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HomeMy WebLinkAbout2021-124 Vacating & Quitclaim Public Uitlity Easement Unamed Alleys Within Terra Cotta City MapRESOLUTION NO. 2021-124 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. DocuSign Envelope ID: C74417B0-6477-4627-BF5E-560C9C80ED3B Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 28th day of September 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. 2021-124 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of October 12, 2021 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk CC Res. No. 2021-124 Page 2 of 2 DocuSign Envelope ID: C74417B0-6477-4627-BF5E-560C9C80ED3B EXHIBIT “A” LEGAL DESCRIPTION OF VACATION SEGMENTS DocuSign Envelope ID: C74417B0-6477-4627-BF5E-560C9C80ED3B     EXHIBIT “B” MAP OF VACATION SEGMENTS DocuSign Envelope ID: C74417B0-6477-4627-BF5E-560C9C80ED3B