HomeMy WebLinkAboutCC Reso No 2018-135 Vacating a Portion of Acacia DriveRESOLUTION NO. 2018 -135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF ACACIA DRIVE
Whereas, the City Council (Council) of the City of Lake Elsinore (City) has determined that
a certain street right -of -way is no longer necessary to be utilized as a public right -of -way,
said street right -of -way being more particularly described in Exhibit "A" and as shown on
the maps in Exhibits "B" and "C" attached hereto (Vacation Segments); and
Whereas, the Council of the City desires to vacate the Vacation Segments 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 8334; and
Whereas, in accordance with Streets and Highways Code section 8313 and Government Code
section 65402, 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.
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. The Council hereby finds that the Vacation Segments legally described in Exhibit "A"
and as shown on the maps in Exhibits "B" and "C" attached to this Resolution are unnecessary
for present and prospective use.
Section 3. That the right -of -way legally described in Exhibit "A" and as shown on the maps in
Exhibits "B" and "C" attached to this Resolution are hereby ordered to be vacated as provided
herein.
Section 4. Nothing contained in this Resolution is intended to affect any private property rights
regarding the Vacation Segments.
Section 5. Prior to the recordation of this Resolutions as provided in Section 6 below, the City
Manager is hereby authorized to resolve the litigation in Dobihal v. City of Lake Elsinore, Riverside
Superior Court Case No. RIC1722955, provided that such resolution results in the dismissal of
the litigation and does not involve any monetary payment, the evidence of such resolution to be
in a form approved by the City Attorney.
Section 6. This Resolution shall take effect upon recordation of this Resolution in the of records
of the County of Riverside and from such date the vacation will be complete and the Vacation
Segments shall no longer constitute a public street. The City Clerk shall cause a certified copy of
this Resolution, attested by the Clerk under seal, to be recorded in the Office of the County
Recorder as provided herein.
CC Reso. No. 2018 -135
Page 2 of 5
Passed and Adopted this 231d day of October 2018.
Ida
Nat *ha 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. 2018 -135 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of October 23, 2018, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None
Susan M. Domen, MMC
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION OF VACATION SEGMENTS
VACATION SEGMENT PARCEL 1:
THAT CERTAIN PARCEL OF LAND, SHOWN AS ACACIA DRIVE, ON THE TRACT MAP OF
LAKESHORE DRIVE, AS PER MAP ON FILE IN BOOK 9, PAGES 65 TO 67 OF MAPS,
RIVERSIDE COUNTY RECORDS, LYING BETWEEN SILVER STREET AND DAVIS STREET
AND ALSO LYING BETWEEN BLOCKS 9 AND 10 OF SAID TRACT, AND AS SHOWN ON
THE ATTACHED MAP AS EXHIBIT "B" AND CROSS - HATCHED IN RED.
VACATION SEGMENT PARCEL 2:
THAT CERTAIN PARCEL OF LAND, SHOWN AS ACACIA DRIVE, ON THE TRACT MAP OF
LAKESHORE DRIVE, AS PER MAP ON FILE IN BOOK 9, PAGES 65 TO 67 OF MAPS,
RIVERSIDE COUNTY RECORDS, LYING BETWEEN DAVIS STREET AND THE TERMINUS
OF ACACIA DRIVE AND ALSO LYING BETWEEN BLOCKS 11 AND 12 OF SAID TRACT,
EXCEPTING THEREFROM THAT PORTION OF ACACIA DRIVE PREVIOUSLY VACATED
PER RA4989 (ROAD BOOK NO. 4) AND AS SHOWN ON THE ATTACHED MAP AS EXHIBIT
"C" AND CROSS - HATCHED IN RED.
SAID VACATION SEGMENTS DO NOT INCLUDE DAVIS STREET OR SILVER STREET OR
THE INTERSECTION OF SUCH STREETS WITH ACACIA DRIVE.
CC Reso. No. 2018 -
Page 2
/5?N
�ZD
EXHIBIT "B"
MAP OF VACATION SEGMENT PARCEL 1
eal �4
fORRO LALA G UNA
1✓
"v SrC T C 47, TUSR4 Wopp.
M O- 8"65 -SY Ass tnteriMe OR Add.
EXHIBIT "C
MAP OF VACATION SEGMENT PARCEL 2
PM RO LA LAC#M rRA 0-% -'" -3
row Ar 6 m owl as
A\ S
—4
Ax=k ,t rer at usmx
oe,vmm m«r., a.,
rr .sus
m
Map of Vacation Segments - Acacia Drive