HomeMy WebLinkAboutItem No. 10 - Vacations of Street & PS Easement Alberhill RanchCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-361
Agenda Date: 10/12/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 10)
Vacations of Streets and Public Service Easement within the Alberhill Ranch Development
1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING WARM SPRINGS VALLEY ROAD;
2.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF MAIN STREET AND COAL AVENUE; and
3.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING AND QUITCLAIM OF PUBLIC UTILITY EASEMENTS FOR UNNAMED
ALLEYS WITHIN BLOCKS 1 AND 2 OF TERRA COTTA CITY MAP.
Page 1 City of Lake Elsinore Printed on 10/7/2021
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: October 12, 2021
Subject: Vacations of Streets and Public Service Easement within the Alberhill Ranch
Development
Recommendation
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING WARM SPRINGS VALLEY ROAD;
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF MAIN STREET AND COAL AVENUE; and
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING, AND QUITCLAIM OF PUBLIC UTILITY EASEMENTS FOR UNNAMED
ALLEYS WITHIN BLOCKS 1 AND 2 OF TERRA COTTA CITY MAP.
Background
Warm Springs Valley Road, Main Street, and Coal Avenue are what are known as “paper streets”. A
paper street is a road or street that appears only on maps and has not been used or improved for
street purposes. Warm Springs Valley Road shows as an 8 0-foot wide road easement as shown on
County of Riverside Field Book No. 347, dated March 1935. A 1990 Record of Survey indicates that
there is no official record of Warm Springs Valley Road. Portions of the Warm Springs Valley Road
intersects Nichols Road, Alberhill Ranch Road, and Terra Cotta Road. Main Street and Coal
Avenue lie within in Block 1 and Block 2, in the Terra Cotta City Map, as shown on a Map recorded
in Book 4 of Page 2121 of Maps in the Office of the County Recorder of San Diego County. A 1990
Record of Survey shows Main Street and Coal right -of-way widths of 60 feet and 80 feet,
respectively. Furthermore, the City has received and accepted an Irrevocable Offer of Dedication for
Terra Cotta Road between Nichols Road and Kings Highway.
The alleys that lie within Block 1 and Block 2 of the Terra Cotta City Map (Alleys) have been
previously vacated but reserving therein for any existing public utilities per Book 3926, Page 148 of
Official Records of Riverside County, California. California S treet and Highways Code Section
8333(a) provides that the legislative body of a local agency may summarily vacate a public service
easement if the easement has not been used for the purpose for which it was dedicated or acquire
VACATIONS OF STREETS AND PUBLIC SERVICE EASEMENT WITHIN ALBERH ILL RANCH
DEVELOPMENT
October 12, 2021
Page 2 of 2
for five consecutive years immediately preceding the proposed vacation. Furthermore, the
Developer has requested to quitclaim the Alleys.
Analysis
Before City Council action, the Planning Commission must first determine if the vacations conform
with the adopted General Plan (Government Code Section 65402). The General Plan does not
designate the portion of Warm Springs Valley Road, Main Street, and Coal Avenue under
consideration as a roadway, and it has never been used as a roadway. Furthermore, the Alleys
have not been used for the purposes for which it was dedicated .
On September 21, 2021, the Planning Commission adopted Resolution No. 2021-43, Resolution No.
21-44, and Resolution No. 2021-45 finding that the vacation would conform with the City’s General
Plan.
Exhibits:
A. Warm Springs Valley Rd Resolution No. 2021-___
B. Main Street and Coal Ave Resolution No. 2021-___
C. PUE Alley Resolution No. 2021-___
D. Plat Maps of Vacated Area
RESOLUTION NO. 2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING WARM SPRINGS VALLEY ROAD
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” attached hereto
(Vacation Segment); and
Whereas, the Council of the City 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 8331; 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 af ter 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 Segment legally described in Exhibit “A”
attached to this Resolution are unnecessary for present and prospective use.
Section 3. That the right-of-way legally described in Exhibit “A” 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 Segment.
Section 6. This Resolution shall take effect upon recordation of this Resolution in the official
records of the County of Riverside and from such date the vacation will be complete and the
Vacation Segment 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.
RESOLUTION NO. 2021-___
Page 2
PASSED AND ADOPTED this day of 2021.
Robert E. Magee, Mayor
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. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of , 2021, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION OF VACATION SEGMENT
RESOLUTION NO. 2021-___
Page 2
EXHIBIT “B”
MAP OF VACATION SEGMENT
RESOLUTION NO. 2021-___
Page 3
RESOLUTION NO. 2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF MAIN STREET AND COAL AVENUE
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” 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 8330 and 8331; 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”
attached to this Resolution are unnecessary for present and prospective use.
Section 3. That the right-of-way legally described in Exhibit “A” 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 6. This Resolution shall take effect upon recordation of this Resolution in the official
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.
RESOLUTION NO. 2021-___
Page 2
PASSED AND ADOPTED this day of 2021.
Robert E. Magee, Mayor
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. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of , 2021, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION OF VACATION SEGMENTS
RESOLUTION NO. 2021-___
Page 2
EXHIBIT “B”
MAP OF VACATION SEGMENTS
RESOLUTION NO. 2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING AND QUITCLAIM OF PUBLIC UTILITY EASEMENTS FOR
UNNAMED ALLEYS WITHIN BLOCKS 1 AND 2 OF TERRA COTTA CITY MAP
Whereas, the City Council (Council) of the City of Lake Elsinore (City) has determined that
a certain public utility easement is no longer necessary to be utilized for such purpose, said
easement being more particularly described in Exhibit “A” 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 8333; and
Whereas, the Planning Commission considered this summary vacation and determined that the
vacation is consistent with the General Plan; and
Whereas, the underlying fee owner of the land in which the Vacation Segments are located has
requested that the City, as grantor, also provide a quitclaim deed; 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”
attached to this Resolution are unnecessary for present and prospective use.
Section 3. That the right-of-way legally described in Exhibit “A” 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. The City Manager is hereby authorized to execute, on behalf of the City as grantor, a
quitclaim deed for such vacated easement, in such form approved by the City Attorney.
Section 6. This Resolution shall take effect upon recordation of this Resolution in the official
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 utility easement. 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.
RESOLUTION NO. 2021-___
Page 2
PASSED AND ADOPTED this day of 2021.
Robert E. Magee, Mayor
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. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of , 2021, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION OF VACATION SEGMENTS
RESOLUTION NO. 2021-___
Page 2
EXHIBIT “B”
MAP OF VACATION SEGMENTS
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS
IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
The right of way and all easements for public utility purposes for all those portions of
Alberhill - Warm Springs Valley Road lying over portions of the East half of Section
27 and the West half of Section 26, as shown on County of Riverside Field Book No.
347; Dated March 1935.
Contains 356,144 square feet more or less.
As shown on Exhibit "B" attached hereto and made a part hereof.
Subject to: Covenants, conditions, restrictions, reservations, easements and Right of
Ways of record, if any.
KWC ENGINEERS
CIVIL ENGINEERS • PLANNERS • SURVEYORS
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Thomas M. Caseldine Date
P.L.S. 9029
July 16, 2021
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR
VACATION OF PUBLIC RIGHT OF WAY AND PUBLIC UTILITY EASEMENTS
IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
The right of way and all easements for public utility purposes for all those portions of
Coal Avenue and Main Street lying in Block 1 and Block 2, in Terra Cotta City, in the
County of Riverside, State of California, as shown on a Map Recorded in Book 4,
Page 212 of Maps, in the Office of the County Recorder of San Diego County.
Contains 73,959 square feet more or less.
As shown on Exhibit "B" attached hereto and made a part hereof.
Subject to: Covenants, conditions, restrictions, reservations, easements and Right of
Ways of record, if any.
KWC ENGINEERS
CIVIL ENGINEERS • PLANNERS • SURVEYORS
7 h 4
Thomas M. Caseldine Date
P.L.S. 9029
July 16, 2021
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR
QUITCLAIM OF PUBLIC UTILITY EASEMENTS
IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
All those easements for public utilities over all those unnamed alleys shown 15 feet
and 23 feet wide lying within Blocks 1 and 2 of Terra Cotta City, as shown on a Map
of Terra Cotta City on file in Book 4, Page 212 of Maps, Records of San Diego
County, California, as reserved in Resolution Abandoning County Highway,
Recorded February 16, 1965 in Book 3926, Page 148 of Official Records of
Riverside County, California. Excepting out those portions lying over lots 19 and 20
of Block 2.
Contains 30,480 square feet more or less.
As shown on Exhibit "B" attached hereto and made a part hereof.
Subject to: Covenants, conditions, restrictions, reservations, easements and Right of
Ways of record, if any.
KWC ENGINEERS
CIVIL ENGINEERS • PLANNERS • SURVEYORS
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Thomas M. Caseldine Date
P.L.S. 9029
July 16, 2021
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