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Item 22 - Acceptance of Land Conveyance GENDA REPORT CITY OF POWAY This report is included on the Consent Calendar. ~ere will be no separate discussion of We report prior to approval by the City Council unless ~ers of the Council, staff or p~lic request it to ~ re~ved from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the re~rt number and give it to the City Clerk prior to the ~ginning of the City Cocci1 ~eting. TO~ Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~ INITIATED BY: Alan D. Archibald, Director of ~ublic Services S. T. Basuil, Associate Civil Engineer~ DATE: December 16, 1986 SUBJECT: Acceptance of Land Conveyance of a Portion of Section 2, Township 14 South, Range 2 West, San Bernardino Meridian from Standard Pacific of San Diego, a California Corporation to the City of Poway · ABSTRACT The land conveyance from Standard Pacific of San Diego to the City of Poway is to facilitate the property transfer to the developers and/or owners of Tentative Parcel Map No. 86-03. Such a property transfer is necessary to comply with certain requirements of said Tentative Parcel Map. The City Engineer recommends acceptance of the land conveyance. BACKGROUND Subject property is located south of Twin Peaks Road and east of Pomerado Road (Attachment 1). Said Tentative Parcel Map No. 86-03, known as Twin Peaks Plaza was approved by the City Council Resolution No. P86-32 (Attachment 2) on May 20, 1986. Certain requirements such as right-of-way dedication and improvement of State Route 56 are imposed as conditions of approval of said tentative parcel map. Since the development of Twin Peaks Plaza encompasses an area not totally owned at the present time by the developers and/or owners of said Tentative Parcel Map No. 86-03, the immediate acquisition by the City and the eventual transfer to said owners and developers for the required right-of-way dedication and substantial conformance of the approved tentative map is necessary. ACTION: Agenda Report Page 2 December 5, 1986 FINDINGS The property to be conveyed as described in that Grant Deed (Attachment 3) by Standard Pacific of San Diego, a california corporation to the City of Poway will become a part of the Twin Peaks Plaza development. It will be used for right-of-way dedication of State Route 56 and the remaining portion of the land conveyed will be a part of the on-site development. This conveyance is necessary for the substantial conformance of the approved Tentative Parcel Map No. 86-03. RECOMMENDATIONSi 1. Adopt the resolution (Attachment 4) accepting the land conveyance of a portion of Section 2, Township 14 South, Range 2 West, San Bernardino Meridian from Standard Pacific of San Diego and the City of Poway. 2. Accept the land conveyance and direct the recordation of the grant deed (Attachment 3) in the office of the recorder of San Diego County. JLB:ADA:STB:ghr Attachments: 1. Vicinity Map 2. Resolution No. P86-32 3. Grant Deed 4. Resolution Accepting Land Conveyance 2 of 23 ~[0 16 1986 ITE. IVt ...~. ~; (r~v/N ?a4~ ?L~Z~) VICINITY MAP CITY OF POWAY ~TEM.' SCALE = ~N~ ATTACHMENT: Z 3 of 23 ITE~ 2~ RESOLUTION NO. P-86-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 86-03 WHEREAS, Tentative Parcel Map No. 86-03, hereinafter "Map" Sub- mitted by R & R Partners - Poway, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as a portion of Section 2 township 14 south, range 2 west, San Bernardino Meridian in %he City of Poway, County of San Diego, State of California into ten (10) lots, regularly came before the City Council for public hearing and action on May 20, 1986; and WHEREAS, the Director of Planning Services has recommended APPROVAL of the Map subject to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council of the City of Poway does resolve as follows: Section 1: Findings: The City Council makes the following findings in regard to Tentative Parcel No. 86-03 and the Map thereof: a. The tentative parcel is consistent with all applicable general and specific plans, in that. the general plan designates the site for commercial development; b. The design or improvement of the tentative parcel is con- sistent will all applicable general and'specific plans, in that all propsed parcels are designated for commercial use and are greater than the minimum lot size for such development; c. The site is physically suitable for the type of development proposed, in that improvements required to be constructed will provide a site physically prepared for commercial development; d. The site is physically suitable for the density of the development proposed, in that the improvements required to be constructed enable the site to accommodate the inten- sity of the proposed commercial development; ATTACHMENT 2 4 of 23 DEC 1~ 7~8~ ~T'~ 2~ Resolution No. P-86-32 Page 2 '~. e. The design of the subdivision is not likely to cause substantial enviromental damage and avoidable injury to humans and wildlife or their habitat, in that improvements required to be constructed will adequately mitigate and reduce to a level of insignificance all potentialy signi- ficant environmental impacts. f. The tentative parcel is not likely to cause serious public health problems, in that the improvements required to be constructed will prevent any such problems. g. The design of the tentative parcel will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision, in that all such easements will be vacated and alternative easements will be dedicated. h. That this project will not create adverse impacts on the environment and a Negative Declaration is issued, in that the improvements required to be constructed will ade- quately mitigate and reduce to a level of insignificance all potentially significant environmental impacts. ~ection 2: ~'~'~ Tentative Parcel Map No. 86-03, a copy of which is on file in the Planning Services office, is hereby approved subject to all of the following conditions: STREET IMPROVEMENTS 1. Pomerado Road and 'TWin Peaks Road shall be improved to the satisfaction of the City Engineer. Improvement shall include, but not be limited to, street widening, construction of medians, curb, gutter, and sidewalks. 2. Route 56 from Pomerado Road to Twin Peaks Road southeasterly of the development shall be designed and constructed to the satisfaction of the City Engineer and CALTRANS. It shall be designed to accommodate two (2) vehicle lanes and a bicycle lane for the northeasterly bound traffic with a right turn lane to Twin Peaks Road; and three (3) vehicle lanes and one bicyle lane for southwesterly bound-traffic with a storage lane pocket for left turn traffic to Pomerado Road. Provide PCC sidewalks, curbs, gutter, a median island, and a 10 ~oot riding and hiking f trail on the southeast side. No acceleration lane ~_~ from the development to Route 56 shall be provided. 5 of 23 DE0 16'1986 ITEM 22 Resolution No. P-86-32 Page 3 3. The southerly lane on Twin Peaks Road on the eastbound traffic shall be designated "RIGHT TURN ONLY" lane. No acceleration lane on Twin Peaks Road for outgoing traffic from the development shall be provided. 4. Design 6f all median island pockets shall be based upon storage requirements. A traffic study will be necessary to determine volumes, distribution, and storage requirements. 5. Meandering sidewalks shall be five (5) feet wide and shall be located within fifteen (15) feet from the face of curb. No trees shall be planted between curbs and sidewalks, except where the distance is ~reater that seven (7) feet. 6. Provide a right turn lane to Route 56 on the northbound traffic of Pomerado Road. 7. Twin Peaks Road shall be reconstructed as necessary to accommodate Route 56 intersection. Caltrans requires that the maximum crossfall at intersection be 4%. To meet this Caltrans requirement it may be necessary to adjust the proposed alignment of SR 56 to the south and east. If required, said adjustment shall be deemed to be in substantial conformance to the tentative map and site plan if the intersection is relocated no more than 300 feet east of its pro- posed location and that no more than four acres of additional land area and no more than the originally proposed ten parcels are created within the project site. WATER 1. Prior to issuance of building permits, the developer shall install a water and fire protection system through the site. The actual size, location and details of the system shall be subject to the appro- val of the City Engineer and Safety Services Department, and shall be based upon an engineering study of the existing water facilities and the fire supply demands of the propsed development. The new. system shall include installation of fire hydrants at all locations designated by the City Fire Marshall. A water easement, a minimun of twenty (20) feet in width, shall be dedicated to the City either on.the map or by a separate instrument, it shall be made prior to issuance of a building permit. Resolution No. P-86-32 Page 4 DRAINAGE 1. A detailed hydraulic/hydrology analysis to determine the run-off to be produced by the development and its effect on existing drainage devices shall be sub- mitted to the City. Should the amount of run-off produced by said development result in an amount that exceeds the capacity of existing drainage devices, construction of additional drainage devices will be necessary to mitigate the effect. Such devices shall be per City Engineer's approval. 2. The existing double 96" pipe shall be extended southerly to a point south of the development. An easement for storm drain line and appurtenances shall be dedicated to the City either on the map or by a separate instrument. Dedication by separate instru- ment shall be made prior to building permit issuance. 3. Parcel 2 and Parcel 3 of that drainage easement granted to the San Diego Flood Control District as F/P No. 81-157211, recorded May 20, 1981 shall be vacated prior to map recordation. The existing ten (10) foot drainage easement in lot 5 of Map No. 10258 shall also be vacated prior to map recordation. EQUESTRIAN AND PEDESTRIAN EASEMENT 1. Prior to final map approval, the existing 5.00-foot equestrian easement on the southerly side of Twin Peaks Road as dedicated to the County of San Diego on Map No. 10258 shall.be vacated. MISCELLANEOUS 1. Prior to final map approval, Woodset Lane of Map No. 10258 shall be vacated. 2. Prior to final Map approval, the abutters' rights of access appurtenant to lots 1 and 10 of Map No. 10258, in and to Twin Peaks Road shall be vacated. 3. Right-of-way dedication for Route 56 and any addi- tional rights-of-way if any for the widening and improvements of Twin Peaks Road and Pomerado Road shall be dedicated on the map. 4. Maintain a 15 foot setback minimum from curb to right-of-way line. Resolution No. P-86-32 !i~,i Page 5 5. Driveways into the development from Pomerado Road, Twin Peaks Road, and Route 56 shall have a minimum throat of 80 feet before any driveway isle opening. A deviation from this requirement shall be per City Engineers approval. A second driveway on Twin Peaks may be allowed if approved by the City Engineer. 6. Construction of the westerly driveway on Twin Peaks road shall occur only if Lots 234 and 235 of Map No. 8885 are a part of this development. 7. The developer shall construct traffic signals at the intersection of Twin Peaks Road and Route 56; at Pomerado Road and Route 56; and at the main entrance of the development at Pomerado Road. They shall be constructed in accordance with a plan to be approved by the City Engineer, and designed to the latest state of the art signal standards and criteria. The signal installation shall include the controller, detector safety lighting, signal interconnect if required, equestrian crossing buttons where required, and all other appurtenances. Coordinate traffic signals with the Pomerado Road/Camino del Norte master controller. Ail the signals shall be installed and shall be fully operative prior to City's granting of occupancy for any of the buildings intended to be constructed within the development. The construction of the signals, including its engineering and design'costs, may be credited against the traffic mitigation fees to be paid for this development. The fee required will be based upon an estimate for the traffic signals to be approved by the City Engineer and will be paid prior to building permit issuance. Upon completion of these signals, the developer shall submit a sworn affidavit, including true copies of all paid invoices and bills, to verify the actual construction costs. At that time any adjustment shall be made in the traffic mitigation fee payment. 8. Landscaping within the street right-of-ways shall be annexed to the Landscape Maintenance District (LMD 83-01) prior to map recordation. Ail costs appurtenant to annexation shall be borne entirely by the developer. 9. Ail easement holders within the development shall be  notified by the developer and shall indicate what easements are necessary to be vacated, quitclamed, or relocated. There shall be no improvements that will interfere with the easement holders rights unless permission is obtained and/or easement is vacated, quitclaimed or relocated. ~EC 16 7986 ITEM 22 8 o£ 23 Resolution No. P-86-32 10. Street improvements (curb, gutter, sidewalks, median islands, etc.), drainage facilities, water system, and sewer main installations if any shall be per City of Poway standards. 11. Any extension of easements for public utility pur- poses outside the development shall be acquired by the developer for dedication to the City. All costs shall be borne by the developer. Dedication shall be made prior to issuance of a building permit. 12. The developer shall construct a bus shelter northerly of the main entrance to the development at Pomerado Road to the satisfaction of the City Engineer and the Director of Planning Services. An irrevocable offer of dedication for the bus shelter area shall be exe- cuted prior to issuance of a building permit. 13. The alignment of Route 56 shall be adopted by the City Council prior to final map approval. 14. No wood fences are allowed along the development's frontage on Route 56 and Twi~ Peaks Road. 15. Within 30 days of approval applicant shall submit in writing that all conditions have been read and understood. FIRE PROTECTION 1. Gemco and Buildings 2 and 11 will require a looped water system and hydrants. 2. The water system for the remainder will require hydrants every 300 feet. 3. All fire access drives will be a minimum of 24 feet in width. 4. All buildings over 5,000 square feet shall be equipped with an automatic fire sprinkler system. 5. A "Knox box" emergency access system shall be installed. 9of 23 ~£01~ 1~86 iTEM Resolution No. P-86-32 Page 7 Section 3: Tentative Parcel Map No. 86-03, a copy of which is on file in the Planning Services office, is hereby approved subject to the following Standard Conditions: I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT 1. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited, to: Permit and Plan Checking Fees, Water and Sewer Service Fees. These fees shall be paid prior to final map approval. 2. Street names shall be approved by the Planning Services Department prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. B. PARKING AND VEHICULAR ACCESS NO CONDITIONS C. LANDSCAPING 1. A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. 2. Existing on-site'trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during the review of the Master Plan of existing on-site trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. 3. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Ordinance and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. D. SIGNS NO CONDITIONS ~EC 16 1986 10 of 23 _ Resolution No. P-86-32 j Page 8 E. RECREATION 1. The developer shall improve the equestrian/pedestrian trail system in accordance with the adopted sign standards and to the satisfaction of the Directors of Public and Community Services along the southeast side of Route 56 prior to building permit issuance. F. EXISTING STRUCTURES NO CONDITIONS G. ..ADDITIONAL APPROVALS REQUI~R~ 1. Development Review or Minor Development Review shall be accomplished prior to the issuance of a building permit. 2. The applicant shall provide verification of State Board of Equalization notification and that appropriate reviews and/or approvals have been accomplished to the satisfaction of the Director of Administrative Services. II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 2. The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square fe~t of solar access for each dwelling unit and for each future building site within the subdivision. 3. A soils report shall be prepared by a qualified engineer licensed by the State of .California to perform such work prior to submittal of grading plans. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plan shall be subject to review and approval by the Planning Services and Public Services Department and shall be completed prior to recordation of the final sub- division map or issuance of building.permit, whichever comes- first. 11 of 23 DIe 16 1986 ITE'M ~2 Resolution No. P-86-32 Page 9 6. A pre-blast survey of surrounding property shall be conducted to the satisfaction oof the City Engineer prior to any rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. I. STREETS AND SIDEWALKS 1. 'All Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Services. 2. Vehicular access rights to Circulation Element roads shall be dedicated to the City of Poway and labeled on the final raap to the satisfaction of the Director of Public Services or by separate document. 3. Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Services. 4. Street striping and signing shall be installed to the satisfac- tion of the Director of Public Services. 5. All street structural sections shall be submitted to, and approved by the Director of Public Services. 6. Street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Services. Plan check and inspection expenses shall be paid by the developer. 7. Street improvements that include, but are not limited to: a. Sidewalks e. Cross gutter X b.. Driveways (Radius Returns) __f. Alley gutter X c. Wheel chair ramps X .g. Street paving X d. Curb and gutter __h. Alley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Public Services. 8. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Services. DEO 16 1986 IT~ 22. 12 of 23 Resolution No. P-86-32 Page 10 9. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits required. 10. The developer shall pay the Traffic Mitigation Fee at the established rate prior to final map approval. J. DRAINAGE AND FLOOD CONTROL 1. Intersection drains will be required at locations specified by the Director of Public Services and in accordance with standard engineering practices. 2. A drainage system capable of handling and disposing of all sur- face water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Services to properly handle the drainage. 3. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 4. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to final map approval. 5. Concentrated flows across driveways and/or sidewalks shall not be permitted. K. UTILITIES 1. Ail proposed utilities within the project shall be installed underground including existing utilities along Circulation Element roads and/or highways less than 34.5 KV. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required.. 4. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the Health Department of the County of San Diego. 5. Prior to acceptance of property for sewer.service, annexation to the sewer improvement area shall 6ccur 13 of 23 D~'O 16 1986 ITE~I 2.'2_ Resolution No. P-86-32 Page 11  6. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the ana- lysis and shall be paid Prior to grading plan. 7. The applicant shall, within 30 days after receiving approval of the tentative tract map, tentative parcel map, use permit, ok development review, apply for a Letter of Availability (LOA) to reserve sewerage availability and post with the City, a nonre- fundable reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. 8. Developer shall construct a light system conforming to City of Poway Standards at no cost to the public, subject to the following: a. Cut-off luminaries shall be installed which will provide true 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor  light source. c. Advance energy charges and District engineering charges shall be paid by the developer. d. Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City prior to final map approval or building permit ~ssuance, whichever occurs first. L. GENERAL REQUIREMENTS AND APPROVALS 1. Permits from other agencies will be required as Caltrans - State Highway 56. 2. Final parcel and tract maps shall conform to City standards and procedures. 3. All provisions of the Subdivison Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 4. Prior to final map approval, all of the above improvements and requirements shall be installed and provided, or deferred by' guaranteeing installation within two years from map recordation or prior to building permit issuance, whichever occurs first, by the execution of a performance agreement, secured with suf- ficient securities, in a form approved by the city Attorney. All necessary processing fees, deposits, and charges shall be paid prior to final map approval. DEO 16 ~986 ITEM 22 14 of 23 Resolution No. P-86-32 - Page 12 5. Prior to final map approval, all dedications shall be made and easements granted as required above. 6. The tentative ~p approval, shall expire on May 20, 1988 unless an applicantion for time extension is received 90 days prior to expiration in accordance with the City's Subdivision Ordinance. s- .APPROVE? ~nd ADOPTED by the City ~uncil of the City of Poway, uate of Calizornia, this 20th day oX May, 1986. Carl R. Kruse, Mayor ATTEST: MarLjorie K. Wahlsten, City Clerk ~£016 1986 15 of 23 ~ 13325 Civic Center Driv o~ Poway, CA 92064 ..... ~.~,.~.. ,~ ~, ~ ,~,.~'%~'.~. ~ ...._:...., ,.~ .,. ..... O~NT DEED ~" ' "' ~ CiNof ~o~av .and City of Poway Legal description (Exhibit A) and Plat (Exhibit B) attached hereto and made a part hereof. Dated ::7 ::¢~!~i:.~ :ii:: ~,i'i :~.:~'i :.~:i-:~ ! ~'^'~ ~ ~,~o~, } ~ , . . ~;.-~'::'~. ~ .......... O~O 16 1986 IT~tv~ 16 of 23 : :~ ........... ATTACHMENT EXHIBIT A Page 1 of 2 PARCEL 1 THAT PORTION OF SECTION 2, TOWNSHIP 14 sOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 10 AS SHOWN ON MAP NO. 10258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 6, 1981; THENCE ALONG THE SOUTHWESTERLY SIDELINE OF TWIN PEAKS ROAD (FORMERLY CAMINO DEL NORTE), 126.00 FEET WIDE, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED OCTOBER 30, 1980 AT FILE/PAGE NO. 80-363497 OF OFFICIAL RECORDS SOUTH 36043'29'' EAST, 446.25 FEET TO THE BEGINNING OF A TANGENT 1863.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°43'31" A DISTANCE OF 23.58 FEET TO THE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS SOUTH 52o33'00'' WEST; THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°32'28'' A DISTANCE OF 115.14 FEET TO A POINT OF CUSP WITH A 25.00oFOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS - NORTH 49°00'32" EAST; THENCE LEAVING SAID 1863.00- FOOT RADIUS CURVE ALONG SAID 25.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 87o30'39'' A DISTANCE OF 38.18 FEET~THENCE TANGENT TO SAID CURVE SOUTH 51°29'53" WEST, 478.90 FEET TO THE BOUNDARY OF LAND CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 31, 1980 AT FILE/PAGE NO. 80-365974 OF OFFICIAL RECORDS: THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES NORTH 2°12'20" EAST, (DEED = NORTH 2°12'53" EAST) 44.03 FEET: NORTH 13°38'01" EAST (DEED = NORTH 13038'34'' EAST) 105.99 FEET: AND NORTH 30°40'18'' EAST (DEED = NORTH 30°40'51" EAST) 55.04 FEET) THENCE LEAVING SAID BOUNDARY NORTH 51029'53'' EAST, 288.51 FEET TO SAID COUNTY BOUNDARY, THENCE ALONG SAID BOUNDARY NORTH 82008'29'' EAST (DEED = NORTH 82o09'02'' EAST) 52.40 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 52033'00'' EAST (DEED = NORTH 52033'00'' EAST) 5.00 FEET TO THE POINT OF BEGINNING. THE GRANTOR HEREBY FURTHER GRANTS TO THE CITY OF POWAY THE PRIVILEGED AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE HEREIN DESCRIBED RIGHT-OF-WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID CITY HIGHWAY. 17 of 23 EXHIBIT A Page 2 of 2 PARCEL 1 (Continued) RESERVING UNTO GRANTOR OF THE ABOVE DESCRIBED PARCEL OF LAND HIS SUCCESSORS OR ASSIGNS, THE RIGHT TO ~ELIMINATE SUCH SLOPES AND/OR DRAINAGE STRUCTURES OR PORTIONS THEREOF, WHEN IN THE WRITTEN OPINION OF THE CITY AND/OR DISTRICT ENGINEER OF GRANTEE, THE NECESSITY THEREFORE IS REMOVED BY SUBSTITUTING OTHER PROTECTION SUPPORT AND/OR DRAINAGE FACILITY, PROVIDED SUCH SUBSTITUTION IS FIRST APPROVED IN WRITING BY THE ENGINEER(S). PARCEL 2 THAT PORTION OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 10 AS SHOWN ON MAP NO. 10258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 6, 1981; THENCE ALONG THE SOUTHWESTERLY SIDELINE OF TWIN PEAKS ROAD (FORMERLY CAMINO DEL NORTE), 126.00 FEET WIDE, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED OCTOBER 30, 1980 AT FILE/PAGE NO. 80-363497, OF OFFICIAL RECORDS SOUTH 36°43'29'' EAST. 446.25 FEET TO THE BEGINNING OF A TANGENT 1863.00- FOOT RADIUS CURVE CONCAVE NORTHEASTERLY) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°43'31'' A DISTANCE OF 23.58 FEET; THENCE LEAVING SAID SOUTHERWESTERLY SIDELINE SOUTH 52°33'00'' WEST, 5.00 FEET; THENCE SOUTH 82008'29'' WEST, 52.40 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 51029'53'' WEST, 288.51 FEET TO THE BOUNDARY OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED OCTOBER 31, 1980 AT FILE/PAGE NO. 80-365974 OF OFFICIAL RECORDS~ THENCE ALONG THE BOUNDARY OF SAID LAND NORTH 30°40'18'' EAST (DEED = NORTH 30°40'51'' EAST) 187.98 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 82~08'29'' EAST, (DEED = NORTH 82009'02'' EAST) 131.12 FEET TO THE POINT OF BEGINNING. 9£0 16 1986 ITEM 18 of 23 SCALE PORTJON OF / STANDARD PAcIFJC SESTION 2 CJTY OF POWAY ~~~ DETAIL ~ DETAIL A - ~ ~o SCALE ~Y ~/~/~ ~/~ ~-~.~ manlTOU engineering company I ,.,.~.l J ~,~,,, ~ ....... DEC 16 1986 19 of 23 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE C~TY OF POWAY, CALIFORNIA ACCEPTING A LAND CONVEYANCE OF A PORTION OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN FROM STANDARD PACIFIC OF SAN DIEGO, A CALIFORNIA CORPORATION TO THE CITY OF POWAY WHEREAS, the City Council of the City of Poway has adopted the alignment of the proposed State Route 56 (SR 56) from Pomerado Road to Twin Peaks Road, and WHEREAS, said City Council has approved Tentative Parcel Map No. 86-03 known as Twin Peaks Plaza by City Council Resolution No. P86-32, adopted May 20, 1986, and WHEREAS, the improvement of State Route 56 is a condition of approval of said Tentative Parcel Map No. 86-03, and WHEREAS, the alignment of said State Route 56 encroaches on a land not yet owned by the developers of said Tentative Parcel Map No. 86-03, and WHEREAS, said encroachment lies within that portion of Section 2, Township 14 South, Range 2 West, San Bernardino Meridian, which is presently owned by Standard Pacific of San Diego, a California Corporation, and WHEREAS, all of said State Route 56 is a part of the approved said Tentative Parcel Map No. 86-03, and WHEREAS, the land conveyance from Standard Pacific of San Diego to the City of Poway of said portion of Section 2, Townsip 14 South, Range 2 West, San Bernardino Meridian is to facilitate the eventual transfer of property to the developers or owners of said Tentative Parcel Map No. 86-03, and WHEREAS, immediate acceptance of said land conveyance is in the best interest of the City of Poway. NOW, THEREFORE, be it resolved that the City Council of the City of Poway does determine and order as follows: 1. The City of Poway does hereby accept the following described property from Standard Pacific of San Diego, a California corporation: ATTACHMENT 4 20 of 23 PARCEL 1 THAT PORTION OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 10 AS SHOWN ON MAP NO. 10258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 6, 1981; THENCE ALONG THE SOUTHWESTERLY SIDELINE OF TWIN PEAKS ROAD (FORMERLY CAMINO DEL NORTE), 126.00 FEET WIDE, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED OCTOBER 30, 1980 AT FILE/PAGE NO. 80-363497 OF OFFICIAL RECORDS SOUTH 36°43'29" EAST, 446.25 FEET TO THE BEGINNING OF A TANGENT 1863.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°43'31" A DISTANCE OF 23.58 FEET TO THE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS SOUTH 52°33'00'' WEST; THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°32'28'' A DISTANCE OF 115.14 FEET TO A POINT OF CUSP WITH A 25.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS ~ NORTH 49°00'32" EAST; THENCE LEAVING SAID 1863.00- FOOT RADIUS CURVE ALONG SAID 25.00-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 87°30'39'' A DISTANCE OF 38.18 FEET~ THENCE TANGEi~T TO SAID CURVE SOUTH 51°29'53'' WEST, 478.90 FEET TO THE BOUNDARY OF LAND CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 31, 1980 AT FILE/PAGE NO. 80-365974 OF OFFICIAL RECORDS: THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES NORTH 2°12'20" EAST, (DEED = NORTH 2°12'53" EAST) 44.03 FEET: NORTH 13°38'01'' EAST (DEED = NORTH 13°38'34" EAST) 105.99 FEET: AND NORTH 30"40'18" EAST (DEED = NORTH 30"40'51'' EAST) 55.04 FEET) THENCE LEAVING SAID BOUNDARY NORTH 51"29'53'' EAST, 288.51 FEET TO SAID COUNTY BOUNDARY, THENCE ALONG SAID BOUNDARY NORTH 82~08'29" EAST (DEED = NORTH 82"09'02'' EAST) 52.40 FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 52~33'00" EAST (DEED = NORTH 52°33'00" EAST) 5.00 FEET TO THE POINT OF BEGINNING. THE GRANTOR HEREBY FURTHER GRANTS TO THE CITY OF POWAY THE PRIVILEGED AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE HEREIN DESCRIBED RIGHT-OF-WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID CITY HIGHWAY. 21 of 23 PARCEL 1 (Continued) RESERVING UNTO GRANTOR OF THE ABOVE DESCRIBED PARCEL OF LAND HIS SUCCESSORS OR ASSIGNS, THE RIGHT TO ELIMINATE SUCH SLOPES AND/OR DRAINAGE STRUCTURES OR PORTIONS THEREOF, WHEN IN THE WRITTEN OPINION OF THE CITY AND/OR DISTRICT ENGINEER OF GRANTEE, THE NECESSITY THEREFORE IS REMOVED BY SUBSTITUTING OTHER PROTECTION SUPPORT AND/OR DRAINAGE FACILITY, PROVIDED SUCH SUBSTITUTION IS FIRST APPROVED IN WRITING BY THE ENGINEER(S). PARCEL 2 THAT PORTION OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 10 AS SHOWN ON MAP NO. 10258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 6, 1981; THENCE ALONG THE .SOUTHWESTEP~LY SIDELINE OF TWIN PEAKS ROAD (FORMERLY CAMINO DEL NORTE), 126.00 FEET WIDE, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED OCTOBER 30, 1980 AT FILE/PAGE NO. 80-363497, OF OFFICIAL RECORDS SOUTH 36643'29'' EAST. 446.25 FEET TO THE BEGINNING OF A TANGENT 1863.00- FOOT RADIUS CURVE CONCAVE NORTHEASTERLY) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°43'31'' A DISTANCE OF 23.58 FEET; THENCE LEAVING SAID SOUTHERWESTERLY SIDELINE SOUTH 52°33'00" WEST, 5.00 FEET; THENCE SOUTH 82°08'29" WEST, 52.40 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 51°29'53'' WEST, 288.51 FEET TO THE BOUNDARY OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED OCTOBER 31, 1980 AT FILE/PAGE NO. 80-365974 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND NORTH 30°40'18'' EAST (DEED = NORTH 30°40'51'' EAST) 187.98 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 82~08'29'' EAST, (DEED = NORTH 82~09'02'' EAST) 131.12 FEET TO THE POINT OF BEGINNING. 22 of 23 DEC 16 ]986 ITEl'C, 2. The City Clerk is hereby authorized and directed to certify to the passage of this resolution and to change its recordation in the office of the recorder of San Diego County. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California at a regular meeting thereof this December, 1986. Bruce Tarzy, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk 23 of 23 -