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HomeMy WebLinkAboutCC Reso No 2018-090 Summarily Vacating APN 365-030-001RESOLUTION NO. 2018-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUMMARILY VACATING A TWENTY FOOT PUBLIC ROAD AND UTILITY EASEMENT WITHIN APN 365-030-001 Whereas, the City Council of the City of Lake Elsinore has determined that a certain easement for road and utility purposes is no longer necessary to be utilized as public right-of-way or for utilities, said street right-of-way being more particularly described as follows: That portion of -real property, situated in the City of Lake Elsinore, County of riverside, State of California, lying over and across a portion of the southeast one quarter of Section 16, Township 6 South, Range 4 West, San Bernardino Base and Meridian, more particularly described as follows: Being all of that certain strip easement, (20 feet half width), reserved for road and utilities, as described in a Final Order of Condemnation, granted to Santa Ana Watershed Project Authority, per document recorded September 5, 1995, as instrument no. 29030, of official records (Vacation Segment); and, Whereas, the City Council of the City of Lake Elsinore desires to summarily vacate the Vacation Segment pursuant to the procedures set forth in Streets and Highways Code Section 8330 - 8333; and, Whereas, the vacation is permitted by law pursuant to the conditions set forth in Streets and Highways Code Section 8330-8333; 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 summarily vacated no longer constitutes a street, highway, or public service easement; and, Whereas, 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 June 5, 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 easement described in this Resolution is unnecessary for present and prospective use. Section 3. That the easement more particularly described above is hereby ordered to be summarily vacated. Section 4. This Resolution shall take effect immediately upon its adoption. CC Reso No. 2018-090 Page 2 of 2 Section 5. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Section 6. The Mayor shall execute the Grant Deed transferring the ownership. Passed and Adopted on this 26th day of June 2018. Nat6p4�a Johnsa 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. 2018-090 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of June 26, 2018, and that the same was adopted by the following vote: AYES: Council Members Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: Council Member Hickman ABSTAIN: None t C.r—Le Susa . Domen, MMC City Clerk