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Res 86-011RESOLUTION NO.86-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE SUMMARY VACATION OF A STREET RESERVATION AND A SEWER EASEMENT, BOTH ALONG LOTS 42 AND 43 OF THE COUNTY OF SAN DIEGO TRACT NO 3842-2, MAP NO. 9770 (VACATION VAC 86-03) WHEREAS, the City Council of the City of Poway desires to summarily vacate a street reservation and a public service 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 3880, and WHEREAS, a street was reserved and dedicated to the County of San Diego by the approval and recordation of Tract No. 3842-2, as per Map No. 9770, recorded on August 26, 1980, and WHEREAS, by separate instrument, a sewer easement along Lots 42 and 43 of Tract No. 3842-2 was granted to Pomerado County Water District, and recorded on May 19, 1980, 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: The hereinbelow reserved street has been impassable for vehicular travel for a period of five consecutive years and no public money was expended for maintenance on the street during such period (Sec. 8331(a,b)). The hereinbelow described public service easement for sewer purposes has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding this vacation (Sec. 8333(a)). The City Council hereby declares that the following street and public service easement are hereby vacated: ae That certain reserved street along Lots 42 and 43 within the County of San Diego Tract No. 3842-2, recorded as Map No. 9770, on August 26, 1980, in the Office of the County Recorder in San Diego, California. Resolution No.86-011 Page 2 That certain public service easement for sewer purposes along Lots 42 and 43 of County of San Diego Tract No. 3842-2, as conveyed to Pomerado County Water District by separate instrument recorded as File/ Page No. 80-161178 on May 15, 1980, in the Office of the County Recorder of San Diego, California. 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 San Diego County 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 28th day of January, 1986. Carl R. Kruse, Mayor ATTEST: Ma~ori~ K. WahlsWen, City