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HomeMy WebLinkAboutCC Reso No 2010-061RESOLUTION NO. 2010 -061 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, VACATING A PORTION OF LAKE STREET, FORMERLY KNOWN AS ROBB ROAD WHEREAS, the City Council of the City of Lake Elsinore has determined that a certain street right -of -way is no longer necessary to be utilized as public right -of -way, said street right -of -way being more particularly described as follows: [A Portion of Lake Street, lying southerly of Nichols Road] ( "the Vacation Segment "); and WHEREAS, the City Council of the City of Lake Elsinore desires to vacate the Vacation Segment pursuant to the procedures set forth in Streets and Highways Code section 8335; and WHEREAS, the vacation is permitted by law pursuant to the conditions set forth in Streets and Highways Code section 8333; and WHEREAS, in accordance with Streets and Highways Code section 8313, Planning Staff considered this summary vacation and determined that the vacation is consistent with the General Plan; and WHEREAS, The Vacation Segment would not be useful as a non - motorized transportation facility, has been superseded by relocation, and is excess right -of -way; and WHEREAS, that from and after the effective date of this Resolution, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement; and WHEREAS, Easements and rights necessary to maintain, operate, replace, remove, or renew in -place public utility facilities are reserved and excepted from the vacation; and WHEREAS, the City Council has considered evidence presented by the Planning Division, Engineering Division and other interested parties at a public meeting held with respect to this item on September 28th, 2010. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the foregoing recitals are true and correct. Resolution No. 2010 -061 Page 2 of 3 SECTION 2. That based on the evidence submitted at said public hearing, the City Council hereby finds that the streets described in this Resolution are unnecessary for present and prospective use. SECTION 3. That the right -of -way more particularly described above is hereby ordered to be vacated. SECTION 4. That the City Clerk is hereby ordered to record the Resolution of Vacation in the Riverside County Recorder's Office. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28th day of September, 2010 by City Council for the City of Lake Elsinore. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE G CAROL COWLEY INTERIM CITY CLELRK APPROVED AS TO FORM: k,'Ll G BA0ZBARA Z LEIBOLD CITY ATTORNEY Resolution No. 2010 -061 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) - I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010 -061 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of September 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE INTERIM CITY CI