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