HomeMy WebLinkAboutItem No. 10 Vacation of a Portion of Allan StreetCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-378
Agenda Date: 10/26/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 10)
Vacation of a Portion of Allan Street
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
VACATING A PORTION OF ALLAN STREET.
Page 1 City of Lake Elsinore Printed on 10/21/2021
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 26, 2021
Subject: Vacation of a Portion of Allan Street
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF ALLAN STREET.
Background
The portion of Allan Street between Tract 11283 and Cambern Avenue, parallel to Central Avenue is
recommended to be vacated. A review of applicable public records identified Allan Street as being
dedicated to public use for streets and public utility purposes of Parcel Map 11504 (Recorded
Instrument #187669, dated September 5, 1978). Also identified in on the exhibit as lots A, B, C, and
D. At the time of final Parcel Map approval, the parcels were within the County of Riverside (County)
jurisdiction and the County did not accept the dedication. Moreover, the City’s General Plan
Circulation Element does not identify this portion of All an Street as a public road and it is not
deemed necessary for circulation.
Evergreen Devco Inc. (Evergreen) has filed an application requesting the City to vacate this portion
of Allan Street since this portion traverses through Evergreen’s project site. The vacation of this
portion of Allan Street will remove encumbrances from the title and would allow Evergreen to
improve the property. Staff has determined that a portion of Allan Street identified as Lots “A” to “D”
on Parcel Map 11504 has not and will not be used for any public purposes. That portion of Allan
Street may therefore be vacated by City Council.
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 Allan Street under consideration as a roadway, and it has never been used
as a roadway. On October 5, 2021, the Planning Commission adopted a resolution finding that the
vacation would conform with the City’s General Plan.
VACATIONS OF A PORTION OF ALLAN STREET
October 26, 2021
Page 2 of 2
Exhibits:
A - City Council Resolution No. 2021-___
B - Plat and Legal of Vacated Area
RESOLUTION NO. 2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF ALLAN STREET
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 5. 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
RESOLUTION NO. 2021-___
Page 3
EXHIBIT “A”
LEGAL DESCRIPTION OF VACATION SEGMENT
RESOLUTION NO. 2021-___
Page 4
EXHIBIT “B”
MAP OF VACATION SEGMENT
Engineering, Inc.
Civil Engineering/Land Surveying/Land Planning
LOT "E"
PARCEL 4
PARCEL 3
PARCEL 2
PARCEL MAP NO.
11,504
P.M.B 54/44
PARCEL 1
LOT "D"LOT "C"LOT "B"LOT "A"BLOCK
1
4
(POR
T
I
O
N
)
M.B. 5
/
1
0
5
TRACT 11283
M.B.111/96-98
TRACT 11283
M.B.111/96-98
Engineering, Inc.
Civil Engineering/Land Surveying/Land Planning