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Res 01-021RESOLUTION NO. 01-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE VACATION OF THE 20 FOOT OPEN SPACE AND EQUESTRIAN/ PEDESTRIAN EASEMENT WITHIN PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO.17310 (Vacation 01-01 ) WHEREAS, the City Council of the City of Poway desires to vacate the Open Space and Equestrian/Pedestrian Easement within Parcel 1 and Parcel 2 of Parcel Map No. 17310 in accordance with the procedures provided in Chapter 3, Part 3, Division 9 of the State of California Streets and Highways Code, commencing at Section 8320; and WHEREAS, the Open Space, and Equestrian/Pedestrian Easement was dedicated for public use through the recordation of Parcel Map No. 17310 on February 23,1994; and WHEREAS, the Open Space, and Equestrian/Pedestrian Easement no longer serves the public need as the trail was constructed on the northern portion of the adjacent property immediately to the south; and WHEREAS, the Open Space and Equestrian/Pedestrian Easement, when vacated, will allow the property owners of Parcel 1 and Parcel 2 of Parcel Map No. 17310 to use their property without restriction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: This vacation is made under the provisions of Chapter 3, Part 3, Division 9 of the State of California Streets and Highways Code. The City hereby finds that the Open Space and Equestrian/Pedestrian Easement within Parcel 1 and Parcel 2 of Parcel Map No. 17310 is unnecessary for public use. The City hereby declares that the Open Space and Equestrian/Pedestrian Easement within Parcel 1 and Parcel 2 of Parcel Map No. 17310 is hereby vacated, subject to compliance of conditions listed in item 4 below. The City Clerk of the City of Poway is hereby directed to cause a certified copy of the above resolution to be recorded in the office of the San Diego County Recorder. Resolution No. 01-021 Page 2 PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 17th day of April 2001. ATTEST: Lori Anne Peoples, City Clerk ' 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 No. 01-021 , was duly adopted by the City Council at a meeting of said City Council held on the 17th day of April 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE [ori Anne Peoples, City Clerk City of Poway