Res 99-003RESOLUTION NO. 99-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF
A PORTION OF AN OPEN SPACE EASEMENT IN LOTS 2 AND 3
OF CITY OF POWAY TRACT NO. 89-01, MAP NO. 12975
(Vacation No. 98-05)
WHEREAS, the City Council of the City of Poway desires to summarily vacate an
open space easement in accordance with the procedures provided in Chapter 4,
Division 9 of the Streets and Highways Code of the State of California, commencing at
Section 8330; and
WHEREAS, an open space easement in Lots 2 and 3 of City of Poway Tract
No. 89-01, Map No. 12975, was dedicated to the City of Poway through the filing and
recordation of the map, Document No. 92-597993, on September 21, 1992; and,
WHEREAS, on May 6, 1994, Minor Development Review Application (MDRA)
94-15 was approved for the construction of a building addition on Lot 3 of Map
No. 12975 to accommodate an area for a building addition and a sewage leach field
expansion; and,
WHEREAS, the building addition and leach field expansion in Lot 3 have now
been completed.
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 9 of the Streets and Highways Code of the State of
California.
The City Council hereby finds that portion of the open space in Lots 2 and
3 of Map No. 12975, was superseded by relocation, and there are no
other public facilities located within the easement (8333c).
The City Council hereby declares that the open space easement in Lots 2
and 3 of City of Poway Tract No. 89-01, Map No. 12975, as described in
Exhibit "A" attached hereto and made a part hereof, is hereby vacated.
o
The City Clerk 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 8336 of the Streets and
Highways Code.
Resolution No. 99-003
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway, California, at a regular meeting this 5th day of January
ATTEST: ~
Lori~Anne Peoples, ~l~rk
Michael P. Cafag~
1999.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution Number 99-003, was duly adopted by
the City Council at a meeting of said City Council held on the 5th day of
January 1999, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lori ~Anne Peoples, City 61(e-rk -
City of Poway
Resolution No.. 99-003
Page 3
LEGAL DESCRIPTTON
Those portions of LOTS 2 and 3 of CITY OF POWAY TRACT NO. 89-01,
in the City of Poway, County of San Diego, State of California,
according to MAP thereof No. 12975, filed in 'the Office of tile
County Recorder of said San Diego County on September 21, 1992,
more particularly described as follows:
BEGINNING at the Northwest Corner of said Lot 2; thence southerly
along the westerly line of said LOT 2, 5outh oc~
2 ~,~'15" West a
d/stance of 417.36 feet to a point on the northerly line of that
land dedicated to the City of Poway for open space on said HAP
NO. 12975, said point being the TRUE POINT OF BEGINNING; thence
North 43°46'5B" East 7.90 feet; thence South 16°08'47" East 85.11
feet to .the begiqning of a tangent 85.00 foot -radius curve
conoave northeasterly; tlnence sou'th,erly and easterly along said
curve through a central angle of 33°16 '04" an arc distance of
49.35 feet; thence leaving said curve South 82o42'05" West 94.04
feet; thence South 27°03'57" West 37.81 feet; thence South
3c3°43'54" West 260.49 feet to an angle point i'n said northerly
line of said open space land; thence northerly along said
northerly line North 5°15'00" ~3est 128.00 feet to the beginning
o¢ a tangent 150.00 foot radius curve concave southeasterl, y;
thence cor, tinuin9 northerly and easterly along said curve through
a central angle of 75o15'00" an arc distance of 1~7.00 feet;
thence tangent to said curve and c®ntinuing along-said northerly
line North FO°O0'O0- East 94.38 feet; thence North 43046'58" East
67.15 feet to the TRUE POINT OF BEGINNING.
Open Space Vacation (Lots 2,3 - Map 12975)
Area = 39,284 S.F.
8-5-94
AE5 No. 1035
EXHIBIT "A"