Vacation 94-02 1994-0497412
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RBCORDED AT THE REQUEST 0f1
CHICAGO TITlE CO,
RECORDING REQUESTED BY )
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WHEN RECORDED MAIL TO: )
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CITY OF POW A Y
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DOC" 1994=0497412
17-AUG-1994 02=07 PM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH. COUHTY RECORDER
FEES: 0.00
CITY CLERK
CITY OF POW A Y
P.O. BOX 789
POWAY, CA 92074
No Transfer Tax Due
This space for Recorder's Use)
SUMMARY VACATION 94-02
By the attached Resolution No. 94- o9CJ. the City of Poway, a municipal corporation,
ordered the summary vacation of a Pedestrian and Equestrian Easement in Lot 12 of City of
Poway Tract No. 88-01, Map No. 12123. (V AC 94-02)
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on Iggmson,
State of California )
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County of San Diego )
On this the /rRA day of aJ'~J; jyf'yI. before me,~ ~/~
the undersigned Notary Public, personally appeared Don Higginson and Marjorie K.
Wahlsten personally known to me to be the persons whose are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons or the entity upon behalf
of which the persons acted, executed the instrument. Witness my hand and official seaL
I ~ ~ ~ ~ ~ ~ ~ ~ ~ . . ~ ~ ~f
~. ..:. '. MARIE LOfTON
~ :';. ,_ ": COMM. # 1024766 ~
~ : _~ , "Notary P\dc - California >
I ~.., SAN DIEGO COUNlV I
~ _' ~ ~~c~m~.:~.-...MA~1~1~8...
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Notary Signature
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.194
RESOLUTION NO. 94-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF
A PEDESTRIAN AND EQUESTRIAN EASEMENT IN LOT 12 OF
CITY OF POWAY TRACT NO. 88-01, MAP NO. 12123
(Vacation 94-02)
WHEREAS, the City Council of the City of Poway desires to summarily
vacate a certain public service easement in accordance with the procedures
provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of
the State of California, commencing at Section 8330; and
WHEREAS, a pedestrian and equestrian easement in Lots 8, 9, 10, 11, and
12 of City of Poway Tract 88-01, Map No. 12123 was dedicated and accepted by
said City through the filing and recordation of the final map of said Map No.
12123 on July 14, 1988; and
WHEREAS, subsequently thereafter the recordation of said map in 1988,
the easement in Lot 12 of said Map No. 12123 was deemed unnecessary for the
master plan of the City trail system.
NOW, THEREFORE, 8E IT RESOLVED by the City Council of the City of Poway
as follows:
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.
2. The City hereby finds that the hereinbelow pedestrian and
equestrian easement has not been used for the purpose for which it
was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation (Section 8333a).
3. The City hereby declares that the hereinbelow described pedestrian
and equestrian easement is hereby vacated:
That 14-foot wide pedestrian and equestrian easement in Lot 12 of
City of Poway Tract No. 88-01, Map No. 12123 recorded July 14,
1988 in the Office of the Recorder of San Diego County.
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 Recorder of San Diego County in accordance with the provisions
of Section 8336 of the Streets and Highways Code.
4.
.195
Resolution No. 94-090
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 16th day of August 1994.
I hereby certify. under the penalty
01 perjury, that the above and
foregoing is a frue and correct
copy of Resolution No. '/ i/ - 0 Z" c;
as adopted by the City Council of
Poway, Ca~fornia on the 10M
day 01 ~ ,19 2if-.
MARJORIE K. W AHLSTEN, CITY CLERK
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ATTEST:
STATE OF CALIFORNIA )
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COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No. 94-090 was
duly adopted by the City Council at a meeting of said City Council held on the
16th day of August, 1994, and that it was so adopted by the following votes:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE