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Res 93-001RESOLUTION NO. 93-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA. ORDERING THE SUMMARY VACATION OF A PEDESTRIAN TRAIL EASEMENT ON LOT 234, CITY OF POWAY TRACT NO. 4191-3BR, MAP NO. 12082 PER DOCUMENT NUMBER 1ggl-o281691, OFFICIAL RECORDS (VACATION 91-12) WHEREAS, the City Council of the City of Poway desires to summarily vacate certain public services easements in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Street and Highways Code of the State of California, commencing at Section 8330; and WHEREAS, said easements were dedicated to the City of Poway per Document Number 1991-0281691, recorded respectively in the Office of the San Diego County Recorder on June 12, 1991; and WHEREAS, due to the realignment of the pedestrian trail this portion of the existing pedestrian trail easement is no longer needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 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. ® The City Council hereby finds that the Pedestrian Trail Easement has not been utilized and that the date of dedication or acquisition is less than five years and more than one year, imme- diately preceding the proposed vacation, and the easement was not used continuously since that date. {Sec. 8333 {B) of the Streets and Highways Code. 3. The City Council hereby declares that the following described Pedestrian Trail easement is hereby vacated. ® 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 pro- visions of Section 8333 {B) 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 5th day of January, 1993. ATTEST: Marjorte X. Wahlsten, City Clerk Don Higgi nson,(J~or - Resolution No. 93-001 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 penalty of perjury that the foregoing Resolution No.93-001 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of January, 1993 and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie~K. Wahlsten, City Clerk City of Poway Resolution No. 93-001 Page 3 PEDESTRIAN TRAIL EASEMENT VACATION That portion of Lot 234 of City of Poway Tract No. 4191-3BR, Map No. 12082 filed in the office of the County Recorder of San Diego County on May 27, 1988, in the City of Poway, County of San Diego, State of California, more particularly described as follows: Commencing at the most Southwesterly corner of said Lot 234 of said City of Poway Tract No. 4191-3BR, also being a point on the Easterly right-of-way line of Arbolitos Drive and also being on the boundary of said Tract No. 4191-3BR; thence Northeasterly along said Easterly right-of-way line North 21 °33'38" East, 5.00 feet; thence leaving said right-of-way line South 68026'22" East, 95.00 feet; thence North 21 °33'38" East, 41.11 feet to the True Point of Beginning; thence continuing along North 21033'38" East, 129.65 feet; thence South 76020'55.' East, 69.35 feet; thence South 13° 39'05" West, 5.00 feet to the boundary of said Tract No. 4191-3BR; thence along said boundary North 76020'55" West, 65.00 feet; thence continuing along said boundary South 21 °33'38" West, 125.30 feet; thence leaving said boundary North 68026'22" West, 5.00 feet to the True Point of Beginning. ATTACHMENT I Resolution No. 93-001 Page 4 ATTACHMENT 2