October 18, 2022, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 18, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services -/,(A,
Sara Trunzo, Associate Civil Engineer
(858) 668-4622/[email protected]
CITY COUNCIL
Summary Vacation of Portions of Certain Right-of-Way (VAC21-001) at the Westerly Terminus of Tenth Street (APN: 317-021-30)
Chinmaya Mission has requested the vacation of portions of certain existing right-of-way located at the westerly terminus of Tenth Street. City staff has confirmed this portion of right-of-way is not necessary and may be vacated.
Recommended Action:
It is recommended the City Council adopt the attached Resolution (Attachment A) ordering the summary vacation of a portion of public right-of-way (Tenth Street) and direct the City Clerk to cause certified copies of the Resolution to be recorded in the office of the Recorder of the County of San Diego.
Discussion:
The right-of-way for Tenth Street was dedicated and accepted by the County of San Diego through the recordation of Map No. 536 in May 1888. Tenth Street, located to the east of Pomerado Road, was never developed nor used by vehicular traffic as the residents in the area access their properties via the private road, Leona Lane, which is located directly south and outside of the dedicated right-of way. The westerly approximately 450 feet of Tenth Street is proposed to be vacated (Attachment B) at the request of Chinmaya Mission, the adjacent property owner on the north side of the right-of way, by submittal of documentation and payment of processing fee.
The parcel located directly south of the proposed vacation, 12203 Leona Lane, will retain access to their parcel via Leona Lane. After the vacation approval, Chinmaya will also dedicate an easement for access and utilities which will cover the parcel's existing driveway and fire truck turnaround which are currently within the Tenth Street right-of-way.
1 of7
October 18, 2022, Item #7
The parcel located to the west of the Tenth Street terminus is owned by the State of California and a 15-foot access easement for California Department of Fish and Wildlife (CDFW) has been reserved to preserve their access to the parcel. The easement location and width were coordinated with CDFW.
Due to the lack of development and use, Tenth Street is not needed for public right-of-way purposes and therefore can be vacated. The Resolution will vacate the unnecessary designated portion of right of-way which will become part of the Chinmaya property, immediately to the north.
Environmental Review:
The vacation of right-of-way is exempt from the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA Guidelines, in that it will not result in an impact on the environment.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
B. Location Map
Reviewed/Approved By:
Assistant City Manager
2 of7
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
October 18, 2022, Item #7
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION
OF A PORTION OF A PUBLIC STREET, TO WIT: TENTH
STREET, ALL IN CITY OF POWAY MAP NO. 536 (VACATION NO.
21-001)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of a public street in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8300; WHEREAS, said portion of Tenth Street was created and dedicated to the public through the recordation of County of San Diego Map No. 536 in May 1888; and WHEREAS, the area to be vacated is not necessarily needed for public street purposes as it was never developed nor used by vehicular traffic.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 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.
SECTION 2: The City Council hereby finds that said portion of Tenth Street has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (Section 8333(a)).
SECTION 3: The City Council hereby declares that the portion of Tenth Street as described in Exhibit A attached hereto as Exhibit 8, is hereby vacated.
SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California.
II
II
II
II
II
II
II
II
II
II
3 of7 ATTACHMENT A
October 18, 2022, Item #7
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of October, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of7
October 18, 2022, Item #7
EXHIBIT
'A"
LEGAL
DESCRIPTION
TENTH
STREET
VACATION
ALL
THAT
PORTION
OF
TENTH
STREET
IN
TRACT
'F'
OF
POWAY,
IN
THE
CITY
OF
POWAY,
COUNTY
OF
SAN
DIEGO,
ST
A TE
OF
CALIFORNIA,
ACCORDING
TO
MAP
THEREOF
NO.
536
FILED
IN
THE OFFICE
OF
THE COUNTY
RECORDER
OF
SAN
DIEGO
COUNTY,
MAY
7,
1888,
DESCRIBED
AS
FOLLOWS
:
BEGINNING
AT
SOUTHWEST
CORNER
OF
SAID
TENTH
STREET;
THENCE
ALONG
THE
WEST
LINE
OF
SAID
TENTH
STREET
NORTH
00°02'30"
EAST,
60.02 FEET
TO
THE
NORTHWEST
CORNER
OF
SAID
TENTH
STREET;
THENCE
ALONG
THE
NORTH
LINE
OF
SAID
TENTH
STREET
SOUTH
88°33'
15"
EAST,
451.21
FEET
TO
A
POINT
217.19
FEET
WESTERLY
MEASURING
AT
RIGHT
ANGLES
OF
THE
EASTERLY
LINE
OF
LOT
36 OF
SAID
TRACT
'F'
OF
POWAY;
THENCE
LEA
YING
SAID
NORTHERLY
LINE,
AND
PERPENDICULAR
TO
THE
SOUTH
LINE
OF
SAID
TENTH
STREET
SOUTH
01 °26'45"
WEST,
60 .00
FEET
TO
THE
SOUTH
LINE OF
SAID
TENTH
STREET;
THENCE
ALONG
SAID
SOUTH
LINE
NORTH
88°33'15"
WEST,
449.74
FEET
TO
THE
POINT
OF
BEGINNING.
CONTAINS
27,028.53
SQ.FT.,
MORE
OR
LESS
RESERVING
THEREFROM
AN
ACCESS
EASEMENT
FOR
THE
CALIFORNIA
DEPARTMENT
OF
FISH
AND
WILDLIFE
OVER
THE
SOUTHERLY
15 FEET
THEREOF.
PREPARED
BY:
06/27/2022
WILLIAM
YEN,
RcfE
33730
NOTE:
ALL
BEARINGS
AND
DISTANCES
ARE
BASED
ON
RECORD
DA
TA
OF
R.O.S
MAP
NO.
14422.
5 of
7 October 18, 2022, Item #7
EXHIBIT 'B'
10TH STREET VACATION
[1@'i]' ~@
~
SCALE: 1"=100'
WESTERLY LINE OF
THE EASTERLY
217.19 FEET OF,
LOT 36
LINE DATA
L 1: N01"26' 45"E 60.00'
L2: N00"02
1 30
11 E 60.02'
(§)
wv
[!(ii)
@1
~
~
\
\
O'l
.-
" .-
N
I{)
I")
I")
00 PORTION OF TENTH -'-co
STREET VACATED \
2 ' .......
I-w w
0:::
I-
(f)
I
I-
0 ~
ALL BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA
R.O.S. MAP 14422
L2
1 WEST 1 / 4 CORNER J
SECTION 14
6 of7
-go·
~~
~ v=: §)
<v='@ ®
~~~
'q'"
~®@!]
"
□~~
O'l ~ ~ [OSI
'q'" © <v=' ® 'q'"
@1 ~ ~
I{) ®~
.-
15' ACCESS EASEMENT
RESERVED FOR
CALIFORNIA DEPT. OF
FISH & WILDLIFE ~-
rP.O.B.
WO2110
October 18, 2022, Item #7
7 of7
Tenth Street Vacation -Location Map
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisa/, survey, or for zoning verification.
ATTACHMENT B
Map Scale
1 inch = 282 feet
10/5/2022