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HomeMy WebLinkAbout14-329 General Street Vacation for Street Right-of-WayCITY OF ii`c� LADE LSII` OR E r `J DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: GENERAL STREET VACATION FOR STREET RIGHT -OF -WAY AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOT 'H' (OBARIA WAY) AND LOT `R' (HERMOSA DRIVE) WITHIN TRACT 36115 -1 Recommendations Conduct the Public Hearing to vacate portions of Lot H ( Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115 -1 that was opened at the October 14, 2014 City Council meeting and continued to this October 28, 2014 meeting. 2. Adopt Resolution of Vacation No. 2014- ; A Resolution of the City Council of the City of Lake Elsinore, California, Vacating Street Right -Of -Way and Portions of Public Utility Easements Adjacent to Lot "H" and Lot "R" within Tract 36115 -1. Background Pardee Homes is requesting a vacation of portions of street rights of way and public utility easement in conjunction with extension and re- alignment of Obaria Way and Hermosa Drive. These streets are being re- aligned to provide access to the property east of Tract 36115 -1. The general vacation of right -of -way and public utility easements consists of portions of Lot 'H' ( Obaria Way) and Lot 'R' (Hermosa Drive). Lot Line Adjustments have been submitted to re -align the lots lines adjacent to Obaria Way and Hermosa Drive in the affected areas. On September 2, 2014, the Planning Commission adopted Resolution 2014 -239 finding that the proposed vacation conforms to the City's General Plan Circulation Element. A resolution of the City Council declaring its intent to vacate portions of Lot H ( Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements adjacent to Lot 'H' and Lot 'R' within Tract Map No. 36115 -1 was adopted as Resolution No. 2014 -070 on September 23, 2014. General Street Vacation for Lot 'H' and Lot 'R'within Tract Map No. 36115-1 October 28, 2014 Page 2 On October 14, 2014, council opened the public hearing, but continued the public hearing until October 28, 2014 to allow sufficient time for public noticing of the proposed vacation. Pardee Homes is requesting to re-align and extend Obaria Way and Hermosa Drive to provide access to the property east of Tract 36115-1. This action will provide improved access to this property east of Tract 36115-1, thus improving circulation. The general vacation segments are excess right-of-way once the future street dedication is accepted. Staff is in agreement with this request. Fiscal Imp4c On July 7, 2014, Pardee Homes paid a $1,200 fee for processing the vacation documents. Prepared by: Walter Allison City Engineer Approved by: Vince Damasse Director of Public Works A U Cy- Gt ". Yt App ve b . k-� ran L IVI a Y L es City Manager A t-WOU III I I e I I LZ). 1. City Council Resolution 2014-070 2. Legal Description 3. Vicinity Map 4. Plat Map 5. Planning Commission Resolution 2014-239 approved September 2, 2014 6. City Council Resolution No. 2014® EXHIBIT ACA" SHEET 1 OF 2 LEGAL DESCRIPTION VACATION OF STREET RIGHT OF WAY PORTIONS OF LOT `H' AND LOT `R7, OF TRACT NO. 36115-1, M.B. 43913 -12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. PARCEL A: Being a portion of Lot'R', of Tract Map 36115 -1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Beginning at the southwest corner of Lot 44 of said Tract No. 36115 -1; Thence, along the westerly line of said Lot 44, North 8 °02'38" West 25.44 feet to the beginning of a tangent curve concave northeasterly having a radius of 105.00 feet; thence northerly 27.62 feet, along said curve and said westerly line, through a central angle of 15 004'09" to the beginning of a curve in the westerly line of said lot 44, concave easterly having a radius of 275.00 feet; thence southerly, on the southerly prolongation of said curve 26.24 feet, along said curve, through a central angle of 5 °28'04 "; thence tangent from said curve South 1'33'26" West 31.93 feet; thence South 43 °43'35" East 12.55 feet to a point in the westerly line of Lot 45 of said Tract No. 36115 -1, said point also being the most northerly corner of the land described in a Grant Deed, recorded 6/25/2014 as DOC # 2014- 0233815,.of Official Records of said County; thence. Along the westerly line of said Lot 45, North 8 00238" West 14.56 feet to the Point of Beginnina. Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Exhibit `13'. Contains 201 Sq. Ft. or 0.005 acres, more or less. PARCEL B: Being a portion of Lot'H', of Tract Map 36115 -1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Commencing at the northwest corner of Lot 49 of said Tract No. 36115 -1; thence along the northerly line of said Lot 49 South 89 °00'36" East 45.75 feet to the True Point of Beginning; thence, continuing along the easterly prolongation of the northerly line of said Lot 49, South 89 °00'36" East 105.24 feet to a point in the northerly line of Lot 47 of said Tract No. 36115 -1, said point being on a non - tangent curve concave northerly having a radius of 65.00 feet, a radial line to said point bears South 31012'51" East, said point also being the most southwesterly corner of the land described in a Grant Deed, recorded 6/25/2014 as DOC ## 2014 - 0233815, of Official Records of said County; thence westerly 48.15 feet along said curve through a central angle of 42 026`28'; thence tangent from PA08- 6194 -21 TTM 36115 A Ph 7 - Pardee C- iomes\Calc\Legal DescriptionAMALD -342 R -W VACAT[ON\RW -PUE VACATION [MALD 3421 Sht M (im.. said curve North 78"46'23" West 41.04 feet to a tangent curve concave southerly having a radius of 105.00 feet-, thence westerly 18.76 feet along said curve through a central angle of 10'14'13" to the True Point of Beginning, Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on I Exhibit '13'. Contains 571 Sq. Ft. or 0.013 acres, more or less. Being a portion of I of 'w' -f VE Tr -$ Non 3641 15-1, In the C-11111, oil! ake Elsinore-, filed In Map Book 4399 Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Bereinninn of fha mnof VvNt 1GGJtG1 1y corner along the U sLJLAI lady 11111-, U1 1-ut 7 ky Ul -Sulu 1 0 1 10-1- Thence, along the southeasterly line of said Lot 70 North 46"1625" East 49.39 feet to the easterly line of said Lot 70; Thence, along the southerly prolongation of the easterly line of said Lot 70, South 103326" West 9.90 feet-, Thence 46)16'25" West 35.32 feet to the easterly prolongation of the southerly line of said Lot 70, thence, along said prolongation of the southerly line, South North 89000'36" West 9.90 feet to the Point of Beginning. Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Ex 3 t-b"'1'. L I IIUIL Contains 295 Sq. Ft. or 0.007 acres, more or less. All of the above as shown on Exhibit "B" attached hereto and by this reference made a part hereof. 60.N08 do 'N A Ep. 09/30115 n. Hn 44nn (21 �'__Aor 11V GERALD R. ANDERSON, L.S. 4400 Date LICENSE EXPIRES: SEPTEMBER 30, 2015 [MALD-342] SITE PLAN - VICINITY MAP VACATION OF RIGHT OF WAY OBARIA WAY & HERMOSA DRIE OWNERS EXISTING PARCELS PROPOSED PARCELS ASSESSOR'S PARCEL NO. REFERENCE NUMBER PARDEE HOMES LOT'70% TR. NO. 36115-1, MB 439 / 3 - 12 PARCEL 1 358. 601 -001 PARDEE HOMES LOT 47, TR. NO. 36115 -1, MB 439./.3.- 12 PARCEL 2 358 -600 -011 PARDEE HOMES LOT 48, TR. NO. 36115 -1, MB 439 / 3 - 12 PARCEL 3 358 - 600 -012 PARDEE HOMES LOT 49, TR. NO. 36115 -1, MB 439 / 3 - 12 PARCEL 4 358 -600 -013 PARDEE HOMES LOT 44, TR. NO. 36115 -1, MB 439 / 3 -12 PARCEL 5 358- 600 -008 74 SITE LOCATION CANYON 75 HILLS RD NEWPORT RD d GF Ol4 215 R1 S RD �d 2 HILLSIDE R. 5� �� RD SCOTT RD BUNDY GYN. COTTONWOOD CYN. RD CLINTON KEITH RD N VICINITY MAP NOT TO SCALE .. ... AREA OF RIGHT OF WAY rr rrr Nrr �Ilr � +� Lu VACATIONS -- Q °Q PORTIONS LOTS 'R` & 'H` PARCEL 9 RIGHT OF WAY Lu = VACATION PARCEL5 i 9 A.V.E.DED:CAT- I LOT W RIGHT OF WAY OBARIA WAY P A N 00c#2014- RIGHT OF WAY / 0233815, O.R, VACATION qL% "`-- -- -"" \8 u.e OMCATION \ 4th 4� PARCEL4 PARCEL3IPARCEL2 \ I VICINITY MAP NOT TO SCALE r CORSON AV ENUE Q,Q'U' °i�°� � � � � MALLA -045 EXHIBIT wwB"v SHEET I OF 4 VACATION OF STREET RIGHT OF WAY AND P.U.E. PORTIONS OF LOTH' AND LOT 'R', TRACT NO. 36115-1. M.B. 439 / 3-12 In Ulu %.Aty 01 LaKu F-IS1110M, Uounty of Riverside, State Of California SEC, 8, T. 6 S., R. 3 W., S.B.M. fl 5' P.U.E. DEDICATION o PER M.B. 439 / 3.12 U DEDICATION FOR STREET SEE SHEET 4 nc LU DQ RESERVATION =� OF za P.U.E & WT " ES. JA IJVAy ODAR V IX t-A LOOO 9H P RESERVATION OF .U. E & %JVT. ES. 1 a - -------------- AND PUBLIC UTILITY 25, VACATION OF P,U.E. & WATER EASEMENT PURPOSES& J 25, PER M.B. 439 / 3.12 Am 350-800-131 as DEDICATION FOR PUBLIC BASIS OF BEARINGS: -® PAPCELA SEE SHEET2' UTILITIES AND WATER PURPOSES op z PER DOC# 2014-0233815, O.R. 0 C4 VACATION OF RIGHT OF WAY 0 > CO w & RESERVATION OF P.U.E. I w R � PARCEL C I LU W SEE SHEET 4 nc LU DQ RESERVATION =� OF za P.U.E & WT " ES. JA IJVAy ODAR V IX t-A LOOO 9H P RESERVATION OF .U. E & %JVT. ES. 0 S 6,0 11 ino -13 1 a - -------------- - VACATION OF P,U.E. & WATER EASEMENT 5' P.U.E. DEDICATION PER M.B. 439 / 3.12 Am 350-800-131 as 85"@0_12 BASIS OF BEARINGS: 0 S 6,0 11 ino -13 1 a 1 5' P.U.E. DEDICATION PER M.B. 439 / 3-12 VACATION OF RIGHT OF WAY -® PAPCELA SEE SHEET2' op ) 'i 04 57 - 1 , 8. VV W �:_ 16, — — __ �0 N 08'02 . — — - Q ry S 89'00'36'E 109.24' OF A CN P.U.E. & WATER CD S89'00'36'E EASEMENT 159,92' o vo 1\18910013frw 45r.0 147 AM 1906-600-11 THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF THE SOUTH -EAST QUARTER OF SECTION 7, AS PER TRACT 36115 -1 -1, M.B. 439/2-13, N 89-52-04" W. DNOF-RiGHT FV'V/Ay' PARCEL SEE SHEET 3 APO a X300 -To LEGEND-. P.0,13, = TRUE POINT OF BEGINNING ElVACATION AREA 19 Spectrum Pointe Drive Suite 609 Lake Forest, , C.A. 92630 (949) 599-0870 (949) 599-0880 Fax HERS &ASSOCIATES . . . . . . . Civil gngineerin .9 Inc. C_ GERALD R. ANDERSON, L. S. 4400 PLANNING -ENGINEERING -SURVEYING MYLICENSE EXPIRES SEPT. 30, 2015 [MALD-3421 09/30/2015 sN No. 4400 Q 1 j1 JI i i EXHIBIT "B " VACATION OF STREET RIGHT OF WAY PORTION OF LOT -R-, TRACT NO. 36115 -1, M.B. 439 / 312 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. LOT H Uj vQi O Ce w N m M Q M 25' —�q 0 co o C, 1zq —j °y- g U s' 5' P.U.E. DEDICATION PER M.B. 439 / 3 -12 &1'4218" � om SMIS 4 L =8.18' As `1 1911pp°2_6'4_5,,W _ A=1031'44" /1 L =7.34' N82 °58,3Q"w A =15 °04'09" R= 105.00' 1 L= 27.62' l' s s t 1:101: N 89 °55'59" E SHEET 2 OF 4 S 89 055'59" W 113.74' 9AMNIT MW PER AGPH: 35,6=600-08 N 89 °5959" E 113.80' S 43 °4335" E ...... ... -a , 12.65' `, VACATION OF P.U.E. & WATER N 08'02'38" W �sr EASEMENT AIPIA X368- 000°09 1.04' `�° VACATION OF P.U.E. & WATER S.89 °00'36" E 109.24' EASEMENT ! ` — DEDICATION PER DOC# 2014- 0233815, O.R. r ' OBARIA WAY 19 Spectrum Pointe Drive - Suite 609 Lake Forest, CA 92630 (949) 599 -0870 (949) 599 -0880 Fax 01i, YER.S & ASSOCIATES Civil Engineering, Inc. PLANNING • ENGINEERING • SURVEYING LEGEND: P.O.B. = POINT OF BEGINNING QVACATION OF RIGHT OF WAY AREA [MALD -342] ?prt LL O o'��N zw�� O� \ Ix W s' 5' P.U.E. DEDICATION PER M.B. 439 / 3 -12 &1'4218" � om SMIS 4 L =8.18' As `1 1911pp°2_6'4_5,,W _ A=1031'44" /1 L =7.34' N82 °58,3Q"w A =15 °04'09" R= 105.00' 1 L= 27.62' l' s s t 1:101: N 89 °55'59" E SHEET 2 OF 4 S 89 055'59" W 113.74' 9AMNIT MW PER AGPH: 35,6=600-08 N 89 °5959" E 113.80' S 43 °4335" E ...... ... -a , 12.65' `, VACATION OF P.U.E. & WATER N 08'02'38" W �sr EASEMENT AIPIA X368- 000°09 1.04' `�° VACATION OF P.U.E. & WATER S.89 °00'36" E 109.24' EASEMENT ! ` — DEDICATION PER DOC# 2014- 0233815, O.R. r ' OBARIA WAY 19 Spectrum Pointe Drive - Suite 609 Lake Forest, CA 92630 (949) 599 -0870 (949) 599 -0880 Fax 01i, YER.S & ASSOCIATES Civil Engineering, Inc. PLANNING • ENGINEERING • SURVEYING LEGEND: P.O.B. = POINT OF BEGINNING QVACATION OF RIGHT OF WAY AREA [MALD -342] z11 Nt, —*W. EXHIBIT .® w. SHEET 3 OF 4 VACATION OF STREET RIGHT OF WAY PORTION OF LOTH , + TRACT NO. 36115 -1 p M.B. 439 13 ®19 I 1 in the City of Lake Eisinore, County of Riverside, Mate of California _ SEA,.:, T. 6 B., R. 3 W., S.B.M. j RESERVATION OF s booC��� °� PARCEL B P.ii.E'& WT. ES I -- O12Afg1A WAY 1 ' N 00 059'24° E !' P.O.C° 94.25' 0.97' N 02 °00'03" W 159.92 S 89 000'36" E `� : :� --- - --•-, 9.92' ,.r �DEDICATION PER d OCC# 2014- 0233815,a.R, S 89 °00'3S" E 45.75' ' S 89 °00'36`.' E !" \- 105.24' N 89 °(I0'36" W 155.27' od.! 1 \ g �I A=7'148304" _ T - _ �_ a I n....n°nn,nnn _ V .•K' A....'f[1°.t n,A a1� I o c�v A= 42°2628' 3 =10°14°13" �/" A= 13 °i3'40° i I?= 65.00' v`ACATiON OF P.U.E. P WATER cf � R =105.00' W 1`. L= 15.01, L= 48.15' t C� _ L =1i u v I — 7 EASEMENT � o 1 Lt a CL w r o.. N 89 055'59" E c 60.01' ^ AM 368 =800=$2 m i Ap1m. 358-wo-n N 89 055'59" E 65.73' CORSON AVENUE 19 SFec"m Pointe Drive • Suite 609 s'- Lake Forest, CA 92630 (949) 599 -0870 f; (949) 599 -0880 Fax Y"ERS .& ASSOCIATES Civil Engineering, Inc. PLANNING • ENGINEERING . SURVEYING N 89 055'59" E 118.86' LEGEND: P.O.C. = POINT OF COMMENCMENT T.P.O.B. = TRUE POINT OF BEGINNING VACATION OF RIGHT OF WAY AREA [MALD -342] EXH I BI„T ,, .x��■ SHEET 4 OF 4 i VACATION OF STREET RIGHT OF WAY AND P.U.E. PORTION OF LOT'H', TRACT NO. 36115 -1, M.B. 43913 -12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. I LLJ 25' 1 I 0EDICATION AND PUBLIC UTILITY Ln PURPOSES 0 PER DOC # 2014 - 0233815, O.R. !�! DEDICATION FOR PUBLIC 439 /3-12 UTILITIES AND WATER i1j +l(D3PE 83.57 25" it i PER DOC # 2014- 0233815, O.R. 6'14" E k - 6o "�_ '1,w` X81 °57'22 779 AM 0 w ± L4 VACATION OF `v M M N V RIGHT OF WAY o N mow n- Q PARCEL I LLJ 25' 1 Ti 89 °00`36" W �N Xo 1.04' �' NOB 02'38' — — ADO n r 52.97 5 � '�° o _ S 89 °00'3V' 109.24' COT N r N 89 °00'36" W r. ^ y ° �`` r +' i RESERVATION OF`"`st° ` P.U.E & WATER ES. CV O 4�J OBARIA WAY LOT 1w DEDICATION PER M.B. 439 / 3 -12 4�1 rr r / —�- 131.97' ,' S 89 °00'36" E �\ 158.92' $9 °60'36" W � . 19 Spectrum Pointe Drive • Suite 609 Lake Forest, CA 92630 (949) 5.99 -08'70 (949) 599 -0880 Fax YERS & ASSOCIATES Civil Engineering, Inc. PLANNING • ENGINEER.NG • SURVEYING M R c:r c -mm" Fn y C11 0 O O N w� OI c� LEGEND: P -O.B. =POINT OF BEGINNING VACATION OF RIGHT OF WAY AREA [MALD -3421 O DEDICATION FOR STREET AND PUBLIC UTILITY Ln PURPOSES 0 PER DOC # 2014 - 0233815, O.R. !�! DEDICATION FOR PUBLIC UTILITIES AND WATER i1j PURPOSES it i PER DOC # 2014- 0233815, O.R. "�_ '1,w` X81 °57'22 Ti 89 °00`36" W �N Xo 1.04' �' NOB 02'38' — — ADO n r 52.97 5 � '�° o _ S 89 °00'3V' 109.24' COT N r N 89 °00'36" W r. ^ y ° �`` r +' i RESERVATION OF`"`st° ` P.U.E & WATER ES. CV O 4�J OBARIA WAY LOT 1w DEDICATION PER M.B. 439 / 3 -12 4�1 rr r / —�- 131.97' ,' S 89 °00'36" E �\ 158.92' $9 °60'36" W � . 19 Spectrum Pointe Drive • Suite 609 Lake Forest, CA 92630 (949) 5.99 -08'70 (949) 599 -0880 Fax YERS & ASSOCIATES Civil Engineering, Inc. PLANNING • ENGINEER.NG • SURVEYING M R c:r c -mm" Fn y C11 0 O O N w� OI c� LEGEND: P -O.B. =POINT OF BEGINNING VACATION OF RIGHT OF WAY AREA [MALD -3421 ­I . �, , WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting the vacation of street right -of -way and portions of Public Utility Easements adjacent to the right-of-way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115 -1, reserving an easement 5.00 feet wide for public utility and water purposes-, and WHEREAS, UIC Planning CumlilisSiilrl of lhN City of 1 rI K(: rlcdrlrlr(v naC llPPn delegated with the responsibility of making recommendations to the City Council regarding whether a street vacation conforms to the City's General Plan Circulation Element-, and WHEREAS, on September 2, 2014 at a duly noticed public meeting, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, D, - FOLLOWS: SECTION 1, The Planning Commission hereby finds and determines that the portion of public utility easements adjacent to the right -of -way for a portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115 -1 referenced above is excess right -of -way and the vacation of that portion of the public street conforms to the City's General Plan Circulation Element. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines ") pursuant to the CEQA Guidelines Section 15301 (Class 1 — Existing f=acilities) exemption for existing facilities because the Project involves the vacation of a portion of a street which involves negligible or no expansion of use. SECTION 3. Based upon all of the evidence presented and the findings above, the Planning Commission hereby recommends that the City Council find that the vacation of that portion of street right -of -way and portions of Public Utility Easements adjacent to the right -of -way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) PLANNING COMMISSION RESOLUTION NO. 2014 -039 PAGE 2OF3 of Tract 36115 -1 referenced above is consistent with the City's General Plan Circulation Element. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED on the second day of September, 2014 John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager . jj, ; . PLANNING COMMISSION f f f 2014-03 A G _ 30 0 F 13 STATE OF CALIFORNIA ) COUNTY OF RI VERSIDE )SS CITY OF LAKE ELSINORE ) 1, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 was adopted at a regular meeting of the Planning Commission of the City of Lake was on the second day of September, 2014, by the folio Vv�ng roll call VVtC. Richard ;J. MacHott LEED Green — s- sociata Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA VACATING PORTIONS OF LOT `H' (OBARIA WAY) AND LOT `R' (HERMOSA DRIVE) AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOT `H' AND LOT `R' WITHIN TRACT MAP NO. 36115 -1 LOCATION: LYING IN THE EASTERN CITY LIMITS AREA, JUST SOUTH OF CANYON HILLS DRIVE, NORTH OF CORSON AVENUE, AND WEST OF ANNA LANE. WHEREAS, the City council of the City of Lake Elsinore on September 23, 2014 did adopt Resolution of Intention No. 2014 -070 declaring their intention to vacate portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot'R' (Hermosa Drive) of Tract 36115 -1, reserving an easement 5.00 feet wide for public utility and water purposes, 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 WHEREAS, all publication and posting of notices regarding the proposed vacation of portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) of Tract 36115 -1, pursuant to said Resolution have been given as required by law, and WHEREAS, the area to be vacated would not be useful as a non - motorized transportation facility, and WHEREAS, the vacation of this right -of -way would result in approximately 1,067 square feet of land being returned to the tax rolls, 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 portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) of Tract 36115 -1 proposed to be vacated is unnecessary for present or prospective street purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elsinore, California as follows: 1. That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code the portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) of Tract 36115 -1, reserving an easement 5.00 feet wide for public utility and water purposes as described in Exhibit A and shown for the sake of clarity on Exhibit _B is hereby vacated, closed up and abandoned for public street purposes. 3. That easements and rights necessary to maintain, operate, replace, remove or renew in -place public facilities are reserved and excepted from the vacation. d. That the vacation of said portions of Lot 'H' (Obaria Way) and Lot 'R' (Hers -nosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) of Tract 53 36- JV I I J- i I eVI l i ._ -on feel vvldr- I(1r ni lflllr- f liilifx/ 'lrld oA /a t=.r m irnnenc Ic conditioned upon the applicant agreeing to install and post the appropriate securities for the improvement plans they are currently processing. 5. The City Clerk is instructed NOT i 0 RECORD this Resolution of Va- caition until the terms of the above stated Condition has been complied with. 6. From the date the resolution is recorded in the County Recorder's Office, rMe area vacated no longer constitutes a street. APPROVED, ADOPTED, AND EFFECTIVE on the 26th day of October, 2014. ATTEST: Mayor: City Clerk APPROVED AS TO CONTENT: City Manager STATE OF CALIFORNIA: COUNTY OF RIVERSIDE: SS CITY OF LAKE ELSINORE : I, , City Clerk of the City of Lake Elsinore, California, DO HEREBY CERTIFY that Resolution was duly and regularly adopted by the City Council of the City Lake Elsinore, California, at a meeting thereof held on the day of , 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lake Elsinore, California, this day of , 2014. City Clerk (Seal)