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Vacation 88-01 1989-156421 -. . 1943 . 89/56421 }"'e- " RECORDING REQUESTED BY: I) ) ) ) ) ) ) ) ) ) ) ,-- -1 n::COROCflIN ornCjf,.C f~F.:COR()S o1r <:"~~./ Yl;r:!~fl f'(I',JP'TV"f'A.' ". ... ~1' ..,_.... ,. _" ."',t I. ~ . City of Poway WHEN RECORDED, MAIL TO: City Clerk City of poway P.O. Box 789 Poway, CA 92D64 89HAR 28 RI112:'39 I _VERA L, L YLE;_ I ~OU)/TY RECOROEJL.j , . (This space for Recorder's use) NO FEE No Transfer Tax Due SUMMARY VACATION 88-01 By the attac~ed Resolution ,No. ,88-001, the City of Poway, a municipal cor- poration, ordered the Summary Vacation of Irrevocable Offer of Dedication for public Highway for Portions of Edina Way and Tannin Drive, and Clear Space Easement, F/P No. 8D-415649, all ,within P el Map No. 10823. ..---~~ ,Kruse, ayor JnaA~- K ;lU0M ~ MarJ'orie Kl Wahlsten, City Clerk \j' State of California) )ss. County of San Diego) , On this the~ day of >/!a~"'4: )?f9 , before me, ,1/J1-A}{f1( 1/ JJ~1J Ce.k( the undersig,ned Notary Publ ic, personally appeared Carl R. Kr"<" ~nrl Marjorie K. Wahlsten, personally known to me to be the personX who executed the within instrument as' Pres i aeRt aRB Secretary of the muni ci pa I corpora t i on named herei n. Witness my hand and official seal. OFFICIAL SEAL NANCYN NEUFELD Notery Publ~1fomIa SAN DIEGO COUNTY My eamm. Exp. Dee. 21, 1992 h);?Zk ), ss. ) 1944 ~:s * ~e *~* ~y *0; ft-- * ~m ~ S. UIM-{ the undersigned Notary Public, personally appeared * * . * * . * * * . . * 19~, before me" * * * * '1" :~: )t ... M, It *. "it., * '* 'It if. ,'It .',w* *". Sta'te of (l.ollkovC-.. * : County of ~l) \.ei)0 * * * * * * ,* * *~ CnAJ. ':R. ~ * * , ll(J. personally known to me * * @'O""'"'''' . """"', MARTHA S, M, I NOR . . "-rlOlARY PUBllC _CALIF. '"':<\0 .. PRlllCll'Al OFFICE I~ . ;"~' .. S~D1EGOCOUNTV .~~'., 'JJ~ComI!i's~-EXJii'tS.klTIe28.1991 *, I4. proved to me on the basis of satisfactory evidence * to'be the person(s) whose narre(s) I::> subscril:ed * to the within instrument, and acknowledged that ~~,~ * executed it. . * ~-rn:sS my hand and official seal. * . ty\~W/~~ : Notary's Signature * * * * * * * * * * * * * * * * * ..*, * . .... * * * ~ * * *,* . * * * * * * .".. *.* * * .. * * . *: -~ * * * * 'PAR'lliERSBIP ~ * * * * * County of * * *.. * * * * * * * * * '. .' .. * * .. * * * * * * * * * .- * * * * ** * * * * * * * * * * * State of On this the day of 19 _, before me; * ) SSe . ) , * * * , * *', * * * the undersigned Notary Public, personally appeared * * *, * * * * o personally known to me * * * * * * o pr9ved to me on the, basis of satis~ac~q evidence to be the person(s) who executed the Wl.thw l.nstrument on behalf of the partnerShip, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. * * *, * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .. * * * * * * * * CXlRFClRATE ~ * . * * *;,. . * * ,'*:. ,-*. Ii * *: * * * * * .... .. .. .. * * * * *,.. * * * * ,* * * * * * * * '.. . .. ,* * * * State of .ort this the, day of 19 _, before me, * * ) 55. .. *, County of ) " * * * * , * * * the undersigned Notary Public, personally appeared * * . * * * n proved to me on .the basis of satisfactory evidence to * * 'De the person(s) who executed the within instrument as * · or' on behalf of the corporation * * therein narred, and ackno....ledged to me that the corporation * '. executed it. . · WITNESS my hand and official seal. * * * . * * Notary's Signature * * * * . * . * * * * * ~ * * * . '., * * * * * * . * * * * * . .' * * * ** * * * * * * . * * . * * o personally kndwnto me * (6/841 ~; ,- ;. I , ) J ') ,'c . RESOLUTION 1945 - NO. 88-001 ,A RESOLUTION OF THE CITY, COUNCIL OF THE CITY ,OF' POWAY, CALIF,ORNI'A ORDERI,NG THE SUMMARY VACATION Of 'rRREVOCABLE OFFER OF DED~CATION 'FOR P,UBLIC HIGHWAY FOR PORTION~OF EDINA WAy AND TANNIN DRIVE, AND CLEAR SPACE EASEMENT, Fj.PNO. 80-415649, ALL WITHIN PAj'{CEL MAP NO. 10823 (VACATION 88-01 ) WHEREAS, the City Council of the City of poway desires to sum- ni,ar'ily vacate an Irre)locable'Offer of Dedica ti6n, for Public Highway for" portions of Edina, Way and Tannin Drive and clear space easement id atcordance with the procedures provided therefor in Chapter 4, Part 3, Division 9 of ,the Streets and Highways Code of the State o~ Ca,lifornia, commencing at Sect,ion 8330; and 'the 10, WHEREAS" said .irrevocable ofrerof dedica ti!on ""as granted to City of 'Poway per File/J?age 'No. 80-415469, recor,ded on December 1980 in the o'ffice of the San Diego County Recorder. NOW; THEREFORE, BE IT RESOLVED, by the City Council of the City, of Po way 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 stat~bf California. 2. The City Council hereby finds that: a. The hereinbelow described public highway has been immjJassable for vehicular travel for a period of five' consetutive years and no public mone~ ~as expended for maintenance on the highway during such period (Sec. 8331 a, b). b. The hereinbelow descFibed public service easement for clear space pu,rposes has ,not been ll"sed for the purpose for which itwa,; de,di:cated or acq!Jir,ed for five con- secutive years immediately preceding this vacation (Sec. 8333 a) . .3. The City Council hereby declares that the 'following stree't and public service easements which were irrevocably offered for dedication to the bltyo{ PoWay on December lD, 1980 as F/P No. 80-415469 are her'eby vacated: Public Hiqhway - Portions of Edina Way and Tannin Drive Those portions of Section 26~ Township 13 South, Range 2 Wes,t,'Si'ln Bernardino Meridia,n, in the (County of San Diego, State of California, according toUni:ted States Government Survey, included in that land described in deed to C & H ,Investors" recorded December 20, 19,79, as File'/Page No. 79-530'942: in the Office of thE? CO,un'ty Recorder of saicl County o( San Diego, described in the following parcels: ., ~.~ ~: r l .~/ 1946 Re-sol,u'fion No,. J:.anuary 5, 1988 Page 2 88,-0. .' ,Par.cell. -, A strip of land 60..00 feet wide, the side'lines of said strip lying 30.00 feet on each side of the following described ~ente~line: COMMENCING at a point in the Northerly line of said C & H "land, dis,tant ther,eon South 88 '42'\48" 'East.. 1 01. 82 feet from ,the Northwest corner thereof',sa'id point 'being .in the arc of a non-tangent 300.00 foot radius c'u~ve concave So"ut.heas,t'erly, a r~dial J'~ne of said, curve bears North 27 55'42" Wes,t to said point, said point also being hereinafter referred to, as Point "A"; .thence 'Northeasterly along thE> arc:: o'f said cur've througl1. a central 'angle of 1500'00" a distance' of 78.54 feet to the TRUE 'POINT OF BEGINNING; thence retracing S,outhwester'ly along the arc, of said curve' to ,said Point ':A"; then'ce ,continuing SO,uth,- wester,ly along the, ~rc o,f said cui:"e- through ;a central angle o'f 13 35' 37" a distanceof7-l.18 ,feet to a point hereinafte,r referred to as Point ",B"'; thence continuing' SouthwesterfY 'along 'the 'arc of said curve through a central angle of 13 ,01' 17" a, distance of 68.18 feet to ,a point in the Westerly .line of said 0 & H land; thence con- tinuing Southwes,te'rly a'long the 'a'rc~ of sai-d curve through a central ang'le of 1500'00" a distance of 78.54 feet to the POINT OFT'ERMINUS. ) The sideiin'es of said 60,.00 1',opt wide strip of land shall be lengthened and (or shortened so as to terminate Nor,thea's,ter,ly and Southwes,terly i:n ,the "Northerly and Westerly.lines respectively of said' C & Hland.. Par,cel 2' A strip of land 60.00 feet wide, the sidelines of said strip 'lying 30.00 feet on each side of the following described center'line': ' BEGINNING at Point "B" of 'the 'aforedescribed Parcell; ,thence South 4'?; 2},' 56," Ea'st, 143,.s0 feet to the beginning ofa tangent 200.00 foot, radius curve concave Northeasterly; thence Southeasterly along the .arc of said curv" through a cen,tral angJ,e' of 43, 1.6' 15" a distance of 151.,04 feet; thence' ,.tange-!1t to said curve South 8'8 44' 11" East, 56.49 feet to a point in the Easterly line of said C & H land and the P.OINT,OF TERMINUS. The sidelines of said. 60.~O foot wide s~rip of lan~ shall bel.ength~ned and/or short<2ned so ~s to terminate North- 'westerly in the Southeast lin'e of Parcel 1 described ) <~-:- . T r-- ) : II " ) ?-esolution No. January 5, 1'988 Page 3 8'8-0. 1947 . herein, and Southeasterly in the Easterly .line of ,said C & H land.. Parcel 3 , That por,tion .of said C & H land lying Southeasterly of the Southeasterly line of Parcel I describ,ed herein and lying Northeastetly of ~he Northeasterly lin~ of Parcel 2 de'sctibed herein 'and lying Westerly of the arc o.f a 20.00 foot radius curve concave Easterly, said curve b~fng tangent to both said Southeasterly and Northeasterly lines. 'Parcel 4, That portion ofs~id C & H land lying Southeasterly of the Southeasterly line of Parcel I descr.ibed herein .and lyi~ng' Southwesterly of the Southwesterly' line of Parcel 2 described herein an_d lying ,Northerly of the arc of a ,20..00 foot radius curve. concave Southerly, said curNebe,ing tangent to bo~h said Southeasterly .and Southweste~ly lines. Clear Space Easeme'nt Thos,e portions of Se.ction 2,6;, Townshipl3 South, Range 2 West, San Berl'),ardinb Meridian ,i,n tne County of San Diego, Sta te of Cal ifornia, according to United Sta,tes Government Survey include~ iri. that land, de~cribed in deed to E & H Investors" re'corded December ,20" 1979 ,asFile/Page No,. 79-530942 in the 0~f'fice of the County R<:,corder of said County ,of San Diego, de'scribed, as follows: Parcel 1 BEGINNING. at the Nor,thwest corner of said C &H land; thence SotitherTy along the West line thereof South 01'15'49;' West" 145.97 ,fe,e,t; thence leaving said West line North 42 40' 27," Ea?t:;, 5.15 fee.t to the 'T~UE' p,OINT OF 'BEGINNING,; thence 'North 35 27' 24'" East, 49.41 feet to the beginning of a tangent 20,00 foot radius curve concave Sou:theasterly; thence Northeasterly along the arc of said curve through a c"entralangle of 51 34' 13" a distance of 18.00 feet to a point on a li!,!e whieh bears North 4,2 40"27" East from the T,RUE POINT. OF BEGINNING; thence a'longsaid line South 4240'2,j;:;' Wes't, 65.27 feet to the ,TRUE POINT OF BEGINN'rNG. Par:cel 2 .'.,. ""; " .~ (", ' r r / ,~ " Resoiution ~anuar.y 5, Page 4 . 88:-001 1948 . No. 1988" , BEGINN'ING a.t the. Northwest corner of said. C & H land,; thence Easterly along the Northerly l,ine of' sa:Ld land South 88 42'4B" East, 181.00 feet; thence ieav~ng said North line S<;mth 6'1 14'43" West, 1-.2:6 feet to the TRUE POINT OF 'BEG'lNNING, said point being in the arc ,of a non- tangent, ?'70"OO foot radius curve concave, Southeasterly, a radial line, of said curve bears North 13 23' 32" West to said point; thence southwesterli along the arc of said ctif~e through a central angle of 15 4D'4~" a distance of 73.88 feet to the begiiining ofa compound 2.0.00 ,foot radius curve concave Easterly; thence Southwesterly along the arc of said curve through a central angle of 58 35'04" a distance of 20.45 feet to a poi-n.t, on a ,line' which bears South 61. 14' .43'" 'West from the TRUE POINT.OF BEGINNING;, thence Northeas,terly along said ~',ine North 61 14" 43" 'East., 90,03 ,feet to the TRUE POINT OF .BEGINNING.. ~, I 4. The City Clerk of the City of Poway is hereby directed to cause a 'cer:tified copy of the resolution to be recOI:'ded in the Office of the Coun,ty Recorder of San Diego Couriti in accordance wi,th the provisions of Section 8336 (a) of the Streets and Highways Code upon paymen,t, of all fees for the processing o"f:this"vaca,tion and upon, r,ecordation of al'l, irrevo"cable offer-"of-dedica tTon-of -a sueeft-turnaroundat-" the Southerly end of Tannin Drive within Parcel 1 and 2 of Par,cel Map No. 108:23. PASSED, ADOPTED, ,AND APPROVED by the City Council of theCi ty of Poway, California, at a regular meeting thereof this 5th day of January, 1988. ) ATTEST :. Robert ,Emery, r<'J lJ~6:.-- .Wa.h'ls,ten, City Clerk ) .A,'~"':: . ,'" 1" , , , r '\ , l ( , ) ) -/ ,~:. , stATE OF CALIFORNIA COUNTY OF SAN D I'EGO 1949 . . ) ) ss. ) , L, Marjorie K. Wahlsten, CJty Clerk of the QHy of PO way, do hereby :certJfy under'peiiai'ty'of perjury tha-t the foregoTng Resolution, No. 88-001., was dUly adopted by the City Counci 1 at a,meeting of said, City Counci 1 held on the 5th day of Jan uary ,1988, anc:j that i twas so adop,ted .by the fo,j I owi ng vote: AYES: I3RANNON, HIGGINSON, KRUSE, TARZY, EMERY NOES: NONE ABSTAIN: NONE ABSENT: NONE ---- ---- '- - I , . ..1,. ))-.::_;~"'-~:~;> "!~_~~/_'L:j'Q._ Marjorie.K. Wahl;sten, City Clerk City of poway , .