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Res 99-083RESOLUTION NO. 99-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR ROADWAY SLOPES, DRAINAGE STRUCTURES, ET AL., IN PORTIONS OF SECTION 24, T14S, R2W, SBM, AND SECTION 19, T14S, R1W, SBM, PER DOCUMENT NO. 1993-0555781 OF OFFICIAL RECORDS (Vacation No. 99-04) WHEREAS, the City Council of the City of Poway desires to summarily vacate a certain easement for roadway slopes, drainage structures, et al., 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, said easement for roadway slopes and drainage structures and grading related thereto, and for the grading, construction, landscaping and maintenance of slopes and drainage facilities for the benefit of property adjacent to the easement in portions of Section 24, T14S, R2W, SBM and Section 19, T14S, R1W, SBM was granted to the City of Poway per Document No. 1993-0555781 of Official Records; and WHEREAS, the property adjacent to the easement has been graded in accordance with City approved grading plans; and WHEREAS, slopes and drainage structures within the property, including the former Wet'n Wild site, are being maintained by the respective property owners; and WHEREAS, easement for roadway slopes necessary for the construction of public streets, i.e. Scripps Poway Parkway, was included in the street's right-of-way dedication to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. 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 The City Council hereby finds that the hereinbelow easement has been superseded by relocation and there are no other public facilities within the easement. 3. The City Council hereby declares that the hereinbelow described easement is hereby vacated: Resolution No. 99 - 083 Page 2 An easement for roadway slopes and drainage structures and grading related thereto, and for the grading, construction, landscaping and maintenance of slopes and drainage facilities for the benefit of property adjacent to the easement in Portions of Section 24, T14S, R2W, SBM and Section 19, T14S, RIW, SBM per Document No. 1993-0555781 of Official Records recorded August 25, 1993. 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 Highways Code. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 19th day of October 1999. ATTEST: ~ L¢~o ~'~n'r~ eQo~e s.~C it'~CiCl~r k~ 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 Number 99 - 083 , was duly adopted by the City Council at a meeting of said City Council held on the 19th day of October 1999, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON