HomeMy WebLinkAbout05-041 CC Resolution
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RESOLUTION NO. 05-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA VACATING A PORTION OF AN UNNAMED
ALLEY LOCATED BETWEEN SECOND STREET AND THIRD
STREET AS SHOWN ON BLOCK 18 OF TOWN SITE OF
TEMECULA IN THE CITY OF TEMECULA, STATE OF
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
WHEREAS, pursuant to Street and Highway Code Section 8321, a petition has been
filed with the City Council of the City of Temecula, State of California, requesting the general
vacation of a portion of an unnamed alley located between Second Street and Third Street east
of Old Town Front Street as a requirement of Planning Application PA04-023 for the
redevelopment of the Butterfield Square commercial site. Said portion of unnamed alley to be
vacated is more particularly described and depicted on Exhibits "A" and "B", attached hereto
and made a part hereof by this reference; and,
WHEREAS, the City Council has considered the General Plan of Temecula and finds
that the vacation of said alley is consistent with the General Plan; and,
WHEREAS, on March 22, 2005, the City Council of the City of Temecula duly and
regularly adopted Resolution No. 05-34, giving notice of intention to vacate said alley; and,
WHEREAS, Resolution No. 05-34, has been duly published, posted and mailed
pursuant to the provisions of the Streets and Highways Code; and,
WHEREAS, a public hearing has been conducted and the City Council of the City of
Temecula has heard all the evidence offered by all persons interested in the matter; and,
WHEREAS, the City Council of the City of Temecula has determined that the alley
portion described herein is excess right-of-way and unnecessary for public purposes, and
present or prospective public use; now therefore,
BE IT HEREBY RESOLVED, DETERMINED AND ORDERED by the City Council of the
City of Temecula, State of California, in regular session on April 12, 2005, that pursuant to
Section 8334(a) of the Streets and Highways Code the City of Temecula hereby vacates said
unnamed alley more particularly described and depicted on Exhibits "A" and "B", and attached
hereto and incorporated herein as though set forth in full.
EXCEPTING AND RESERVING FROM SAID VACATION an easement for any existing
public utilities and public service facilities, together with the right to maintain, operate, replace,
remove, or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code.
BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the City Clerk shall
cause a certified copy of this resolution to be recorded in the Office of the Recorder of Riverside
County, California. The City Clerk shall certify the adoption of this resolution and shall cause a
certified copy of the Resolution to be recorded pursuant to Streets and Highways Code Section
8336.
R:/Resos 2005Resos 05-41
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PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 12th day of April, 2005.
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A,.T>TEST:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 05-41 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 12th day of April 2005, by the following vote:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES:
o
COUNCILMEMBERS: None
ABSENT:
ABSTAIN:
o
COUNCILMEMBERS: None
o
COUNCILMEMBERS None
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EXHIBIT "A"
VACATION
BEING A STRIP OF LAND IN SECTION 12. TOWNSHIP 8 SOUTH, RANGE 3 WEST, AS
SHOWN ON BLOCK 18, OF THE TOWN SITE OF TEMECULA MAP, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MAP RECORDED IN BOOK
15, PAGE 726, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 16 AS SHOWN ON SAID BLOCK
18, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF
MERCEDES STREET AS SHOWN ON SAID MAP;
THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 44028'19" WEST, A DISTANCE OF
250.28 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE
NORTHWESTERLY CORNER OF LOT 6 OF SAID MAP;
THENCE CONTINUING SOUTH 44028'19" WEST, A DISTANCE OF 160.00 FEET TO A LINE
PARALLEL WITH AND 30.00 FEET NORTHEASTERLY OF THE CENTERLINE OF FRONT
STREET AS IT NOW EXISTS;
THENCE ALONG SAID PARALLEL LINE NORTH 45029'25" WEST, A DISTANCE OF 20.00
FEET TO A POINT ON SAID LINE OF FRONT STREET;
I THENCE LEAVING SAID LINE, NORTH 44028'19" EAST, A DISTANCE OF 160.18 FEET;
THENCE SOUTH 45031'46" EAST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF
BEGINNING
THE ABOVE DESCRIBED PORTION OF LAND CONTAINS 0.19 ACRES, MORE OR LESS
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART HERE OF.
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EXHIBIT "B"
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Di II DENNIS JANDA, INC.
Jff/I, MAPPING/SURVEYING SERVICES DATE 2-27-04
41934 MAIN STREET, #206 PH: (961) 676.7720
TEMECULA, CA 92690 FAX: (961) 699-6912 DRAWN BY RK
EMAtL: dennls./andacfD.verlzon.net
VICINITY MAP
NOT TO SCALE
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GRAPHIC SCALE
0 <10 60
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( IN FEET ) I
1 inch = BD ft.
SHEET 1 OF 1
W.O. #
SM-03-074
VACATION EXHIBIT