Vacation 88-01 1989-156421
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1943
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89/56421
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RECORDING REQUESTED BY:
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n::COROCflIN
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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 ,
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(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.
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,Kruse, ayor
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MarJ'orie Kl Wahlsten, City Clerk
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State of California)
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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
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the undersigned Notary Public, personally appeared
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personally known to me
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. """"', MARTHA S, M, I NOR
. . "-rlOlARY PUBllC _CALIF.
'"':<\0 .. PRlllCll'Al OFFICE I~
. ;"~' .. S~D1EGOCOUNTV
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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. *
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Notary's Signature *
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'PAR'lliERSBIP ~
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County of
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State of On this the day of 19 _, before me; *
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the undersigned Notary Public, personally appeared
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o personally known to me
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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.
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* Notary's Signature *
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CXlRFClRATE ~
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* State of .ort this the, day of 19 _, before me, *
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*, County of ) " *
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the undersigned Notary Public, personally appeared
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* 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. *
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* Notary's Signature *
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o personally kndwnto me
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RESOLUTION
1945
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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
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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:
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1946
Re-sol,u'fion No,.
J:.anuary 5, 1988
Page 2
88,-0.
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,Par.cell.
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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.
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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
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?-esolution No.
January 5, 1'988
Page 3
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herein, and Southeasterly in the Easterly .line of ,said C &
H land..
Parcel 3
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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
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Resoiution
~anuar.y 5,
Page 4
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88:-001
1948
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No.
1988"
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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..
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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.
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ATTEST :.
Robert ,Emery,
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.Wa.h'ls,ten, City Clerk
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stATE OF CALIFORNIA
COUNTY OF SAN D I'EGO
1949
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, 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
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))-.::_;~"'-~:~;> "!~_~~/_'L:j'Q._
Marjorie.K. Wahl;sten, City Clerk
City of poway , .