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Res 86-137RESOLUTION NO.86-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ACCEPTING THE DEDICATION FOR PUBLIC HIGHWAY PURPOSES IN PORTIONS OF LOTS 274 AND 275 OF THE COUNTY OF SAN DIEGO TRACT 3461-7, MAP NO. 8885 WHEREAS, an Irrevocable Offer of Dedication for Public Highway Purposes to the County of San Diego in portions of Lots 274 and 275 of County of San Diego Tract 3461-7, Map No. 8885 has been recorded in the office of the Recorder of San Diego County on February 15, 1979, at File/Page No. 79-069591, and WHEREAS, the State of California Government Code (Subdivision Map Act) Section 66477.2 provides that a rejected offer of dedication shall remain open and may be accepted by resolution at a later date, and WHEREAS, the City of Poway became the successor in interest of said Irrevocable Offer of Dedication upon its incorporation on December 1, 1980, and WHEREAS, Tentative Tract Map No. 4191R was approved by the City Council of the City of Poway per Resolution No. P84-71, and WHEREAS, final maps of said Tentative Tract Map. No. 4191R are filed in phases (multiples), and WHEREAS, City of Poway Tract No. 4191-6R is designated as one phase of said Tentative Tract Map No. 4191R, and WHEREAS, improvements on said City of Poway Tract No. 4191-6R requires the connection and installation of new sewer and/or water lines to Conchos Drive, and WHEREAS, the location of said new sewer and/or water lines to service said City of Poway Tract No. 4191-6R is in that area as described in said Irrevocable Offer of Dedication, and WHEREAS, the acceptance of said Irrevocable Offer of Dedication will satisfy the requirement of an off-site sewer and/or water easement acquisition and eventual dedication to the City of Poway by the developers and/or owners of said Tentative Tract Map No. 4191R, and RESOLUTION NO.86-137 PAGE 2 WHEREAS, becuase of the impending recordation of the final map of City of Poway Tract No. 4191-6R, it is in the best public interest of the City of Poway that said Irrevocable Offer of Dedication be now accepted for public use for public highway purposes. NOW, THEREFORE, be it resolved that the City Council of the City of Poway does determine and order as follows: The City of Poway being the successor in interest to said Irrevocable Offer of Dedication, hereby rescinds the rejection, and does hereby accept for public use for street purposes the following: Those portions of Lots 274 and 275 of County of San Diego Tract 3461-7 in the County of San Diego, State of California, according to Map threof No. 8885 filed in the Office of the County Recorder of said County June 7, 1978, described in the following parcels: Parcel No. 78-1072-A The Westerly 56.00 feet of said Lot 275 Parcel No. 78-1072-B That portion of said Lot 275 lying Southerly of the Northwesterly boundary of said Lot 275 and Easterly of the Easterly line of the aforedescribed Parcel No. 78-1072-A and Northwesterly of the arc of a 20.00 foot radius curve concave Southeasterly, said curve being tangent to both said North- westerly boundary of Lot 275 and said Easterly line of Parcel No. 78-1072-A. Parcel No. 78-1072-C That portion of said Lot 274 of said Map No. 8885 lying Southerly of the Northeasterly boundary of said Lot 274 and Westerly of the Westerly line of the aforedescribed Parcel No. 78-1072-A and Northeasterly of the arc of a 20.00 foot radius curve concave Southwesterly, said curve being tangent to both said Northeasterly boundary of said Lot 274 and said Westerly line of Parcel No. 78-1072-A. RESOLUTION NO. 86-137 PAGE 3 e The City Clerk is hereby authorized and directed to certify to the passage of this resolution and to cause its recordation prior to or concurrent with the recordation of City of Poway Tract No. 4191-6R. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, California at a regular meeting thereof this 16th day of December, 1986. ATTEST: ruce Tar~, May?~ I Marjo~i~ K. Wahlsten, City Clerk