE OF 187.84 FEET TO THE BEGINNING OF A NON-TANGENT 3,062.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 08° 11'10" EAST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 1,239.71 FEET THROUGH A CENTRAL ANGLE OF 23°11 '50"; THENCE TANGENT TO SAID CURVE NORTH 58°37'00'' EAST, A DISTANCE OF 9.99 FEET TO THE POINT OF BEGINNING. CONTAINING 5.43 ACRES, MORE OR LESS. ~; SLOPE EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ' ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 2 OF 7 Resolution No. 95-015 Page 6 COMMENCING AT THE AFOREMENTIONED POINT 'A', THENCE NORTH 89°20'54'' WEST ALONG THE NORTH LINE OF TH~ SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 26.08 FEET; THENCE NORTH 88004'55'' WEST ALONG TH~ NORTH LINE OF THE SOUTI-IEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 96.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 88°04'55'' WEST, A DISTANCE OF 630.45 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 51°58'46'' WEST, A DISTANCE OF 179.72 FEET; THENCE SOUTH 68° 11 '32" WEST, A DISTANCE OF 122.19 FEET; THENCE SOUTH 80°28' 1 i" WEST, A DISTANCE OF 308.43 FEET; THENCE NORTH 90o00'00'' WEST, A DISTANCE OF 343.17 FEET; THENCE SOUTH 55o09'33'' WEST, A DISTANCE OF 336.09 FEET; THENCE NORTH 26033'26'' WEST, A DISTANCE OF 169.80 FEET; THENCE NORTH 72°47' 16" WEST, A DISTANCE OF 456.24 FEET; THENCE NORTH 51 °58' 17" WEST, A DISTANCE OF 162.99 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 20; THENCE SOUTH 01°56'29'' WEST ALONG SAID WEST LINE, A DISTANCE OF 538.29 FEET TO A POINT ON A NON-TANGENT 2,063.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID CURVE BEARS NORTH 12°49'57'' WEST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 167.33 FEET THROUGH A CENTRAL ANGLE OF 04°38'47"; THENCE TANGENT TO SAID CURVE NORTH 81°48'50'' EAST, A DISTANCE OF 1,186.01 FEET; THENCE SOUTH 08°11110" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 79o13' 13" EAST, A DISTANCE OF 187.84 FEET TO A POINT ON A NON-TANGENT 2,938.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 08°11'10" EAST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 994.92 FEET THROUGH A CENTRAL ANGLE OF 19°24'09'' TO THE POINT OF BEGINNING. CONTAINING 11.42 ACRES, MORE OR LESS. DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE soLrrHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNAR. D. INO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORIN'IA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'F'; THENCE NORTH 09°17'31" WEST, A DISTANCE OF 53.50 TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING NORTH 09° 17'31" WEST, A DISTANCE OF 460.96 FEET; THENCE NORTH 13°34'51" WEST, A DISTANCE OF 73.36 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND SO AS TO TERMINATE NORTHERLY IN THE WEST LINE OF SAID SECTION 20. CONTAINING 0.25 ACRES, MORE OR LESS. DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOU~ST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 3 OF 7 Resolution No. 95-015 Page 7 COMMENCING AT THE AFOREMENTIONED POINT 'F'; THENCE SOUTH 09°!7'31" EAST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING SOUTH 09°17'31" EAST, A DISTANCE OF 131.12 FEET TO THE TERIVlINUS OF SAiD CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF THE AFORESAID PARCEL 22-1. CONTAINING 0.06 ACRES, MORE OR LESS. ~; DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'E'; THENCE NORTH 08°I 1' 10" WEST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE coNTINUING NORTH 08° I 1' 10" WEST, A DISTANCE OF 58.66 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE LENGTHENED SO AS TO TERMINATE NORTHERLY IN THE NORTH LINE OF THE AFORESAID PARCEL 22-2. CONTAINING 0.03 ACRES, MORE OR LESS. DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERI~INE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'D'; THENCE SOUTH 08°11' 10" WEST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING SOUTH 08°11'10" WEST, A DISTANCE OF 103.83 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF THE AFORESAID PARCEL 22-1. CONTAINING 0.05 ACRES, MORE OR LESS. PAGE 4 OF 7 Resolution No. 95-015 Page 8 DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY A STRIP OF LAND 20.00 FEET IN V~IDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHXVEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'C'; THENCE NORTH 19052'52" WEST, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING NORTH 19052'52'' WEST, A DISTANCE OF 184.14 FEET TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID 20-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20. CONTAINING 0.08 ACRES, MORE OR LESS. DRAINAGE EASEMENT - SCRIPPS POWAY PARKWAY. A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20-FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'B'; THENCE SOUTH 24°39'21'' EAST, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE CONTINUING SOUTH 24°39'21'' EAST, A DISTANCE OF 88.00 FEET TO THE TERMINUS OF SAID CENTERLINE. CONTAINING 0.04 ACRES, MORE OR LESS. EASEMENT FOR PUBLIC UTILITIES - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'D'; THENCE SOUTH 08°1 I' 10" EAST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 08°11' 10" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 81048'50" WEST, A DISTANCE OF 1,186.01 FEET TO THE BEGINNING OF A TANGENT 1,936.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 190.61 FEET THROUGH A CENTRAL ANGLE OF 05°38'22'' TO THE WEST LINE OF SAID SECTION 20; THENCE NORTH 01056'29" EAST, A DISTANCE OF 10.39 FEET TO A POINT ON A NON-TANGENT 1,946.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 13°44'33'' WEST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 188.77 FEET THROUGH A CENTRAL ANGLE OF 05033'23"; THENCE TANGENT TO SAID CURVE NORTH 81048'50" EAST, A DISTANCE OF 1,186.01 FEET TO THE POINT OF BEGINNING. PAGE 5 OF 7 Resolution No. 95-015 Page 9 CONTAINING 0.32 ACRES, MORE OR LESS. P_~; EASEMENT FOR PUBLIC UTILITIES - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BEKNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'D'; THENCE NORTH 08°I 1' 10" WEST, A DISTANCE OF 53.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 08°I 1'10" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 81048'$0" WEST, A DISTANCE OF 1,186.01 FEET TO THE BEGINNING OF A TANGENT 2,063.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 167.34 FEET THROUGH A CENTRAL ANGLE OF 04038'47'' TO THE WEST LINE OF SAID SECTION 20; THENCE SOUTH 01°56'29" WEST ALONG SAID WEST LINE, A DISTANCE OF 10.34 FEET TO A POINT ON A NON-TANGENT 2,053.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 12054'22" WEST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 169.16 FEET THROUGH A CENTRAL ANGLE OF 04043' 12"; THENCE TANGENT TO SAID CURVE NORTH 81048'50'' EAST, A DISTANCE OF 1,186.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.31 ACRES, MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT - SCRIPPS POWAY PARKWAY A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'E'; THENCE NORTH 08° 1 I' 10" WEST, A DISTANCE OF 112.16 FEET TO THE POINT OF BEGINNING; THENCE NORTH 26033'26'' WEST, A DISTANCE OF 169.80 FEET; THENCE NORTH 72047' 16" WEST, A DISTANCE OF 456.24 FEET; THENCE NORTH 5 ! °58' 17" WEST, A DISTANCE OF 162.99 FEET TO THE WEST LINE OF SAID SECTION 20; THENCE NORTH 01056'29" EAST ALONG SAID WEST LINE, A DISTANCE OF 61.87 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 51 °58'17" EAST, A DISTANCE OF 190.25 FEET; THENCE SOUTH 72047, 16" EAST, A DISTANCE OF 571.19 FEET; THENCE SOUTH 08°11'I0" EAST, A DISTANCE OF 112.89 FEET; THENCE SOUTH 55009'33'' WEST, A DISTANCE OF 89.58 FEET TO THE POINT OF BEGINNING. CONTAINING 1.14 ACRES, MORE OR LESS. IT IS UNDERSTOOD THAT SAID EASEMENT IS TEMPORARY AND SHALL TERMINATE UPON COMPLETION OF CONSTRUCTION OF THAT PORTION OF SCRIPPS POWAY PARKWAY LYING ADJACENT TO THE ABOVE DESCRIBED PARCEL. IT IS ALSO UNDERSTOOD THAT UPON SAID TERMINATION DATE THE CITY OF POWAY SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SAID PARCEL. PAGE 6 OF 7 Resolution No. 95-015 Page 10 THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCI~ION AKE BASED ON THE CALIFOKNIA STATE PLANE COORDINATE SYSTEM OF 1983 (NAD83), ZONE 6. BEARINGS ARE BASED ON A LINE BETWEEN THE NATIONAL GEODETIC SURVEY MARKS "SAN DIEGO GPS 18" AND "SAN DIEGO GPS32", I.E.: NORTH 01° 20' 33".3 WEST. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00006351 TO OBTAIN GROUND LEVEL DISTANCES. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE:~~,,,.~ SD-P75-202-02/LDPOW22.DOC/erm/RSP/011195 PAGE 7 OF 7 I .E ~?s'~" SCALE: 1" =200' APN 323-100-01 N88'O4'§5"W 2544.26' Resolution No. 95-015 Page ii NO. BEARING LENGTH LI N§1'58'17"w 190.25' L2 N08'l I'IO"W 112.89' L3 N26'35'26"W 169.80' L4 $55'09'55"W 89.58' L5 N01'56'29"E 61.87' L6 N51'58'17"W 162.99' L7 $75' 15'06" E 157.22' L8 N49'57'16"E 110.21' // / / 1272.13' NO. DELTA RADIUS LENGTH Cl 04'43'12" 2053.50' t69.16' C2 05'55'25" 1946.50' 188.77' C3 0.3'31 '53" 2000.00' 123.27' C4 05'07'36" 2000.00' 178.95' S9EO0'00" E SW 1/4 OF N~ 1/4 OF SEC'lrI@N 20 T 114S, I~ 1W S.IB.M. o 1'13"W 7.05 AC FEE ACQUISITION ~----'~ 16.8.5 AC SLOPE EASEMENT 0.51 AC(0.47.) DRAINAGE EASEMENT ~&:~------~&~&~'~&~& TEMP CONST ESMT ~ , I 0.63 AC PUBLIC UTILITY ESMT~& ~ ssg'oo'orE 12Sl.75' BOYLE EnoInEEFIIno COFIPOFIFITIOn 7808 Convoy Court Suite 200 Son Diego, Colifornio 92111 Telephone 619/268-8080 CITY OF POWAY EXHIBIT "B" ITAX PAR. NO. 525-100-05 NO. OELTA RADIUS LENGTH C1 04'43'12" 2053.50' 169.16' C2 05'33'23" 1946.50' 168.77' C5 0.3"51 '53" 2000.00' 12,3.27' C4 05'07'56" 2000.00' 17,8.95' C5 11'41'42" ,3000.00' 612.55' C6 04'46'29" 3000.00' 250.00' Page 12 o~1 / CL 2' EASEMENT TO -- $OG,~E\F'OR AERIAL UTILLmES RECORDED APRIL 15 1963 AS FILE NO. 64030 'OF O.R. / NO. BEARING LENGTH L1 N60'36'25" E 70.90' L2 S89'20'§4" E 74.57' L3 S58'57'00"W 9.99' L4 N88'O4'5§"W 96.95' BOYLE EnOlnEEFIInt~ COFII'~OFIFI TIOI'I 7808 Convoy Court Suite 200 Son Diego, Colifornia' 92111 Telephone 619/268-8080 CITY OF POWAY EXHIBIT "B" JTAX PAR. NO. 325-100-05 F'F