HomeMy WebLinkAboutItem No. 05 Quitclaim of EasementCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-693
Agenda Date: 8/11/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 5)
Quitclaim of Easement
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AUTHORIZING A REAL PROPERTY INTEREST FOR DRAINAGE AND SLOPE PURPOSES TO BE
QUITCLAIMED TO THE UNDERLYING FEE OWNER.
Page 1 City of Lake Elsinore Printed on 8/6/2020
Page 1 of 1
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared By: Carlos Norvani, Land Development Engineer
Date: August 11, 2020
Subject: Quitclaim of Easement
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING A REAL PROPERTY INTEREST FOR DRAINAGE AND SLOPE
PURPOSES TO BE QUITCLAIMED TO THE UNDERLYING FEE OWNER .
Background
The City received a request from Lake Elsinore Unified Sc hool District to quitclaim an easement
located within Temescal Canyon High School. The District is proposing solar panels in its parking
lot.
A review of applicable public records shows the drainage and slope easement as being dedicated to
the City in 1982. The size of this easement is 165’ x 50’ and is currently situated within the parking
lot of the school. The installation of the solar panels falls within a portion of the easement.
Staff has determined that the public purpose for which the real estate interest was dedicated no
longer exists.
Discussion
City staff has reviewed and approved the legal description defining the Drainage and Slope
Easement to be quitclaimed to the Lake Elsinore Unified School District as the underlying fee owner
by the attached Resolution of the City Council.
Fiscal Impact
There is no fiscal impact
Exhibits
A – Resolution
B – Vicinity Map
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING A REAL PROPERTY INTEREST FOR
DRAINAGE AND SLOPE PURPOSES TO BE QUITCLAIMED TO THE
UNDERLYING FEE OWNER
Whereas, the Corona Clay Company, by way of a Declaration of Dedication
recorded on January 29, 1982 in the Official Records of Riverside County as Instrument No.
17217, irrevocably dedicated a real property interest for "drainage and slope purposes"
more particularly described in Exhibit "A" and as shown on the maps in Exhibits "B" and "C"
attached hereto; and
Whereas, the City has not located any records or other evidence that such offer of
dedication was accepted by the City and, even if evidence of acceptance was located, has
determined that the public purpose for which the real property interest was dedicated no
longer exists; and
Whereas, the City desires to quitclaim the real property interest for "drainage and
slope purposes" to the underlying fee owner of the property, the Lake Elsinore Unified
School District (the "District").
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 public purpose for which the real
property interest for "drainage and slope purposes," legally described in Exhibit "A" and as
shown on the maps in Exhibits "B" and "C" attached to this Resolution, no longer exists.
Section 3. That the real property interest for "drainage and slope purposes" 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 quitclaimed to the District, such quitclaim deed to be
approved as to form by the City Attorney and executed by either the Mayor.
Section 4: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
Passed and Adopted on this day of August, 2020.
Brian Tisdale, Mayor
CC Reso. No. 2020-
Page 2
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2020- was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of August_, 2020, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, TRACT 11414-1, AS
RECORDED IN BOOK 123 OF MAPS, PAGES 60 AND 61, RECORDS OF THE SAID
COUNTY; THENCE NORTH 00° 25' 14" EAST, 145.86 FEET, ALONG THE EAST LINE OF
SAID SECTION 25; THENCE NORTH 89' 31' 46" WEST, 60.00 FEET TO THE TRUE POINT
OF BEGINNING, SAID POINT ALSO BEING A POINT IN THE WEST RIGHT-OF-WAY LINE
OF EL TORO ROAD, 60.00 FEET WIDE; THENCE CONTINUING NORTH 89' 31' 46" WEST,
165.00 FEET; THENCE NORTH 00' 26' 14" EAST, 50.00 FEET; THENCE SOUTH 89' 31' 46"
EAST, 165.00 FEET TO A POINT IN SAID WEST RIGHT-OF-WAY LINE OF EL TORO
ROAD; THENCE SOUTH 00° 26' 14" WEST, 50.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B"
DEPICTION DEDICATED REAL PROPERTY
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EXHIBIT "C"
MAP OF DEDICATED REAL PROPERTY TO BE QUITCLAIMED
Map of Quit Claim of Easement-TemescaI Valley High School
165'X 50'
_ EASEMENT TO BE
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Map of Quit Claim of Easement‐Temescal Valley High School