HomeMy WebLinkAbout05-012 CC Resolution
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RESOLUTION NO. 05.12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUMMARILY VACATING AN EXISTING FORTY
FOOT (40') ACCESS OPENING EXCEPTION TO RESTRICTED
ABUTTERS RIGHTS FOR PARCELS 5 AND 6 OF PARCEL
MAP NO. 23496 LOCATED ON YNEZ ROAD BETWEEN
NORTH PLAZA DRIVE AND PARK PLAZA LANE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare as follows:
a. The "Owner's Statement" of Parcel Map 23496 provides for the dedication of certain
property within the boundary of the Parcel Map for street and public utility purposes
(known as "Ynez Road").
b. The Owner's Statement further provides that the Owner will have no rights of access
to Ynez Road, except for the general right of travel, and specifically excepts therefrom
"two adjacent twenty foot openings, one each, for Parcels 5 and 6". The legal
description of said Access Opening for Parcels 5 and 6 is set forth on Exhibit A, attached
hereto and incorporated herein by this reference. .
c. The Owners of Parcel 5 and 6 of Parcel Map 23496 (hereinafter "Owner") now
desires to vacate the existing Access Opening for Parcels 5 and 6 of said map by
creating two new forty foot (40') foot joint access openings at Parcels F and G and at
Parcels H and I, respectively.
d. The City desires to effectuate the intention of the Owner by vacating the Joint
Access Opening for Parcels 5 and 6 and accept the relocated access openings for
Parcels 5 and 6.
e. Streets and Highways Code Section 8333 provides the authority for the City Council
to summarily vacate an access easement if the easement has been superseded by
relocation and there are no other public facilities located within the easement.
f. The Access Opening for Parcels 5 and 6 contains no public facilities and said
access easements are no longer necessary because the access opening will be
relocated to another portion of Parcel Map 23496 as a condition of this vacation.
Section 2. The joint Access Opening for Parcel 5 and 6, as legally described on Exhibit
A, is hereby vacated and shall no longer constitute an easement or right of way or other interest
in real property of the City of Temecula and shall revert to the Owner. This vacation is subject
to the condition, and this Resolution shall not be recorded, until such time as the City Engineer
has accepted and approved a document to be recorded concurrently with this Resolution
relocating the Access Opening for Parcels 5 and 6 to alternate locations on Parcel Map No.
23496 as shown on LLA and as approved by separate action of the City Council.
Section 3. The City Clerk shall certify the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED by the City Council.of the City of Temecula on
the 25th day of January, 2005.
ATTEST:
A.
Jeff Comerchero, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 05-12 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 25th day of January, 2005, by the following
vote:
AYES: 5
I NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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ones, CMC
City Clerk
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EXHIBIT "A" TO RESOLUTION NO. 05-12
Summarily vacate an existing forty foot (40') access opening
on Ynez Road between North Plaza Drive and Park Plaza
Lane, subject to the approval of an alternate access to
Parcels 5 and 6 Parcel Map No. 23496.
A 40 foot access opening in the westerly right of way line of Ynez Road as shown on Parcel Map
No. 23496, said map on file in Book 168 of Parcel Maps, pages 44 through 45, inclusive, in the
office of the County Recorder, County of Riverside, State of California, described as follows:
Those portions of Parcels 5 and 6, dedicated to the Public as Abutter's Rights of
Access, abutting Ynez Road as shown on said Parcel Map 23496.
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R:/CSD Reses 2005/CSD 05-12
DESCRIPTION OF NEW ACCESS OPENINGS
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D - IND I CATES PROPOSED 40' I ffi
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27555 YNEZ ROAD, SUITE 400 ~
TEMECULA, CAUFORNIA 92591-.4679 ;::
CONSULTING 951.676.8042. FAX 951.676.7240 . wwwRBF.com <
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SCALE JOB NO. ;'>
DECEMBER 17, 2004 1"=300' 15-401441 :i: