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Res 88-001RESOLUTION NO. 88-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING 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. 80-415649, ALL WITHIN PARCEL MAP NO. 10823 (VACATION 88-01 ) WHEREAS, the City Council of the City of Poway desires to sum- marily vacate an Irrevocable Offer of Dedication for Public Highway for portions of Edina Way and Tannin Drive and clear space easement in accordance with the procedures provided therefor in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, said irrevocable offer of dedication was granted to the City of Poway per File/Page No. 80-415469, recorded on December 10, 1980 in the office of the San Diego County Recorder. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. 2. The City Council hereby finds that: a. The hereinbelow described public highway has been immpassable for vehicular travel for a period of five consecutive years and no public money was expended for maintenance on the highway during such period (Sec. 8331 a, b). b. The hereinbelow described public service easement for clear space purposes has not been used for the purpose for which it was dedicated or acquired for five con- secutive years immediately preceding this vacation (Sec. 8333 a). The City Council hereby declares that the following street and public service easements which were irrevocably offered for dedication to the City of Poway on December 10, 1980 as F/P No. 80-415469 are hereby vacated: Public Highway - Portions of Edina Way and Tannin Drive Those portions of Section 26, Township 13 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey, included in that land described in deed to C & H Investors, recorded December 20, 1979, as File/Page No. 79-530942 in the Office of the County Recorder of said County of San Diego, described in the following parcels: Resolution No. January 5, 1988 Page 2 88-001 Parcel 1 A strip of land 60.00 feet wide, the sidelines of said strip lying 30.00 feet on each side of the following described centerline: COMMENCING at a point in the Northerly line of said C & H land, distant thereon South 88 42'48" East, 101.82 feet from the Northwest corner thereof, said point being in the arc of a non-tangent 300.00 foot radius curve concave Southeasterly, a radial line of said curve bears North 27 55'42" West to said point, said point also being hereinafter referred to as Point "A"; thence Northeasterly along the arc of said curve through a central angle of 15 00'00" a distance of 78.54 feet to the TRUE POINT OF BEGINNING; thence retracing Southwesterly along the arc of said curve to said Point "A"; thence continuing South- westerly along the arc of said curve through a central angle of 13 35'37" a distance of 71.18 feet to a point hereinafter referred to as Point "B"; thence continuing Southwesterly 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 C & H land; thence con- tinuing Southwesterly along the arc of said curve through a central angle of 15 00'00" a distance of 78.54 feet to the POINT OF TERMINUS. The sidelines of said 60.00 foot wide strip of land shall be lengthened and/or shortened so as to terminate Northeasterly and Southwesterly in the Northerly and Westerly lines respectively of said C & H land. Parcel 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 centerline: BEGINNING at Point "B" of the aforedescribed Parcel 1; thence South 45 27'56" East, 143.50 feet to the beginning of a tangent 200.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 43 16'15" a distance of 151.04 feet; thence tangent to said curve South 88 44'11" East, 56.49 feet to a point in the Easterly line of said C & H land and the POINT OF TERMINUS. The sidelines of said 60.00 foot wide strip of land shall be lengthened and/or shortened so as to terminate North- westerly in the Southeast line of Parcel 1 described Resolution No. January 5, 1988 Page 3 88-001 herein and Southeasterly in the Easterly line of said C & H land. Parcel 3 That portion of said C & H land lying Southeasterly of the Southeasterly line of Parcel 1 described herein and lying Northeasterly of the Northeasterly line of Parcel 2 described herein and lying Westerly of the arc of a 20.00 foot radius curve concave Easterly, said curve being tangent to both said Southeasterly and Northeasterly lines. Parcel 4 That portion of said C & H land lying Southeasterly of the Southeasterly line of Parcel 1 described herein and lying Southwesterly of the Southwesterly line of Parcel 2 described herein and lying Northerly of the arc of a 20.00 foot radius curve concave Southerly, said curve being tangent to both said Southeasterly and Southwesterly lines. Clear Space Easement Those portions of Section 26, Township 13 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey included in that land described in deed to C & H Investors, recorded December 20, 1979, as File/Page No. 79-530942 in the Office of the County Recorder of said County of San Diego, described as follows: Parcel 1 BEGINNING at the Northwest corner of said C & H land; thence Southerly along the West line thereof South 01 15'49" West, 145.97 feet; thence leaving said West line North 42 40'27" East, 5.15 feet to the TRUE POINT OF BEGINNING; thence North 35 27'24" East, 49.41 feet to the beginning of a tangent 20.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 51 34'13" a distance of 18.00 feet to a point on a line which bears North 42 40'27" East from the TRUE POINT OF BEGINNING; thence along said line South 42 40'27" West, 65.27 feet to the TRUE POINT OF BEGINNING. Parcel 2 Resolution No. January 5, 1988 Page 4 88-001 BEGINNING at the Northwest corner of said C & H land; thence Easterly along the Northerly line of said land South 88 42'48" East, 181.00 feet; thence leaving said North line South 61 14'43" West, 1.26 feet to the TRUE POINT OF BEGINNING, said point being in the arc of a non- tangent 270.00 foot radius curve concave Southeasterly, a radial line of said curve bears North 13 23'32" West to said point; thence southwesterly along the arc of said curve through a central angle of 15 40'43" a distance of 73.88 feet to the beginning of a compound 20.00 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 point on a line which bears South 61 14'43" West from the TRUE POINT OF BEGINNING; thence Northeasterly along said line North 61 14'43" East, 90.03 feet to the TRUE POINT OF BEGINNING. e The City Clerk of the City of Poway is hereby directed to cause a certified copy of the resolution to be recorded in the Office of the County Recorder of San Diego County in accordance with the provisions of Section 8336(a) of the Streets and Highways Code upon payment of all fees for the processing of this vacation and upon recordation of an irrevocable offer of dedication of a street turnaround at the Southerly end of Tannin Drive within Parcel 1 and 2 of Parcel Map No. 10823. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 5th day of January, 1988. Robert Emery, Mayo/~ ATTEST: Marjorie\K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie Ko Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution, No. 88-001 , was duly adopted by the City Council at a meeting of said City Council held on the 5th day of January , 1988, and that it was so adopted by the following vote: AYES: BI.ANN ON. NOES: NON~, ABSTAIN: NON~. ABSENT: NON~, HIGGINSON, KRUSE, TARZY, EMERY Marjorie ~. Wahlsten, City Clerk City of/Poway