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Res 18-040RESOLUTION NO. 18-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A SEWER EASEMENT (VACATION NO. 17-002) WHEREAS, the City Council of the City of Poway desires to vacate a sewer easement in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8300; WHEREAS, a sewer easement in a portion of Lot 12 of Map No. 12853, was dedicated to the City of Poway on Map No. 12853 for the purposes of conveying wastewater; and WHEREAS, a new public water easement has been recorded to replace the sewer easement that is proposed for vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: 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 (Code). Section 2: The City Council hereby finds that the easement has been replaced by another easement performing the same function (Section 8333(c)). Section 3: The City Council hereby declares that all of the sewer easement located along the westerly property line of Lot 12 of Map No. 12853 recorded August 19, 1991 as File No. 91- 423951, is hereby vacated. Section 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 San Diego County Recorder in accordance with the provisions of Section 8336 of the Street and Highways Code of the State of California. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 19th day of June 2018. Steve Vaus, Mayor ATTEST: Nancy ufeld, MC, City Clerk Resolution No. 18-040 Page 2 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No.18-040 was duly adopted by the City Council at a meeting of said City Council held on the 19th day of June 2018, and that it was so adopted by the following vote: AYES: GROSCH, LEONARD, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Na cyMeOfelcr CMC, City Clerk City of Poway