HomeMy WebLinkAboutCC Reso No 2006-062RESOLUTION NO. 2006-62
A RESOLiJTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, TO VACATE A PUBLIC
STREET LOCATED ON A PORTION OF FLINT STREET
WHEREAS, the City Council of the City of Lake Elsinore has deternuned
that a certain public street, more particularly described in the legal description
attached hereto as E~ibit "A", is no longer necessary as public right-of-way; and
WHEREAS, the City Council for the City of Lake Elsinore desires to vacate
the public street on Flint Street pursuant to the procedures set forth in Streets and
Highways Code Section 8335, et seq.; and
WHEREAS, the vacation of the public street identified in E~ibit "A" is
pexmitted by law pursuant to Streets and Highways Code Section 8333(a), which
authorizes a local agency to summarily vacate a public street if the street has not
been used for the purpose for which it was dedicated ar acquired for five
consecutive years immediately preceding the proposed vacation; and
WI~EREAS, in accardance with California Government Code Section
65402, the Planning Commission, at a regularly scheduled meeting on May 16,
2006, deternuned that vacation of the proposed portion of Flint Street conforms to
the Lake Elsinore General Plan; and
WHEREAS, that from and after the date that this Resolution is recorded, the
public street is vacated and no longer constitutes a public street; and
WHEREAS, the City Council has considered evidence presented by the
Community Development Deparhnent and other interested parties at a public
hearing held with respect to this item on May 23, 2006.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. That based on the evidence submitted at the May 23, 2006
public hearing, the City Council hereby finds that the public street described in
Exhibit "A" is unnecessary for present and prospective use and shall be vacated
based upon the following findings:
CITY COUNCIL RESOLUTION 2006-62
PAGE 2 OF 3
L The public street, dedicated in 1893, and more fixlly described in Exhibit "A",
was originally intended to serve as a public right-of-way.
2. The public street described in Exhibit "A" was never built.
3. Because the public street has not been built, the public street has not been
used for the purpose of a public right-of-way for five consecutive years
immediately preceding this proposed vacation.
SECTION 2. That the public street more particularly described in Exhibit
"A" attached hereto, is hereby ardered vacated.
SECTION 3. The City Clerk is hereby directed to record the Resolution of
vacation in the Riverside County Recorder's Office.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 23 day of May, 2006 by the
following vote:
AYES
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBERS
NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS:
Rbkfert E. Magee,
City of Lake Elsii
CITY COUNCIL RESOLUTION 2006-62
PAGE 3 OF 3
ATTE T:
Frederick 'ty Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
~arbara Zeid L ibold, City Attomey
City of Lake sinore
EXHIBIT "A"
Legal Description
PARCEL A:
THAT PORTION OF FLINT STREET ADJOINING LOT 20 OF BLOCK 77 OF
HAZARDS SUBDIVISION AS SHOWN ON MAP RECORDED IN BOOK 1,
PAGE 47, RECORDS OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUT~IWEST LINE OF SAID FL1NT
STREET, SAID POINT BEING THE EAST CORNER OF SAID LOT 20 AS
SHOWN ON SAID MAP,
TI~NCE, ALONG SAID SOUTHWEST LINE, NORTH 70° 59' 16" WEST,
150.52 FEET, TO THE NORTH CORNER OF SAID LOT 20 AS SHOWN ON
SAID MAP,
THENCE, ALONG THE NORTHEASTERLY EXTENSION OF THE
NORTHWEST LINE OF SAID LOT 20, NORTH 18° 58' 41" EAST, 60.00 FEET,
TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID FLINT STREET
AS SHOWN ON SAID MAP,
THENCE, ALONG SAID RIGHT OF WAY LINE SOUTH 70° 59' 16" EAST;
150.63 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY
EXTENSION OF THE SOUTHEAST LINE OF SAID LOT 20,
THENCE, ALONG SAID EXTENSION SOUTH 19°10' 14" WEST, 60 FEET TO
THE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF FLINT STREET ADJOINING LOT 19 OF BLOCK 77 OF
NA7ARDS SUBDIVISION AS SHOWN ON MAP RECORDED IN BOOK 1,
PAGE 47, RECORDS OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON SOUTIIWEST LINE OF SAID FLiNT STREET
AS, SAID POINT BEING THE NORTH CORNER OF SAID LOT 19 AS SHOWN
ON SAID MAP,
THENCE, ALONG SAID SOUTHWEST LINE, SOUTH 70° 59' 16" EAST,
150.64 FEET TO THE EAST CORNER OF SAID LOT 19 AS SOWN ON SAID
MAP,
THENCE, ALONG THE NORTHEASTERLY EXTENSION OF THE
SOUTHEAST LINE OF SAID LOT 19, NORTH 19° 15' 49" EAST, 60.00 FEET
TO THE NORTHEAST RIGHT OF WAY LINE OF SAID FL1NT STREET AS
SHOWN ON SAID MAP,
THENCE, ALONG SAID RIGHT OF WAY LINE NORTH 70° 59' 16" WEST,
150.69 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY
EXTENSION OF THE NORTHWEST LINE OF SAID LOT 19,
THENCE, ALONG SAID EXTENSION SOUTH 19° 10' 14" WEST, 60.00 FEET
TO THE POINT OF BEGINNING.