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Res 86-136RESOLUTION NO. 86-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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: The City of Poway does hereby accept the following described property from Standard Pacific of San Diego, a California corporation: RESOLUTION NO. 86-136 PAGE 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 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 bF 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 ~EAVING 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~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 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. RESOLUTION NO. 86-136 PARCEL 1 (Continued) PAGE 3 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 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. RESOLUTION NO. 86-136 PAGE 4 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. ATTEST: Bru~ JY0!C~ ~ Marjo~i~ K. Wahlsten, City Clerk