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HomeMy WebLinkAboutCC Reso No 2013-002 CC Reso Vacating Portion of Nichols RdRESOLUTION 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. 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 SINORE �T�'EST: ,, n U Q �y(Jyt� J , VIRGINIA J BLOOM CITY CLELRK APPROVED AS TO FORM: BARBARA ZEID,CEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -002 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 8th day of January 2013, and that the same was adopted by the following vote: AYES: Council Member Tisdale, Council Member Manos, Council Member Hickman, Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None it mia Bloo CMC City CU