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Res 89-159Resolution No. 89-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, STATE OF CALIFORNIA, ORDERING THE SUMMARY VACATION OF A SEWER EASEMENT WITHIN: LOTS 65 AND 66 OF CITY OF POWAY TRACT NO. 84-08 ACCORDING TO THE MAP THEREOF NO. 12044 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 88-177346 ON APRIL 18, 1988 {Vacation 89-11) WHEREAS, the City Council of the City of Poway desires to sun~arily vacate a certain public service easement in accordance with the procedures provided in Chapter 4, Part 3, Division g of the Streets and Highways Code of the State of California, con~nencing at Section 8330; and WHEREAS, a sewer easement within the attached legal description titled "Exhibit A" were dedicated to the City per Map 12044 known as City of Poway Tract No. 84-08 recorded as File No. 88-177346 on April 18, 1988 in the Office of the County Recorder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: This SUmmmmlary 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 The City Council hereby finds that the herein described public service easement has been superseded by relocation and there are no other public facilities located within the easement. 3. The City Council hereby declares that the following described sewer easement is hereby vacated: See attached legal description and plat titled Exhibit "A" and "B", respectively ® 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. PASSED, ADOPTED, AND APPROVED, by the~C.i~ty Council of the City of Poway, California, at a regular meeting this 261~i if Septemb_mb~eer, 1989. Carl Kruse, Mayor ATTEST: j 'i~. Wahlsten, City Clerk Resolution No. 89- 159 Page 2 STATE OF CALIFORNIA ) ) $$o 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. 89-159, was duly adopted by the City Council at a meeting of said City Council held on the 26th day of September, 1989 and that it was so adopted by the following vote: AYES: BRANNON, GOLDSMITH, NOES: NONE ABSTAIN: NONE ABSENT: EMERY HIGGINSON, KRUSE Marjorie K~ Wahlsten, City Clerk City of P~?ay Resolution No. 89-159 Page 3 EXHIBIT "A" SEWER EASEMENT VACATION THAT PORTION OF LOTS 65 AND 66 OF CITY OF POWAY TRACT MAP 84-08, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12044 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRlq. 18, 1988 DESCRIBED AS FOI'.I'.OWS: THE EASTERLY 20.00 FEET OF SAID LOTS 65 AND 66, ALL AS DEDICATED ON SAID MAP NO 12044. THIS LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT WERE PREPARED BY ME OR UNDER MY DIRECTION. FRANCIS W. FITZP~ICK L. S. 4539 LICENSE EXPIRES SEPT. 30, 1990 Resolution No. 89-159 Page 4 ~..~ LOTG$ PROPOSED $~YVER ~m,4,~MENT E'DBN GROV~ EXHIBIT "B" PROPOSED SEWER EASEMENT VACATION