HomeMy WebLinkAbout2023-079 Vacation of Drainage Easement Tract 18719-4RESOLUTION NO. 2023-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A DRAINAGE EASEMENT.
Whereas, Tract Map No. 18719-4, recorded in the Official Records of Riverside County
on February 24, 1987, in Book 166 of Maps at Pages 61 through 63, provided an Owner’s
Certificate stating that “we also hereby dedicate to public use the drainage easements as shown
hereon, for construction and maintenance of drainage facilities”; and
Whereas, said Tract Map No. 18719-4 further provided a City Clerk’s Certificate as
follows: “The City of Lake Elsinore, Riverside County, State of California, by and through it's duly
authorized officers hereby approves a said final map and accepts the aforesaid offers of
dedication”; and
Whereas, page 3 of said Tract Map No. 18719-4 includes a notation stating “30’ drainage
easement to Riverside County Flood Control District”; and
Whereas, the City has failed to locate any records or other evidence that such offer of
dedication was accepted by the Riverside County Flood Control District which is more properly
known at the Riverside County Flood Control and Water Conservation District; and
Whereas, the City Council (Council) of the City of Lake Elsinore (City) has determined
that the drainage easement is no longer necessary to be utilized as a public drainage easement,
said drainage easement being more particularly described in Exhibit “A” attached hereto and
incorporated herein (the “Drainage Easement); and
Whereas, the Council of the City desires to vacate the Drainage Easement pursuant to
the procedures set forth in Streets and Highways Code section 8320 et seq.; and
Whereas, the vacation is permitted by law pursuant to the conditions set forth in Streets
and Highways Code section 8324; and
Whereas, that from and after the effective date of this Resolution, the Drainage Easement
vacated no longer constitutes a 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. That the Drainage Easement legally described in Exhibit “A” and as shown on
Tract Map 18719-4, is unnecessary for present and prospective public use.
Section 3. That the Drainage Easement legally described in Exhibit “A” and as shown on
Tract Map 18719-4 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 Drainage Easement.
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 Drainage Easement shall no longer constitute a public service easement. The City Clerk shall
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CC Reso. No. 2023-79
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certify to the adoption of this Resolution and enter it into the book of original Resolutions and
thereafter 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.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 12th day of September 2023.
Natasha Johnson
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. 2023-79 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of September 12, 2023 and that the same was adopted by the following
vote:
AYES: Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor
Johnson
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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DocuSign Envelope ID: DCF26808-B819-48C0-9D77-E5A658707A5B
DocuSign Envelope ID: DCF26808-B819-48C0-9D77-E5A658707A5B