HomeMy WebLinkAboutItem No. 11 - Vacation of a Portion of Frontage Road within Jack in the Box Development11)Vacation of a Portion of Frontage Road within Jack in the Box Development
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF FRONTAGE ROAD.
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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:January 28, 2025
Subject:Vacation of a Portion of Frontage Road within Jack in the Box Development
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF FRONTAGE ROAD.
Background
Frontage Road was part of the old State Route 74 road alignment. In 2017, by the Relinquishment
Agreement between the City of Lake Elsinore and the State of California, the City accepted the
title to a portion of State Route 74 lying within the City limits from Dexter Avenue to the easterly
city limits. All portions of State Route 74, known as Segment 1 in the City, were relinquished as
shown on the map recorded on February 7, 2017, with recording instrument no. 2017-0058299.
Commercial Development Resources (CDR) has filed an application requesting the City to vacate
this portion of Frontage Road as it impedes the project site development. The vacation of the
excess road width will remove encumbrances and allow CDR to improve the property. CDR will
construct ultimate half-width street improvements as part of the project’s development off-site
improvements.
California Street and Highways Code Section 8334(a) provides that the legislative body of a local
agency may summarily vacate excess right-of-way and will not be required for street or highway
purposes. This portion of Frontage Road is in excess and may, therefore, be vacated by the City
Council.
Frontage Road Vacation
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Discussion
Before City Council action, the Planning Commission must determine if the vacation conforms
with the adopted General Plan (Government Code Section 65402). The General Plan designates
Frontage Road as a local street with a half-width of 30 feet. Currently, the road exceeds a half-
width of 30 feet. Staff is, therefore, of the opinion that the vacation of Frontage Road, as set forth
herein, conforms with the current General Plan for the City of Lake Elsinore.
On December 3, 2024, the Planning Commission found that the vacation would conform with the
City’s General Plan.
Fiscal Impact
No fiscal impact on the City.
Attachments
Attachment 1 - Resolution
Attachment 2 - Plat Map of Vacated Area
Engineering
RESOLUTION NO. 2025-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING A PORTION OF FRONTAGE 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 8334(a); 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 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. The City Manager is authorized to execute a quitclaim deed for such vacated
easement in a 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 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.
CC Reso. No. 2025-___
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Passed and Adopted at a regular meeting of the City Council of the City of Lake
Elsinore, California, this 10th day of December 2024.
Brian Tisdale
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. 2025- ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of January 28, 2025, 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
CC Reso. No. 2025-___
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EXHIBIT “B”
MAP OF VACATION SEGMENTS