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Res 87-137RESOLUTION NO. 87-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN EQUESTRIAN AND PEDESTRIAN EASEMENT ON LOTS 8, 9, 15, 16, 17, 20, 21, 22, AND 23 OF THE CITY OF POWAY TRACT 4158, MAP NO. 10535 VACATION 87-06 WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain public service easement in accordance with the procedures provided therefore 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 within lots 8, 9, 15, 16, 17, 20, 21, 22, and 23 of City of Poway Tract 4158, Map No. 10535 was dedicated to the City of Poway per said Map No. 10535, recorded in the office of the County Recorder on December 8, 1982. NOW, THEREFORE, BE 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 Council hereby finds that the herein below described equestrian/pedestrian easement has been acquired or dedicated less than five years and more than one year immediately preceding the proposed vacation, and the easement was not used continuously since the date of dedication (Sec. 8333b), and that there are no in- place public utility facilities that are in use and would be affected by the vacation (Sec. 8334.5). 3. The City Council hereby declares that the following described equestrian/pedestrian easement is hereby vacated: See attached legal description. 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 Recorder of San Diego County in accordance with the provisions of Section 8336 of the Streets and Highways Code. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 20th day of October, 1987. ATTEST: Bruce~~rz~'~ Ma~~ Marjorie%K. Wahlsten, City Clerk RIDING AND HIKING TRAIL EASEMENTS TO BE VACATED: Ail those portions of City of Poway Tract No. 4158, Recorded December 8, 1982 as Map No. 10535 in the Office of the County Recorder of San Diego County: The easterly 20 feet of Lot 8. The westerly 20 feet of Lots 20, 21, 22, & 23. The northerly 10 feet of Lots 15, 16, 17, & 23. The Southerly 20 feet of Lot 9, the easterly terminus of said 20 feet being the westerly edge of the 20 foot wide sewer ease- ment recorded 9-18-61 as File No. 161899 of O.R. ATTACHMENT TO RESOLUTION NO. 87-137 STATE OF CALIFORNIA ) ) $$o 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. 87-137 , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of October , 1987, and that it was so adopted by the following vote: AYES: BRANNON, HIGGINSON, KRUSE, TARZY NOES: NONE ABSTAIN: NONE ABSENT: EMERY Marjorie K'. Wahlsten, City Clerk City of ~o~way