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Res 98-018RESOLUTION NO. 98-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE VACATION OF A PUBLIC STREET TO WIT: PARNELL COURT, ALL IN CITY OF POWAY TRACT 85-04 UNIT 2, MAP NO. 12572 (VACATION NO. 98-01) WHEREAS, the City Council of the City of Poway desires to vacate a portion of a public street in accordance with the procedures provided in Part 3, Division 9 of the Streets and Highways Code of the State of California, commencing at Section 8300; and, WHEREAS, Parnell Court was created and dedicated to the public through the recordation of the final map of City of Poway Tract 85-04 Unit 2, Map No. 12572, on February 28, 1990; and, WHEREAS, street and public utility lines within the street right-of-way; i.e., water, sewer, drainage, electric, gas and cable television, were designed, constructed, and/or installed in accordance with the specifications and standards of the City of Poway and the respective utility agencies; and, WHEREAS, said streets are confined only within Tract 85-04 Unit 2 and are not servient to any adjoining properties; and, WHEREAS, the property owners of Lots 78 through 84 in Tract 85-04 Unit 2 are desirous of vacating a portion of the public street; and, WHEREAS, the City of Poway will not reserve or except any vacation easements or appurtenant rights for the construction, maintenance, operation, replacement and removal of public utility facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. This vacation is made under the provisions of Part 3, Division 9 of the Streets and Highways Code of the State of California. 2. The City Council hereby finds that Parnell Court, all in City of Poway Tract 85-04 Unit 2, Map No. 12572, is unnecessary for present public use. 3. The City hereby declares that a portion of Parnell Court, all in the City of Poway Tract 85-04 Unit 2, Map. No. 12572, is hereby vacated. Resolution No. 98-018 Page 2 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 San Diego County Recorder in accordance with Section 8324, Part 3, Division 9 of the Streets and Highways Code. 5. The City Council hereby approves Tentative Parcel Map 97-01 and directs its recordation. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 10th day of March 1998. ATTEST: Mayor Marjorie ~.'y~/ahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. 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 Number 98-018, was duly adopted by the City Council at a meeting of said City Council held on the 10th day of March 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON ahlsten, City Clerk Y