HomeMy WebLinkAboutCC Reso No 2016-110 Reserving an Easement for Existing UtilitiesRESOLUTION NO. 2016 -110
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF A PUBLIC ALLEY BETWEEN
MAIN AND ELLIS STREET, NORTH OF FLINT STREET, RESERVING AN
EASEMENT FOR EXISTING UTILITIES, AND AUTHORIZING THE
PROCESSING OF A QUITCLAIM
Whereas, the City is authorized to vacate all or part of a public street or public service
easement within the City pursuant to the Public Streets, Highways and Service Vacation
Easements Law (California Streets and Highways Code, section 8300 et. seq.); and,
Whereas, the City Council desires to vacate, for public street purposes, a portion of an alley,
lying between Main Street and Ellis Street, North of Flint Street, which is more particularly
described on Attachments "A" and "B" attached hereto; and,
Whereas, the Planning Commission has determined the requested vacation is consistent with
the General Plan pursuant to California Government Code section 65402; and,
Whereas, the City Engineer has reviewed the legal description and plat map (Attachments "A"
and "B ") and determined that the vacated portion of the alley is not needed for present or future
public street purposes; and,
Whereas, the legal description and plat map
Chapter 3, Part 3, Division 9 of the Streets and
applicable at this time; and,
are technically correct and in compliance with
Highways Code, State law and local ordinances
Whereas, Section 8340(c) of the California Streets and Highways Code requires that unless
public convenience and necessity require otherwise, the City must reserve and except from the
vacation any easement and right necessary to maintain, operate, replace, remove and renew
public utility facilities; and,
Whereas, utility providers have in -place public utility facilities whose easements and rights are
necessary to maintain, operate, replace, remove, or renew such in -place public utility facilities,
which are hereby reserved and excepted from the vacation; and,
Whereas, notice of the City Council's (Council's) consideration of this vacation proceeding has
been given pursuant to Street and Highways Code sections 8320 and 8322; and,
Whereas, the 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 portion of the alley to be
vacated is necessary for present or future public street purposes.
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 it is the Council's finding, based on all the evidence submitted, that the portion
of the alley described in the legal description and map attached as Attachments "A" and "B"
subject to the reservations for utilities and maintenance access set forth above, is not necessary
for present and prospective use.
Reso. No. 2016 -110
Page 2 of 2
Section 3: That the Council hereby vacates, for public street purposes, portions of the alley as
described in Attachment "A" and "B ".
Section 4: That the Council reserves and exempts from these proceedings easements for
public utility purposes.
Section 5: That the City Clerk is hereby ordered to record this Resolution of Vacation and
Quitclaim Deed in the Riverside County Recorder's Office.
Section 6: The City Clerk shall certify to the passage and adoption of this Resolution and the
same shall thereupon take effect and be in force.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Lake Elsinore,
California, this 13th day of September, 2016.
Brian Tisdale( Mayor
ATTEST:
t C /
Susan MI. Domen, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2016 -110 was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of September 13, 2016 and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Johnson, and Manos; Mayor Pro Tern Magee and Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Susan M. Domen, MMC
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
ALLEY VACATION
BEING A PORTION OF THE ALLEY WITHIN BLOCK 513 OF SMITH'S
ADDITION TO ELSINORE, AS PER MAP RECORDED IN BOOK 2, PAGE 135 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.
THE SOUTH LINE OF SAID PORTION BEING THE WESTERLY PROLONGATION
OF THE SOUTH LINE OF LOT 9, BLOCK 513 OF SAID MAP.
TIIE NORTH LINE BEING THE SOUTH LINE OF STATE HIGHWAY 15.
SAID DESCRIPTION CONTAINS 1,127 SQUARE FEET, MORE OR LESS.
ON POINT LAND SURVEYING, INC.
PREPARED 7�bs)l
ANTHONY D. M , PI-S 8133
DATE: 4
PAGE 1 OF I
Reso. No. 2016 -110
Page 4 of 2
�WAMM :
r�r
F rs
LOT 15
LOT 10 41/
LOT 16
Bt o
7 C"
i �$ 5 S LOT 9
Ne 4 13
LOT 17 .a. S.D. Co �S 4/,V
44/ 9
LOT 8
11611tiE1*1
LOT 7
�L Leo ALLEY VACATION
U• St`s PREPARED AT THE REQUEST OF TOM BOUSSIACOS
THIS PLAT IS SOLELY AN AID IN LOCATING PREPARED BY:
lrll �J �u THE PARCEL(S) DESCRIBED IN THE ON POINT LAND
ATTACHED DOCUMENT IT IS NOT A PART SURVEYING, INC.
No. - 33 OF THE WRITTEN RI TI N THEREIN.
. 12 -31 -16 . SCALE: 1'=30'
OF CAQ PREPARED BY. DATE: APRIL 2016
DATC: SHEET OF 1