HomeMy WebLinkAboutItem No. 04 Vacation of Acacia DriveText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-839
Agenda Date: Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 4)
Page 1 City of Lake Elsinore Printed on 10/4/2018
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Date:October 9, 2018
Subject:Vacation of a Portion of Acacia Drive
Recommendation
adopt City Council Resolution No. 2018- A Resolution of the City Council of the City of Lake
Elsinore, California, Vacating a Portion of Acacia Drive
Background
Acacia Drive is what is known as a “paper street.” A paper street is a road or street that appears
only on final maps and has been offered for dedication as a public right of way, but has never
actually been used or improved for street purposes.
Acacia Drive runs parallel and very close to the north shore of Lake Elsinore. A review of applicable
public records shows Acacia Drive as being dedicated in 1914. Despite this, a 1962 survey of the
Lake’s boundaries shows Acacia Drive as “abandoned.” Indeed, in 1925, a part of Acacia was still
in the County of Riverside when the County did take formal action to vacate the northern length of
Acacia past Matich Street (and which may explain the surveyor’s conclusion of “abandonment” in
1962).
Several property owners along Acacia Drive have appeared before the City Council to urge vacation
of a portion of this street. Additionally, one property owner has filed an action against the City
seeking a court determination that the public right of way constituting Acacia Drive has been
abandoned by the City. (Dobihal v. City of Lake Elsinore, Riverside Superior Court Case No.
RIC1722955.)
Staff has determined that portions of Acacia Drive north of Davis Street and between Davis and
Silver Streets (“vacation segments”) have not been used for travel, no public money has been spent,
and the vacation segments are not required for any street or highway purpose. Additionally, the
attorney for the property owner in the Dobihal case had agreed to dismiss the pending case
following the completion of the vacation process. A settlement agreement has been circulated and
should be completed shortly.
VACATION OF A PORTION OF ACACIA DRIVE
October 9, 2018
Page 2 of 2
Analysis
Prior to City Council action to vacate a public right-of-way, the Planning Commission must first
determine if the vacation is in conformity with the adopted General Plan (Government Code Section
65402). The General Plan does not designate the portion of Acacia Drive under consideration as a
roadway, and it has never been used as a roadway. On August 21, 2018, the Planning Commission
adopted Resolution No. 2018-65 finding that the vacation would be in conformity with the City’s
General Plan.
Recommendation
Staff therefore recommends adoption of the Resolution of the City Council of the City of Lake
Elsinore, California, Vacating a Portion of Acacia Drive. As provided in the resolution, the vacation
is contingent upon the finalization of a settlement agreement in the above-referenced lawsuit.
Attachments:
1.City Council Resolution No. 2018-___
2.Vicinity map showing vacated area
RESOLUTION NO. 2018-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, VACATING A PORTION OF ACACIA DRIVE
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 a public right-of-way, said street
right-of-way being more particularly described in Exhibit A attached hereto (Vacation
Segments); and
Whereas,the City Council of the City of Lake Elsinore 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 City Council hereby finds that the Vacation Segments described in Exhibit A
attached to this Resolution is unnecessary for present and prospective use.
Section 3.That the right-of-way more particularly in Exhibit A attached to this resolution is
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-
Page 2 of 3
Passed and Adopted this 9th day of October 2018.
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. 2018- was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of , 2018, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
EXHIBIT A
DESCRIPTION OF VACATION SEGMENTS
VACATION SEGMENT PARCEL 1:
THAT PORTION OF ACACIA DRIVE BEGINNING AT THE NORTH AND WEST CORNERS OF
THE INTERSECTION OF ACACIA DRIVE AND DAVIS STREET, PROCEEDING
NORTHWEST TO THE TERMINUS OF ACACIA DRIVE, AS SHOWN ON THE LAKESHORE
DRIVE ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 9, PAGES 65,
66 AND 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
VACATION SEGMENT PARCEL 2:
THAT PORTION OF ACACIA DRIVE WHICH LIES BETWEEN THE NORTH AND WEST
CORNERS OF THE INTERSECTION OF ACACIA AND SILVER STREET, PROCEEDING
NORTHWEST TO THE SOUTH AND EAST CORNERS OF THE INTERSECTION OF ACACIA
DRIVE AND SILVER STREET, AS SHOWN ON THE LAKESHORE DRIVE ADDITION TO
ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 9, PAGES 65, 66 AND 67 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SAID VACATION SEGMENTS DO NOT INCLUDE DAVIS STREET OR SILVER STREET OR
THE INTERSECTION OF SUCH STREETS WITH ACACIA DRIVE.
Map of Vacation Segments - Acacia Drive