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Res 95-034Resolution No. 95-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR COUNTY HIGHWAY RECORDED MARCH 6, 1969 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY (Vacation 95-02) WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain public highway 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, an Easement of County Highway was dedicated to the County of San Diego as Document No. 40121 on March 6, 1969 in the Office of the County Recorder; and WHEREAS, subsequent to said recordation, the said easement was never utilized for its intended purpose; and WHEREAS, upon incorporation on December 1, 1980, the City of Poway became the successor in interest to the County of San Diego for the above public highway easement. 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. 2. The City Council hereby declares that the following described Easement for County Highway is hereby vacated: See Exhibits "A," "B," and "C" attached. 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 Highway Code. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 23rd day of May, 1995. Don Higginson, ~ ATTEST: Marjor~. Wa~lsten, City Clerk Resolution No. 95q334 Page 2 STATE OF CALIFORNIA ) ) SS. 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. 95- 034 was duly adopted by the City Council at a meeting of said City Council held on 23rd day of May, 1995 and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: CALLERY, REXFORD Marjorie ~. Wahlsten, City Clerk City of~P, P~way Resolution No. 95-034 Page 3 EXHIBIT "A" SUMMARY VACATION All that land described in the deed recorded March 6, 1969, as Document No. 40121 of Official Records being an Irrevocable Offer to Dedicate Real Property for the Purposes of a Public Highway to the County of San Diego. Resolution No. 95-034 Page 4 P.U.S.D CITY OF POWAY ITEM: EASEMENT VACATION P.U.S.D PROPERTY TITLE : EXHIBIT "B" SCALE : a,T.s. ATTACHMENT Resolution No. 95-034 N88'4.0'14-"W 24-1.86' SHEET 1 OF 1 SHEETS -~ COR. SE ~/,~ SEC. _-) ~ i)0'19'40"W __ 37.78' N 17'21 '00" E 62.42' L~ / /// /// // .00' /  INDICATES LIMITS OF EASEMENT FOR COUNTY HIGHWAY TO BE QUITC~.IMED }F{TJON 9 1/25£ 1/4 / // CL PROPOSED CITY OF POWAY ;EWER EASEMENT // SECTION A: 16'55'56" R=600.O0' L:177..51' A:71'52'00" R:200.00' L:250.86' PLAT TO ILLUSTRATE LEGAL DESCRIPTION EXHIBIT "C"