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Res 86-004 RESOLUtiON NO. 86-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT WITHIN PARCEL' 52 'OF RECORD OF SURVEY NO. 4253 (VACATION VAC 86-01) WHEREAS, the City Council of the City of Poway desires to summarily vacate a public service easement in accordance with the procedures provided thereof in Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8330, and WHEREAS, by separate instrument, a sewer easement along Parcel 52 of Record of Survey No. 4253 was granted to the City of Poway, and recorded on June 15, 1981. 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: ae The hereinbelow described public service easement for sewer purposes was acquired less than five years and more than one year immediately preceding the date of this resolution, and it has never been in continuous use since its acquisition (Section 8333(b)). That alternate location for the sewer easement was granted and conveyed to the City of Poway. The City Council hereby declares that the following public service easement is hereby vacated: That certain public service easement as granted along Parcel 52 of Record of Survey No. 4253, as conveyed to the City of Poway by a separate. instrument recorded as File/Page No. 81-185642 on June 15, 1981,'in the Office of the' County Recorder of San Diego County, California. Resolution No. 86-004 Page 2 0 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 County Recorder of the County of San Diego in accordance with the provisions of Section 8336(a) of the Streets and Highways Code. PASSED AND ADOPTED by the City Council of the City of Poway, California at a regular meeting thereof this 21st day of January, 1986. Carl R. Kruse, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk