HomeMy WebLinkAboutCC Reso No 2011-012 City Council ResoRESOLUTION NO. 2011-012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, VACATING ROAD RIGHT-OF-WAY OF A
PORTION OF RILEY STREET AND RESERVING AN EASEMENT FOR
EXISTING UTILITIES
WHEREAS, the City is authorized to vacate all or part of a public street or public
service easement within the City pursuant to the Public Streets, Highways and Service
Vacation Easements Law (California Streets and Highways Code, section 8300 et. seq.);
and
WHEREAS, the City Council desires to vacate, for public street purposes, a
portion of Riley Street between Sumner Avenue and Pottery Street, which is more
particularly described on Attachments "A" and "B" attached hereto; and
WHEREAS, the Planning Commission has determined the requested vacation is
consistent with the General Plan pursuant to California Government Code section 65402;
and
WHEREAS, the City Engineer has reviewed the legal description and plat map
(Attachments "A" and "B") and determined that the vacated portion of Riley Street is not
needed for present or future public street purposes; and
WHEREAS, the legal description and plat map are technically correct and in
compliance with Chapter 3, Part 3, Division 9 of the Streets and Highways Code, State
law and local ordinances applicable at this time; and
WHEREAS, Section 8340(c) of the California Streets and Highways Code requires
that unless public convenience and necessity require otherwise, the City must reserve
and except from the vacation any easement and right necessary to maintain, operate,
replace, remove and renew public utility facilities; and
WHEREAS, utility providers may have in-place public utility facilities whose
easements and rights are necessary to maintain, operate, replace, remove, or renew
such in-place public utility facilities, which are hereby reserved and excepted from the
vacation, as set forth in Attachment "C"; and
WHEREAS, notice of the City Council's consideration of this vacation proceeding
has been given pursuant to Street and Highways Code sections 8320 and 8322; and
WHEREAS, the City Council did hear the evidence offered by all persons
interested in said proposed vacation and does not find from all the evidence submitted
that the portion of Riley Street to be vacated is necessary for present or future public
street purposes.
CITY COUNCIL RESOLUTION NO. 2011- 012
PAGE 2OF3
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.
SECTION 2. That it is the Council's finding, based on all the evidence submitted,
that the portion of Riley Street described in the legal description and map attached as
Attachments "A" and "B" subject to the reservations for utilities and maintenance
access set forth above, is not necessary for present and prospective use.
SECTION 3. That the Council hereby vacates, for public street purposes,
portions of Riley Street as described in Attachment "A" and "B".
SECTION 4. That the Council reserves and exempts from these proceedings
easements for public utility purposes as set forth in Attachment "C".
SECTION 5. That, pursuant to Street and Highways Code section 8324(b), the
vacation of a portion of Riley Street as described herein shall be conditioned upon the
recordation of a reciprocal easement between the Redevelopment Agency of the City of
Lake Elsinore and the property owner at the northwest corner of Sumner Avenue and
Riley Street allowing access to such property owner's existing parking lot and other
ancillary easement uses.
SECTION 6. That the City Clerk is hereby ordered to record this Resolution of
Vacation in the Riverside County Recorder's Office.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 8th day of February, 2011.
AMY BHU R
f CITY OF LAKE ELSINORE
ATTEST:
VIR.GINKM
CITY CLERK
A OVED ATTOF
P:
R
M
:
B BARA LEIBOLD, CITY ATTORNEY
CITY COUNCIL RESOLUTION NO. 2011- 012
PAGE 3OF3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2011- 012 was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 8th day of February 2011,
and that the same was adopted by the following vote:
AYES: COUNCIL MEMBERS: HICKMAN, MELENDEZ, TISDALE,
MAYOR PRO TEM MAGEE AND MAYOR BHUTTA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
VIRGIN A . BL"
CITY CLERK