HomeMy WebLinkAboutItem No. 09 Reso Vacate Collier AveText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-636
Agenda Date: 4/24/2018 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 9)
Page 1 City of Lake Elsinore Printed on 4/19/2018
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Dina Purvis, Senior Engineering Technician
Date:April 24, 2018
Subject:Resolution of the City Council of the City of Lake Elsinore to vacate a
portion of right of way known as Collier Avenue
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF LAKE ELSINORE, CALIFORNIA,
VACATING A PORTION OF COLLIER AVENUE.
Subject to the satisfaction of any applicable requirements, authorize the Mayor to execute the
Quitclaim Deed and direct the City Clerk to record the document with the County of Riverside
Recorder’s Office.
Background
A portion of Collier Avenue (Vacation Segment) is unused right of way not generally used by the
public for street purposes. The Vacation Segment is not a city maintained road.
Traffic circulation in the area of Collier Avenue and Central Avenue is accommodated by
alternative right of way that has been or will be built as part of the Central Plaza project.
Consequently, the Vacation Segment exists only on paper and is not essential to the circulation
system in the surrounding area.
Discussion
The Vacation Segment is no longer necessary because alternative streets have been or will be
built to accommodate traffic. The Vacation Segment was superseded by the current alignment
of Collier Avenue in the 1980’s. It has been unused as public right of way since that time. No
funds have been expended by the City for road maintenance, and the area is unsuitable for use
as right-of-way.
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 Collier Avenue would conform to the City’s
existing General Plan.
Summary Vacation of Collier Avenue
April 24, 2018
Page 2
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
Staff time has been expended to process the street vacation request and is covered by the
application fees.
Exhibits
A -Resolution
B – Quitclaim
RESOLUTION NO. 2018-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF COLLIER AVENUE
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:
That portion of Collier Avenue lying south of Central Avenue and northerly of Crane Street (“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,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 Department and other interested parties at a public meeting held with respect to
this item on April 24, 2018.
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: This Resolution shall take effect immediately upon its adoption.
Section 5:The City Clerk shall certify to the adoption of this Resolution and enter it into the
book of original Resolutions.
Reso No. 2018 - ___
Page 2 of 2
Passed and Adopted on this day of , 20___.
Natasha Johnson, Mayor
Attest:
Susan M. Domen, MMC
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. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of _________, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Susan M. Domen, MMC
City Clerk
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
S R U PAGE SIZE DA MISC LONG RFD COPY
M A L 465 426 PCOR NCOR SMF NCHG EXAM
T: CTY UNI
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY QUITCLAIM DEED
TRA: ___________________________
[ ] All
APN: ___________________________ [ X ] Portion
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Lake Elsinore
hereby remise, release and quitclaim to ________________HFC/PRP Elsinore, LLC _________________
_____________________________________________________________________________________
the following real property in the City of Lake Elsinore, County of Riverside, State of California, as described on
attached Exhibit “A”, and shown on Exhibit “B”
DATED: ______________________ ________________________________________ Type/Print Name Here:
________________________________________ Type/Print Name Here:
STATE OF CALIFORNIA
COUNTY OF _______________________
On ________________ 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 name(s) 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
The undersigned grantor(s) declare(s)
DOCUMENTARY TRANSFER TAX $__________________________
□ computed on full value of property conveyed, or
□ computed on full value less liens and encumbrances remaining at time of sale.
□ City of Lake Elsinore