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Home My WebLink About2009-04-28 City Council Item No. 8 CITY OF • LADE 6 LSINORJ DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 28, 2009 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO VACATE AND QUITCLAIM A PORTION OF RIGHT -OF- WAY KNOWN AS FLINT STREET Background Flint Street is a right -of -way lying between Lewis Street and Scrivener Street. The subject portion of Flint Street ( "the Vacation Segment ") is not generally used by the public for street purposes. The Vacation Segment is not a city maintained road. Traffic circulation in the area surrounding the Vacation Segment is accommodated by existing roads. Consequently, the Vacation Segment exists only on paper and is not essential to the circulation system of the surrounding area. Discussion The Vacation Segment is bordered on the east side by a ravine making it unsuitable for construction as right -of -way. Access to the property in the vicinity is accomplished by existing rights -of -way, Lowell Street, Scrivener Street, Lewis Street and Silver Street. In accordance with Streets & Highways Code section 8313, the Planning Commission considered the summary roadway vacation and whether it conforms to the General Plan. The Planning Commission found that the vacation of Flint Street would conform to the City's existing General Plan. The summary vacation complies with all other requirements of Streets and Highways Code sections 2381, and 8300 -8363. Staff has determined that no properties will be landlocked as a result of the abandonment Agenda Item No. 8 Page 1 of 10 Summary Vacation of Flint Street April 28, 2009 Page 2 Fiscal Impact None. Recommendations 1. Adopt Resolution No. approving the Summary Vacation of a Portion of Flint Street. 2. Approve the Quitclaim Deed and direct the City Manager to process the document with Riverside County. Prepared by Ken A. Seumalo 0 Director of Public Works, City Engineer Approved by: Robert A. Brady O City Manager V� Attachments: Vicinity Map Resolution of Summary Vacation Quitclaim Agenda Item No. 8 Page 2 of 10 VICINITY MAP Vacation Request Flint/Scrivener /r 1 PROJECT SITE FC/AlT st co co V Agenda Item No. 8 Page 3 of 10 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, VACATING A PORTION OF FLINT STREET AND AUTHORIZING THE PROCESSING OF A QUITCLAIM. 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: Parcel 1: Beginning at a point on the northerly line of Flint street, said point being the northerly prolongation of the easterly line of Scrivener Street, as shown on Map Book 8, Page 378 of San Diego County, California; Thence, along said northerly line, north 71 °34'20" west, a distance of 235 feet, more or Tess to the most westerly corner of that certain property described in Grant Deed, instrument number 0612616, recorded November 11, 2008; Thence, leaving said northerly line, south 18 °24'52" west, a distance of 30.00 feet, to the centerline of said Flint Street; Thence, along said centerline south 71 °34'20" east, a distance of 235 feet, more or less to a point on the northerly prolongation of said easterly line of Scrivener Street; Thence leaving said centerline, north 18 °24'52" east, a distance of 30.00 feet to the point of beginning. Parcel 2: Beginning at the southwest corner of lot 19, in block 75, of Healds Re- Subdivision of Elsinore, as shown in Map Book 8, Page 378, County of San Diego, State of California, said point lying on the southerly line of Flint Street, as shown on Map Book 8, Page 378 of San Diego County, California; Thence, along the prolongation of the westerly line of said lot 19, north 18 °24'52" east, a distance of 30.00 feet to a point on the centerline of said Flint Street; Thence along said centerline, south 71 °34'20" east, a distance of 150.00 feet to a point on the northerly prolongation of the easterly line of said lot 19; Thence, leaving said centerline, south 18 °24'52" west, a distance of 30.00 feet; Thence north 71 °34'20" west, a distance of 150.00 feet, to the point of beginning. ( "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, the Planning Commission considered this summary vacation and determined that the vacation is consistent with the General Plan; and Agenda Item No. 8 Page 4 of 10 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, the City Council has considered evidence presented by the Planning Commission, Engineering Division and other interested parties at a public meeting held with respect to this item on April 28, 2009. 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 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 and Quitclaim Deed 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 April, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN, CMC CITY CLERK Agenda Item No. 8 Page 5 of 10 APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY STATEOF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE) I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28 day of April, 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CMC CITY CLERK Agenda Item No. 8 Page 6 of 10 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: City Clerk This instrument is for the benefit to the City of Lake s R U PAGE SIZE DA MISC LONG RFD COPY Elsinore and is exempt from Recording Fee Pursuant to Government Code Section 6103 M A L 465 426 PCOR NCOR SMF NCHG EXAM Exempt from Documentary Tax Pursuant to R &T Code § 11922 T. CTY UNI SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY QUITCLAIM DEED The undersigned grantor(s) declare(s) TRA: DOCUMENTARY TRANSFER TAX $ 0 ❑ computed on full value of property conveyed, or All [ ] ❑ computed on full value less liens and encumbrances remaining at time of sale APN: [ ] Portion ❑ City of Lake Elsinore FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledge, CITY OF LAKE ELSINORE, a California municipal corporation, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to GARY M. MORRIS AND ELENA J. MORRIS, as co- trustees of THE MORRIS FAMILY TRUST dated October 1, 2007, that certain real property adjacent to APN 377 - 150 -055 shown as Parcel 1, and; ANDRES QUIROZ AND CASSANDRA QUIROZ, husband and wife as community property, that certain real property adjacent to APN 374 - 032 -008 shown as Parcel 2, Parcels 1 and 2 identified and described in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by this reference, located in the City of Lake Elsinore, County of Riverside, State of California DATED: City of Lake Elsinore Robert A. Brady, City Manager Agenda Item No. 8 Page 7 of 10 EXHIBIT "A" LEGAL DESCRIPTION FOR THE ABANDONMENT OF PORTIONS OF FLINT STREET, IN THE CITY OF LAKE ELSINORE, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT A POINT ON THE NORTHERLY LINE OF FLINT STREET, SAID POINT BEING THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SCRIVENER STREET, AS SHOWN ON MAP BOOK 8, PAGE 378 OF SAN DIEGO COUNTY, CALIFORNIA; THENCE, ALONG SAID NORTHERLY LINE, NORTH 71 °34'20" WEST, A DISTANCE OF 235 FEET, MORE OR LESS TO THE MOST WESTERLY CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN GRANT DEED, INSTRUMENT NUMBER 0612616, RECORDED NOVEMBER 11, 2008; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 18 °24'52" WEST, A DISTANCE OF 30.00 FEET, TO THE CENTERLINE OF SAID FLINT STREET; THENCE, ALONG SAID CENTERLINE SOUTH 71 °34'20" EAST, A DISTANCE OF 235 FEET, MORE OR LESS TO A POINT ON THE NORTHERLY PROLONGATION OF SAID EASTERLY LINE OF SCRIVENER STREET; THENCE LEAVING SAID CENTERLINE, NORTH 18 °24'52" EAST, A DISTANCE OF 30.00 FEET TO THE THE POINT OF BEGINNING. PREPARED BY: g. IMO MARK W. CHRISTENSEN, PLS 5266 DATE: cu am 5266 1 , 4 ,2:!/22 . *1 \1?0, OF C1LV 0 ✓ Agenda Item No. 8 Page 8 of 10 EXHIBIT "A" LEGAL DESCRIPTION FOR THE ABANDONMENT OF PORTIONS OF FLINT STREET, IN THE CITY OF LAKE ELSINORE, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2 BEGINNING AT THE SOUTHWEST CORNER OF LOT 19, IN BLOCK 75, OF HEALDS RE- SUBDIVISION OF ELSINORE, AS SHOWN IN MAP BOOK 8, PAGE 378, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID POINT LYING ON THE SOUTHERLY LINE OF FLINT STREET, AS SHOWN ON MAP BOOK 8, PAGE 378 OF SAN DIEGO COUNTY, CALIFORNIA; THENCE, ALONG THE PROLONGATION OF THE WESTERLY LINE OF SAID LOT 19, NORTH 18 °24'52" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID FLINT STREET. THENCE ALONG SAID CENTERLINE, SOUTH 71 °34'20" EAST, A DISTANCE OF 150.00 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 19; THENCE, LEAVING SAID CENTERLINE, SOUTH 18 °24'52" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 71 °34'20" WEST, A DISTANCE OF 150.00 FEET, THE THE POINT OF BEGINNING. PREPARED BY: /f/ (D) " • CHR is j Ffr G - MARK W. CHRISTENSEN, PLS 5266 DATE: : No. 5266 /Z/ Agenda Item No. 8 Page 9 of 10 N CO N r O I- I- Y W 0) N O O m H J > _ 0 0 0 M 033�ILS - 1 - 1]M0 - 1 rx m N p O z _ �+r' ° J N1824'52 "E b N O H W Z N 6C.0' M 0_ 0 W OUW fx> 0 , 13M01 CLh-p 0 0 m N W ry > 0 -- O ww O i ~ H. Z ~ NV �� Q 0 1 o z 1S SIMTI 2 1 1 0 N A c 0 1S a3n1IS 0 PO Pro m 0 0 L m ° 1 I m ■ fx 0 p � j0 I F- ! O Lr) w w � i9 0 6 ' � J N V z z y J D N18 4'5 "E 0 *aci,, ri 9 $ w o w r Sti& a 30' 3Q I J L. 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