HomeMy WebLinkAbout2010-04-13 City Council Item No. 9CITY OF
LADE - 9 LSI110RE
-_~%`v DREAM EXTREME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: APRIL 13, 2010
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE VACATING THE PUBLIC ROAD EASEMENT RIGHTS IN
TRACT 31706, BRIDGEGATE COMMUNITY
Background
Tract 31706, 31706-1, 31706-4, and 31706-5 (Bridgegate) lie within the planned
community of Canyon Hills. The streets within these tracts are currently public. They
are Hillside Drive, Desert Rose Way, Trailside Drive, Ocotillo Court, Coyote Creek
Road, Saddle Hill Road, Redberry Palms Court, Morning Glory Court, Suncrest Drive,
Chicory Court, Piney Circle, Foxwood Court, and Oakridge Court. The developer has
asked the City to relinquish the public rights to the streets, and make them private.
Bridgegate is a private, gated community.
Discussion
Tentative Map 31706 was approved at the Planning Commission meeting on April 20,
2004, and by the City Council on May 11, 2004. At the time the tentative map was
approved, the streets within the community were expected to be private. During the
course of the recordation of the final map, the streets were dedicated as public.
The Streets and Highways Code requires that the City reserve easements for any public
utilities that exist within the public right of way proposed to be vacated. In addition, the
City will also reserve easements for emergency vehicle access. The notice of
Resolution of Intent was passed by the Council on March 23rd, 2010. The public has
the opportunity to bring any issues to light at tonight's meeting.
AGENDA ITEM NO. 9
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General Vacation of Public Streets in TR 31706
April 13, 2010
Page 2
Fiscal Impact
There will be a reduction in the City's maintenance efforts due to the vacation, as the
homeowner's association will be responsible for maintenance when the streets become
private. The street right of way is held in easement with no fee interest, and, therefore,
has no public value.
Recommendations
Staff recommends that the City Council continue this item to the April 27, 2010 regular
City Council meeting to ensure proper noticing of all affected parties.
Prepared by: Ken A. Seumalo
Director of Public Works
Approved by: Robert A. Brady
City Manager JJa~AVV
Attachments: Vicinity Map
Resolution of General Vacation
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VICINITY MAP
TRACT 31706
VACATION OF PUBLIC STREETS
CITY COUNCIL APRIL 13, 2010
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RESOLUTION NO. 2010-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, VACATING THE PUBLIC ROAD
EASEMENT RIGHTS IN TRACT 31706, BRIDGEGATE COMMUNITY
WHEREAS, the City Council of the City of Lake Elsinore on March 23,
2010 did adopt Resolution of Intention No 2010-013declaring their intention to
vacate the public streets in Tract 31706, more particularly described in Exhibit A
attached hereto; and
WHEREAS, the City Council did hear evidence offered by all persons
interested in said proposed vacation and does not find from all the evidence
submitted that the public streets in Tract 31706 will be negatively affected by the
change to private use; and
WHEREAS, the City Council did find in said Resolution that the proposed
vacation was in accordance with the Growth Management Policies and is
consistent with the General Plan of the City, and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. That pursuant to Division 9, Part 3, Chapter 3 of the
California Streets and Highways Code the public streets in Tract 31706 as
described in Exhibit A are hereby vacated for public use, and conveyed to the
developer for private use.
SECTION 3. That easements and rights necessary to maintain,
operate, replace, remove or renew in-place public facilities over the entire road
easement are reserved and excepted from the vacation
SECTION 4. That an easement for emergency vehicle access, public
utilities and public utility access, together with a private road easement for legal
access for the benefit of all residents in Bridgegate, Tract 31706 is reserved over
the entire road dedication shown on Exhibit A.
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RESOLUTION NO. 2010-18
Page 2 of 3
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 13th day of April, 2010.
Melissa A. Melendez, Mayor
ATTEST:
Carol Cowley, Interim City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
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RESOLUTION NO. 2010-18
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. CC-2010-018 was adopted by the City Council of the City of
Lake Elsinore at a regular meeting held on the 13th day of April 2010, and that the same
was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CAROL COWLEY
INTERIM CITY CLERK
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