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