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Vacation 98-02 1998-0761714 ~- ~ ,~ ,. RECORDING REQUESt BY \ , " \ , , CITY OF POWAY .' ," WHEN RECORDED MAIL TO: ~ 1 ~ CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92074 No Transfer Tax Due '80 ) ) ) ) ) ) ) ) ) ) ) DOC .1998-'0761714 1998 8.: 25 AM NOV 24" OFFICIAL RECORDS SAN DIEGO COUNTV RECORDER'S OFFICE GREGORY J. SMITH, COUNTV RECORDER FEES: 0.00 . This space for Recorder's Use) Index as a Resolution SUMMARY VACATION By the attached Resolution No. 98-104, the City of Poway, a municipal corporation, ordered the summary vacation of an Irrevocable Offer of Dedication of portions of Tannin Drive and Edina Way for n;>adway'purposes, slope rights and drainage easements, and a Clear Space Easement Within Pilrcel2 of Parcel Map 10823 recorded December 10, 1980 as File No. 80-415649. State of California County of San Diego (' Don Higginson, or \'.,\.// l~ aM--, _ ~~ ~ Anne Peoples~C:ity Clerk ) ) ss. ) On this the 20th day. of November, 1998, before me, Vivian MacZis the undersigned Notary Public, personally appeared Don Higginson and Lori Anne Peoples personally known to me to be the persons whose are subscribed to the within instrument and acknowledged to me that'they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity:upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. ~ - - - - - -\1;~~~~ - - J - ft' Commission' 1194.521 ~" Notary Pubroc - CaIi,'fanla i i San Diego Counly f _ _ _ _My:o:m~~~~2~~ ~~ '?nCTW/ ~ U, Notary'SignatLJre \\.. . 't4, ~~.. 'tI; ~ "~ . . 81 RESOLUTION NO. 98-104 A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN IRREVOCABLE OFFER OF DEDICATION OF PORTIONS OF TANNIN DRIVE AND EDINA WAY FOR ROADWAY PURPOSES, SLOPE RIGHTS AND DRAINAGE EASEMENTS, AND A CLEAR SPACE EASEMENT WITHIN PARCEL 2 OF PARCEL MAP 10823 (Vacation 98-02) WHEREAS, the City Council of the City of poway desires to summarily vacate a certain Irrevocable Offer of Dedication ij] accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8330; and, WHEREAS, an Irrevocable Offer of Dedication of portions of Tannin Drive and Edina Way for Roadway Purposes, Slope Rights and Drainage Easements, and a Clear Space Easement within Parcel 2 of Parcel Map 10823, was dedicated to the County of San Diego per deed recorded December 10, 198P, as Document Nur'nber80-415649 in the Office of the County Recorder. The Irrevocable Offer of Dedication is described in the attached legal description titled Exhibit "A;" and, WHEREAS, the City of Poway became a successor-in-interest upon its incorporation on December 1,1980. NOW, THEREFORE, SE IT RESOLVED by the CityCouricil of the City of Poway as follows: 1. This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 ofthe Streets arid Highways Code ofthe State of California. 2. The CitY Council hereby finds that the hereinde,scribed Irrevocable Offer of Dedication has been determined unnecessary due to development of the area. 3. The City Council hereby declares thatthe following described Irrevocable Offer of Dedication is vacated: See attached legal description Exhibit "A" and plat titled Exhibit "S" 4. The City Clerk of the City of Poway is hereby directed to cause a certified copy of this resolution to be recorded in the Office of the County Recorder of San Diego in accordance with the provisions of Section 8336 of the Streets and Highways Code. . . 82 Resolution No. 98-104 Page 2 PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 17th day of November 1998. rL-2=--\-\ ' . Don Higginson, Mayor --o;y ATTEST: STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I hereby certify. under the penalty of perjury. that the above and foregoing Is a true and correct copy of Resoiut1on No. 'f ~ -/ If) if . os adopted by the CIlV CooneR of powav.~the l"l~. day of 7J 19# ~ORl AN~E PEO~ ClERl( I, Lori Anne Peoples, City Clerk of the City of Poway,do hereby certify, under penalty of perjury, that the foregoing Resolution No.98-104 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of November 1998, and that it was so adopted by the following votes: AYES: EMERY; GOLDBY. REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA \Jr: (),,^,:~i.4 ri Anne Peoples, City Clerk City of Poway . . EXHIBIT "A" 83 LEGAL DESCRIPTION PARCEL 1 VACAllON OF PORTIONS OF TANNIN DRIVE AND EDINA WAY FOR ROADWAY PURPOSES, SLOPE RIGHTS AND DRAINAGE EASEMENTS. ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP'NO. 10823, FILED IN THE OFFICE OF THE RECORDER OF SAN, DIEGO COUNTY ON DECEMBE~ 18, 1980 AS FILE NO. 80-426:272, BY VIRTUE OF GRANT OF IRREVOCABLE OFFER T0 DEDICATE REAL PROPERTY RECORDED DECEMBER 10, 19,80' AS FILE NO, 80-415649, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID pARCEL 2; THENCE SOUTH 450 27' 56" EAST, 30.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 450 27' 56" EAST, 223.72 FEET; THENCE SOUTH 340 05' 24" EAST, 24,52 FEET;, THENCE SOUTH 200 33' 13" WEsT, 12.17 FEET TO A POINT ON A NON-TANQENTi230:00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;, A RADIAL TO SAID POINT BEARS SOUTH 240 24' 26" WEST; THENCE NORTHWESTERl:Y ALONG SAID CURVE Tl-ig'P_QGH A CENTRAL ANGLE OF 200 07' 38" AN ARC DISTANCE OF 80.80 FEET; THENCE NORTH }50 27' 56" WEST, 92.48 FEET TO THE BEGINNING OF A 20,09 FOOT RADIUS, CURYE~()N~AvE SOlJTHERL V; THENCE WESTERL V ALONG SAID\CU~VETHROUGH A CENTR~LA~G(EOF'960 44' 46" AN ARC' DISTANCE OF 33.nFEET TO'A POINT OF COMPOUND CURVATURE WITH A 270.00 FOOT RADIUS CURVE CONCAVE S()UlHEASJERL V; THENCE SOUTHWESTERLY ALONG SAID CURVE n,jROUGH A CENTRAL ANGLE OF 130 18' 40" AN ARC DISTANCEi,OF 62.73 FEET; THENCE NORTH 1015' 49" EAST. 111,12 FEET TO A POINT aNA NON~TANGENT330:oo FOOT RADIUS CURVE CONCAVESOUIHEASTERLV, A RADIAL L1NETOSAID POINT BEARS ,NORTH 47029' 43" WEST; THENCE NORTHEASTERL Y ALONG SAID CUgYETHROUGH ACENTRAL ANGLE OF 50 36' 52" AN ARC DISTANCE OF 32.34 FEET TO TI'lE .TRUE POINT OF BEGINNING. PARCEL 2 VACAllON OF CLEAR SPACE EASEMENT. ALL THAT PORllON OF PARCEL2,OF PARCEL MAP NO. 10823, FILED'IN THE OFFICE OF THE RECORDER OF SAN DIEGO.COUNTv ON DECEMBER 18,1980 AS FILE NO, ilO'426272,BY , VIRTUE OF ,GRANT OF IRREVOCABLE OFFER OF CLE.ARSPACE EASEMENT' RECORDED DECEMBER 10, 1980 AS FILE NO. 80-415649; MORE PARTICULARLY' DESCRIBED AS FOLLOWS: '.. ' BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2: THENCE SOUTHERLY ALONG THE WESTERLY'I!INE THEREOF SOUTH 10 15' ,w"WEST, 145.97 ,FEET; THENCE LEAVING SAID WE~R(y~iNE NORTH 420 40' 27" !:ASI. 5,1.5.I7'EI;T TO THE TRUE POINT OF BEGINNING; THENCE No~m~.5: 27' 24" EAST, 49.41 FEET'TO TIlE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; WENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51034' 13" AN ARC DISTANCE OF 18.00 FEEhoAPOINT ON A LINE WHICH BEARS NORTH 42040' 27" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 420 4b' 27" WEST, 65.27 FEET TO THE TRUE POINT OF BEGINNING. 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