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HomeMy WebLinkAboutItem No. 8CITY OF LADE . LSII`IORE 1W DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: JANUARY 8, 2013 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO VACATE A PORTION OF RIGHT -OF -WAY KNOWN AS NICHOLS ROAD Recommendations 1. Staff recommends that the City Council adopt Resolution No. 2013 -002 approving the Summary Vacation of a Portion of Nichols Road. 2. Direct the City Clerk to record Resolution No. 2013 -002 with the County of Riverside Recorder's office. 3. Approve the Quitclaim Deed and direct the City Clerk to record the document with the County of Riverside Recorder's office Background The Applicant is proposing a Summary Street Vacation of a portion of Nichols Road right -of -way lying between Northbound 1 -15 and El Toro Road near the City /County Boundary. This Right of Way is being realigned and the request for vacation is concurrent with a dedication of Right of Way, which will realign this segment of Nichols Road. The Vacation Segment exists as a paper street and all adjacent parcels have access to the surrounding public right -of -way. Discussion This is a Summary Vacation of a portion of the right -of -way known as Nichols Road within the incorporated limits of the City of Lake Elsinore. The Vacation Segment is located between the 1 -15 and the eastern boundary of the City, bordered on the north by APN 389 - 200 -024 and west by APN 389 - 200 -023. The excess portion of right -of -way is held in fee title by the City of Lake Elsinore. The Vacation Segment a paper street AGENDA ITEM NO. 8 Page I of 9 Summary Vacation of a portion of Nichols Road January 8, 2013 Page 2 and the proximity of the alignment next to a steep ravine makes it unsuitable for development as right -of -way. Additional Right of Way following the current location of the street will be dedicated concurrently with the vacation. All existing lots in the vicinity have access to Public Right -of -Way; and Staff is in agreement with this request. 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 Nichols Road 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. Fiscal Impact None. Prepared by: Dina Purvis Engineering Technician Ken A. Seumalo 105 Director of Public Works, City Engineer Approved by: Grant M Yates �y City Manager ��/ Attachments: Vicinity Map Resolution 2013- 00Z, Quitclaim Deed Plat Map Legal Description Page 2 of 9 LU w _ f } ��® , / / ƒ §\ // \ ` ` k % �, 2 k \ $ § It 7j cc /4 3 �» G ¥ VZ�N * _ z 0 k woa § k§ � ! e (( § / / \ \ \ r2 J am. aS o f yw ° I _ L24�_ \/ §( .oe �\ \/e / / )E! 3 z * a § \ » ° \( § » a a ƒ` % cN Q e § Page Je ) [ \ J. _ { 6 ( [ 22 : \ / - § b }\ § i / \ /y )§e )/j© Q(/ _ }s&ƒ �� e(` \ \ C\ % y _ . \ / * } � ) ƒ \/ - w § \ - ) ®>/ \\ \\ \\\} /} \\ t — `a. WT o \ \ w / h . � ! k\ \ + W\ ° �\ 2 % � } * *) @ & Z \ / 5 �t z``e` _ \ §mm /N %d( / /_§ ± ® / §>�� „ j[� § /go G . 4 _ RESOLUTION NO. 2013 -002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, VACATING A PORTION OF NICHOLS 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: [being a portion of Lot "D" of Parcel Map 25638, in the City of Lake Elsinore, County of Riverside, State of California, as per Map Recorded in Book 176, pages 82 through 86] ( "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 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. WHEREAS, public notice of the City Council's consideration of this Summary Vacation has been given, and 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 January 8th, 2013. 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. Page 5 of 9 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 8th day of January, 2013. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: VIRGINIA J BLOOM CITY CLELRK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Page 6 of 9 1 *14 M 141111 LEGAL DESCRIPTION OF NICHOLS ROAD RIGHT OF WAY (LOT "D ") VACATION IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE STATE OF CALIFORNIA Being Lot "D" of Parcel Map 25638, in the City of Lake Elsinore, County of Riverside, State of California, as per Map Recoded in Book 176, pages 82 through 86, inclusive, of Parcel Maps, lying within Section 25, Township 5 South, Range 5 West, San Bernardino Base and Meridian, being more particular described as follows: COMMENCING at the Northeast corner of said Section 25, thence southerly along the east line of said Section 25, South 00 245'27" West, a distance of 1983.20 feet to the most southerly corner of said Lot "D ", said point also being the TRUE POINT OF BEGINNING, said point also being the beginning of a non - tangent curve concave northerly and having a radius of 2060.00 feet, a radial bearing to said point bears South 02 200'07" West; Thence the following six courses along the southerly right of way of said Lot "D ": Thence westerly along said non - tangent curve, leaving said east line, through a central angle of 12 208'49 ", an arc distance of 436.73 feet to the beginning of a tangent line; Thence westerly along said tangent line, North 75 251'04" West, a distance of 629.15 feet to the beginning of a tangent curve concave southerly and having a radius of 1940.00 feet; Thence westerly along said tangent curve, through a central angle of 25 °06'30 ", an arc distance of 850.15 feet to the beginning of a non - tangent line, a radial bearing to said point bears North 10 257'34" West; Thence northerly along said non- tangent line, North 08900'20" East, a distance of 60.00 feet to the beginning of a non - tangent curve concave southerly and having a radius of 530.00 feet, a radial bearing to said point bears North 08900'20" East; Thence westerly along said non - tangent curve, through a central angle of 21900'13 ", an arc distance of 194.29 feet to the beginning of a tangent line; Thence westerly along said tangent line, South 77900'07" West, a distance of 965.08 feet to a point lying on the easterly right of way of Interstate 15 Freeway, as shown on said Parcel Map 25638; Thence westerly along said easterly line of Interstate 15 Freeway, North 73956'28" West, a distance of 72.06 feet to the most westerly corner of said Lot "D "; Thence the following six courses along the northerly right of way of said Lot "D ": Thence, North 77900'07" East, a distance of 296.44 feet to an angle point; Page 1 of 2 Page 7 of 9 Thence, South 12 259'53" East, a distance of 5.00 feet to an angle point; Thence, North 77 900'07" East, a distance of 831.08 feet to the beginning of a tangent curve concave southerly and having a radius of 2060.00 feet; Thence easterly along said tangent curve, through a central angle of 27 208'49 ", an arc distance of 976.04 feet to the beginning of a tangent line; Thence easterly along said tangent line, South 75°51'04" East, a distance of 629.15 feet to the beginning of a tangent curve concave northerly and having a radius of 1940.00 feet; Thence easterly along said tangent curve, through a central angle of 12 204'12 ", an arc distance of 408.68 feet to a point lying on the said east line of Section 25, a radial bearing to said point bears South 02 904'44" West; Thence southerly along said east line, South 00 945'27" West, a distance of 120.03 feet to the said TRUE POINT OF BEGINNING. Said dedication contains 268,741 square feet or 6.17 acres more or less. Subject to: covenants, conditions, restrictions, reservations, easements and right -of -ways of record, if any As shown on Exhibit "B" attached hereto and made a part hereof. KWC ENGINEERS CIVIL ENGINEERS • PLANNERS • SURVEYORS Kenneth W. Craw6rd, Jr" Date R.C.E. 26928 Expires 3 -31 -13 June 21, 2012 KWC /KWC /tmc RA1 1\1 305\SURVEY\LEGALS\1 305 VACATION.docx Page 2 of 2 Page 8 of 9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: City Clerk Exempt from Recording Fee Pursuant to Government Code Section 6103 Exempt from Documentary Tax Pursuant to R &T Code § 11922 QUITCLAIM DEED 111M I S I R I U I PAGE I SIZE I DA I MISC I LONG I RFD COPY 1 [ I All APN: _Lot "D" of Parcel Map 25638_ [ X I Portion 465 1 426 1 PCOR I NCOR I SMF I NCHG THIS LINE The undersigned grantor(s) declare(s) DOCUMENTARY TRANSFER TAX $ o computed on full value of property conveyed, or D computed on full value less liens and encumbrances remaining at time of sale. o City of Lake Elsinore FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Lake Elsinore hereby remise, release and quitclaim to _Castle & Cooke Lake Elsinore Outlet Centers Inc _ the following real property in the City of Lake Elsinore, County of Riverside, State of California, as described on attached Exhibit "A" 11. STATE OF CALIFORNIA COUNTY OF On Type /Print Name Name Here: before me, personally appeared (here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) MAIL TAX STATEMENT AS DIRECTED ABOVE Page 9 of 9