Res 98-098RESOLUTION NO. 98-098
a RESOLUTION OF THE CITY COUNCIL Of
THE CITY OF POWAY, CALIFORNIA, ORDERING THE
VACATION OF WATER EASEMENTS LOCATED IN
LOTS 23, "A" AND "F", AND LOTS 26, 32, 33, 36, "D" AND "E"
OF MAP NO. 13435, RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 26, 1997
(Vacation No. 98-03)
WHEREAS, the City Council of the City of Poway desires to summarily vacate certain
water easements 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, water easements described by the attached documents were dedicated
as follows: (1) Legal description titled Exhibit "A" and plat entitled Exhibit "B" were
dedicated to the Poway Municipal Water District by an easement recorded April 8, 1976,
as File/Page 76-103016 in Official Records; and, (2) legal description titled Exhibit "C" and
plat entitled Exhibit "D" were dedicated to the Poway Municipal Water District by an
easement recorded January 17, 1961, as File/Page No. 8720, in Official Records.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
1. This summary 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 hereby finds that the herein described water easements are
unnecessary due to development of the area.
3. The City Council hereby declares that the following water easements are
vacated:
See attached legal descriptions titled Exhibit "A" and Exhibit "C", and plats
entitled Exhibit "B" and Exhibit "D".
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 County in accordance with the provisions of Section 8336 of the Streets
and Highways Code.
Resolution No. 98-098
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of
Poway, California, at a regular meeting this 20th day of October 1998.
Don Higginson, Mayor
ATTEST:
~,~'L. B~)wersox, Deputy City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, James L. Bowersox, Deputy City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 98-098 was duly adopted by
the City Council at a meeting of said City Council held on the 20th day of October, 1998,
and that it was so adopted by the following vote:
AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
J~e¥ L. Bowersox, Deputy City Clerk
C ity"g~f Poway
J-12567C
Resolution No. 98-098
Page 3
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT VACATION
That portion of a 20.00 foot Poway Municipal Water District Easement recorded April
8, 1976 as File/Page 76-103016 in Official Records in Lots 23, "A" and "F" of City
of Poway Tract 89-13R, Old Coach Golf Estates, Phase 1, Unit 2, in the City of
Poway, County of San Diego, State of California according to Map thereof No. 13435
recorded in the Office of the County Recorder of said San Diego County, the centerline
of said 20.00 foot easement being more particularly described as follows:
Beginning at the most Northeasterly terminus of that certain line shown and designated
as "North 55°41 '21" East 232.43 feet" on the Southeasterly line of said Lot "A", said
point being the beginning of a tangent 974.00 foot radius curve concave
Southeasterly; thence Northeasterly along said curve through a central angle of
02039'35'' an arc distance of 45.21 feet to the TRUE POINT OF BEGINNING; thence
leaving said Southeasterly line North 54007'19" West 138.03 feet to a point on the
arc of a non-tangent 612.00 foot radius curve concave Northwesterly, a radial line to
said point bears South 54°07'19'' East; thence Northeasterly along the arc of said
curve through a central angle of 06°26'55'' an arc distance of 68.88 feet to a point
of terminus on the Northeasterly line of said Lot "F".
The sidelines of said 20.00 easement to be extended to meet at angle points and to
terminate at said Southeasterly line of said Lot "A" and said Northeasterly line of said
Lot "F".
Robert G. Schoettmer L.S. 4324
jb/12567c.004
RESOLUTION NO. 98 - 098
PAGE 4
EXHIBIT"B·
2/
22
LOT J
2=t
N5
_ _'24'23"ERR)
N85 ........
TRUE POINT OF BEGINNING
A -2'59'35"
R.974' L.4521'
?Af~OEL 2
LEGEND
INDICATES CENTERLINE OF 2~
EASEMENT VACATED HEREON
RICK ENGINEERING COMPANY
CIVIL ENGINEERS. SURVEYORS. PLANNERS
5620 FRIARS ROAD, SAN DIEGO
CA. 92110-2596 PHONEI (619) 291-0707
PROJECT NUMBER~ 12726A
DATE, OCTOBER 20, 1998
WA TEA EASEMEYr VACA T/ON
OF POFYA Y MUNICIPAL WA TER D/STRICT
EASEMENT REC. ~ 7G AS F~ 7~ I ~01~ O.R.
O~R O~ COACH ESTA ~S PHASE l, UNIT2
~P NO. 1~
Resolution No. 98-098
Page 5
J-12567C
EXHIBIT "C"
LEGAL DESCRIPTION
WATER EASEMENT VACATION
Parcel "A"
That portion of Poway Municipal Water District Easement recorded January 17, 1961
as File/Page No. 8720 in Official Records in Lots 26, 32, 33, 34, 36, "D" and "E' of
City of Poway Tract No. 89-13R, Old Coach Golf Estates, Phase 1 Unit 2, in the City
of Poway, County of San Diego, State of California, according to Map thereof No.
13435 recorded in the Office of the County Recorder of said San Diego County, being
more particularly described as follows:
Beginning at the most Southeasterly corner of said Lot 36; thence along the Southerly
line of said lot North 88°45'57'' West 7.00 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Southerly line North 88°45'57'' West 40.00 feet; thence
leaving said Southerly line North 00°58'13'' East 228.81 feet to the beginning of a
tangent 570.00 foot radius curve concave Southeasterly; thence Northeasterly along
said curve through a central angle of 43056'29'' an arc distance of 437.15 feet;
thence non-tangent to said curve South 56°46'48'' East 103.54 feet to the beginning
of tangent 480.00 foot radius curve concave Northeasterly; thence Southeasterly
along said curve through a central angle of 31 °15'28" an arc distance of 261.86 feet
to the Easterly line of said Lot 34, being also the Westerly line of Butterfield Trail;
thence along said Easterly line South 13°13'20" East 41.33 feet to the beginning of
a non-tangent 520.00 foot radius curve concave Northeasterly to which a radial line
bears South 00o46' 10" West; thence Northwesterly along said curve through a central
angle of 32o27'02'' an arc distance of 294.51 feet; thence North 56o46'48'' West
69.96 feet to the beginning of a non-tangent 530.00 foot radius curve concave
Southeasterly, to which a radial line bears North 48°35'21'' West; thence
Southwesterly along said curve through a central angle of 40°26'26'' an arc distance
of 374.08 feet; thence South 00°58'13'' West 228.99 feet to the TRUE POINT OF
BEGINNING.
Containing 0.918 acres.
Robert G. Schoettmer L.S. 4324
jb/12567c.004
27
G1 TY OF
OVERLAND PASS
£XI-IIBIT
PODIA Y THA O T
LOT E
Resolution No. 98-098
Page 6
~2
?7,47'/O4/
N89'OI'47'!N(R)
EASEMENT REC.
1-17-61 AS F/P 8720 O.R.
UMI T 2
\ do
\
\
POINT OF BEGINNINO,
,. TRUE POINT OF
~ O~ N88'45'57'!4/
SUBDA/ISION
1505.00' \
\ /
V~/-40~ SOU/VT/-// O/_/J~' ~STJJ-/~S
IYlJl,~ /VO. ~6~3
RICK ENGINEERING COMPANY
CIVIL ENGINEERS, SURVEYORS' PLANNERS
5620 FRIARS ROAD, SAN DIEGO
CA. 92110-2596 PHONE-' (619) 291-0707
PROJECT NUMBERs 12726-A
DATE, AUGUST 18, 1998
WA TEN EASEMENT VACA T/ON OF
40' POI,YA Y MI. IN/C/PAL WA TER D/STRICT
EASEMENTREC. 1-17-61AS F/P B720 0.R.
OVER OLD COACH ESTATES PHASE 1, UNIT2
MAP NO. 13455