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Res 88-130Resolutlon No. 88-[30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF DRAINAGE EASEMENT IN LOTS 247 AND 248 OF CITY OF POWAY TRACT NO. 4191-3BR, MAP NO. 12082 (Vacation 88-14) 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, the drainage easement in Lots 247 and 248 of City of Poway Tract No. 4191-3BR, Map No. 12082 was dedicated to and accepted by said City through the filing and recordation of the final map of said Map No. 12082 on May 27, 1988 in the office of the County Recorder; and WHEREAS, subsequent to the recordation of said Map, the installation of underground drainage piping and appurtenances was completed, and WHEREAS, immediately thereafter said completion, the developer, Standard Pacific, had constructed the slab and foundation of the proposed residence in lot 248 of said Tract, and WHEREAS, the chimney foundation was inadvertently constructed within said easement, and WHEREAS, Standard Pacific had executed the documents for the replacement drainage easement dedication. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: This summmllary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California. The City Council hereby finds that the hereinbelow described drainage easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately proceeding the pro- posed vacation {Section 8333a) and the easement has been superseded by relocation and there are no other public facilities located within the easement {Section 8333c). 3. The City Council hereby declares that the hereinbelow described drainage easement is hereby vacated: Being a 20.00 foot wide drainage easement in portions of Lots 247 and 248 of City of Poway Tract No. 4191-3BR, Map No. 12082, recorded May 27, 1988. The City Clerk of the City of Poway is hereby directed to cause a cer- tified 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. Resolution No. 88-130 Page 2 PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 15th day of November,1988. ATTEST: Marjorie I~. Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution, No. 88-130 , was duly adopted by the City Council at a meeting of said City Council held on the 15th day of November , 1988, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NONE NONE NONE Marjorie K. Wahlsten, City Clerk City o f~.Poway