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Res 95-125RESOLUTION NO. 95-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE VACATION OF A SEWER EASEMENT LOCATED WITHIN LOT 2 OF MAP 12553, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 6, 1990 (VACATION 95-04) WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain sewer 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, a sewer easement described by the attached legal description and shown on the attached plat titled "Exhibit A" was dedicated to the public on Map 12553 recorded February 6, 1990 in the Office of the County Recorder. 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 g of the Streets and Highways Code of the State of California. The City Council hereby finds that the herein described sewer easement is unnecessary due to the fact that the remaining sewer easement is sufficient for the operation and maintenance of the sewer main within the easement. The City Council hereby declares that the following sewer easement is vacated: See attached legal description and plat titled "Exhibit A." 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 County Recorder of San Diego in accordance with the provisions of Section 8336 of the Streets and Highways Code of the State of California. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 12th day of December, 1995. Don H i gg i oF~s.g~_~yor ATTEST: Marjor~e\K. Wahlsten, City Clerk RESOLUTION 95-125 Page 2 STATE OF CALIFORNIA ) 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. 95-125was duly adopted by the City Council at a meeting of said City Council held on the 12th day of December, 1995, and that it was so adopted by the following votes: AYES: NOES: NONE ABSTAIN: NONE ABSENT: CALLERY CAFAGNA, EMERY, REXFORD, HIGGINSON Marj~. Wahlsten, City 'x~.] City of Poway C1 erk Resolution No. 95-125 Page 3 EXHIBIT A Legal Descript]on : A portion of an easement for sanitary sewer dedicated per Map 12553, filed in County, February follows : NO. the Office of the County Recorder of San Diego 6, 1990, and more particularly described as The easterly 2.50 feet of the westerly 15.00 feet of Lot 2 of City of Poway Tract No. 88-13, in the City of Poway, County of San Diego, State of California, according to Map thereof No. filed in the Office of the County Recorder of San Diego February 6, 1990. 12553, County, Exhi bi t "A" Resolution No. 95-125 ~age 4 FOOTMAN LANE N88~52~l~bi Existing 15.00' easement for sanitary sewer purposes per Map No. 12553 Existing 5.00' easement for storm drain purposes per Map No. 12553 Portion of existing easement for sanitary sewer purposes dedicated per Map No. 12553 vacated by action of City Council on Exhibit "A"