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Vacation 01-01 2001-0270763N0 RECORDING REQUESTED BY CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY CA 92074 No Transfer Tax Due 7 ., '0 - 1 -1 , E r. ' � 1 t-, -� �� �2 3798 JJF1111AL L 8M H030 GO[Jit!TY RFH0R'1tP":" F'FV1'- il I. .-EGORY, SMIIIIH FEES': illllllllllllll 2001-0270763 (This space for Recorder's Use Only) Resolution No. 01-021 (Please fill in document title on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 0ai q-11 IL O(-o77 WWO 1140 5799 RESOLUTION NO. 01 -021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE VACATION OF THE 20 FOOT OPEN SPACE AND EQUESTRIAN/ PEDESTRIAN EASEMENT WITHIN PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO.17310 (Vacation 01 -01) WHEREAS, the City Council of the City of Poway desires to vacate the Open Space and Equestrian /Pedestrian Easementwithin Parcel 1 and Parcel 2 of Parcel Map No. 17310 in accordance with the procedures provided in Chapter 3, Part 3, Division 9 of the State of California Streets and Highways Code, commencing at Section 8320; and WHEREAS, the Open Space, and Equestrian/ Pedestrian Easement was dedicated for public use through the recordation of Parcel Map No. 17310 on February 23,1994; and WHEREAS, the Open Space, and Equestrian /Pedestrian Easement no longer serves the public need as the trail was constructed on the northern portion of the adjacent property immediately to the south; and WHEREAS, the Open Space and Equestrian /Pedestrian Easement, when vacated, will allow the property owners of Parcel 1 and Parcel 2 of Parcel Map No. 17310 to use their property without restriction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: This vacation is made under the provisions of Chapter 3, Part 3, Division 9 of the State of California Streets and Highways Code. The City hereby finds that the Open Space and Equestrian /Pedestrian Easement within Parcel 1 and Parcel 2 of Parcel Map No. 17310 is unnecessary for public use. The City hereby declares that the Open Space and Equestrian /Pedestrian Easement within Parcel 1 and Parcel 2 of Parcel Map No. 17310 is hereby vacated, subject to compliance of conditions listed in item 4 below. 4. The City Clerk of the City of Poway is hereby directed to cause a certified copy of the above resolution to be recorded in the office of the San Diego County Recorder. 5800 Resolution No. 01 -021 Page 2 PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 17th day of April 2001. ATTEST: Lori Anne Peoples, City Clerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. 01 -021 , was duly adopted by the City Council at a meeting of said City Council held on the 17th day of April 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE trii1� 00 IiQ c>I "CQitiz Lori Anne Peoples, City Clerk City of Poway therebV0WW `IdWffWPW%ffNa pe4ury, that the above and taoo koboeandcaneotcopy of Res kMM Na O 1 -021 as adopted by the CAy Council of p0Way,CCMfunlaonthe 17th dcyof April, 2001. LORI ANNE PEOPLES, CITY CLERK by. A