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HomeMy WebLinkAbout06-102 CC Resolution I I I RESOLUTION NO. 06-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF NOTICE OF INTENTION TO VACATE A PORTION OF YNEZ ROAD LOCATED SOUTHERLY OF THE INTERSECTION OF YNEZ ROAD AND EQUITY DRIVE IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON ATTACHED EXHIBITS AND SETTING A PUBLIC HEARING ON THE VACATION THE CITY COUNCil OF THE CITY OF TEMECUlA DOES RESOLVE, DETERMINE AND ORDER AS FOllOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare in response to petition by the underlying fee owner, its intention pursuant to Chapter 3, Part 3, Division 9, commencing at Section 8300 of the Streets and Highways Code to vacate a portion of Ynez Road located southerly of Equity Drive and more specifically described as Exhibit "A" and depicted on Exhibit "B", all said Exhibits which are attached hereto and incorporated herein by this reference; Section 2. Necessary access to public utility, service, and drainage facilities for the purposes of constructing, placing, operating, inspecting, maintaining, repairing, replacing, and removing such aerial and underground facilities will be provided by reserving easements and excepting from the proposed vacation of said portion of street portion for these purposes as provided under Section 8330 of the Streets and Highways Code. Section 3. The Planning Commission has considered the General Plan and finds that the vacation of said portion of Ynez Road is consistent with The General Plan adopted by the City ofTemecula on April 12th 2005. Section 4. It can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment and thus this decision is not subject to the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b). Section 5. Notwithstanding the foregoing, and in addition to the foregoing, the proposed street vacation of such portions of right-of-way is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15305. Section 6. The City Council hereby sets a public hearing on the vacation of the said portion of Ynez Road for January 9,2007 at 7:00 p.m., or as soon hereafter as the matter may be heard, at the City Council Chambers, 43200 Business Park Drive, Temecula, for the purpose of hearing evidence from interested person on the proposed R:/Resos 2006lResos 06-102 I vacation. The date of the public hearing shall not be less than 15 days from the date of this Resolution. Section 7. The City Clerk is hereby authorized and directed to publish a "Notice of Public Hearing" in a newspaper of general circulation within the City of Temecula and shall be published twice in two (2) successive weeks prior to the hearing pursuant to Section 8322 of the Streets & Highways Code. The notice of public hearing shall contain the information set forth in the text of this Resolution. Section 8. No less than 14 days prior to the public hearing on the vacation, the Director of Public Works shall post conspicuously notices of the public hearing on the vacation of the Street along the line of the Street proposed to be vacated. The notices shall be posted not more than 300 feet apart, but a least three notices shall be posted. The notices posted shall contain the information set forth in the text of this Resolution. Section 9. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2006. I ~a~ Ron Roberts, Mayor ATTEST: J [SEAL] I R:/Resos 2006lResos 06-102 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-102 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: 0 ABSTAIN: 0 R:/Resos 2006/Resos 06-102 Comerchero, Edwards, Naggar, Washington, Roberts None None None 3 I I I RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 October 2, 2006 JN 15101075-M04 Page 1 of 1 EXHIBIT "A" YNEZ ROAD STREET VACATION That certain parcel of land situated in the City of Temecula, County of Riverside, State of Califomia, being that portion of Lot 50 of Tract No. 29639-2 filed in Book 345, Pages 1 through 19 of Maps in the Office of the County Recorder of said County of Riverside, shown as being an easement for public road and public utility purposes in favor ofthe City ofTemecula per Parcel Map No. 19677 filed in Book 135, Pages 85 and 86 of Parcel Maps in the office of said County Recorder, described as a whole as follows: BEGINNING at the most easterly corner of said Lot 50; thence along the southeasterly line of said Lot 50 South 30007'24" West 401.59 feetto the beginning of a tangent curve concave southeasterly and having a radius of 1625.00 feet; thence continuing along said southeasterly line and along said curve southwesterly 403.88 feet through a central angle of 14014'26" to the non-tangent intersection with the easterly line of Ynez Road (110.00 feet wide) as shown on said Tract No. 29639-2; thence along said easterly line ofYnez Road North 11023'13" East 466.77 feet; thence North 30007'24" East 359.29 feet to the northerly line of said Lot 50; thence along said northerly line South 59052'36" East 100.00 feet to the POINT OF BEGINNING. CONTAINING: 1.231 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. H:\PDA T A\1510107S\Admin\lega1s\1015IgI004.doc 150 0 150 300 450 I ~ ~ I I .>.. I I GRAPHIC SCALE .... ~::! N l~'V Ii) l:S Eallrv aU\E ~ ~~ lD . ~ ~. ~~ I e .... cD cD I I') I EXHIBIT I 60' ~ ~~, ~\ ~\ \ \ ~ , L · 11 55' 55: \ 'B' STREET VACATION OCTOBER 2, 2006 8] ~ !f ,1.0..1 .~ "- ,0 ~ . '" <t) - ~ & 1 C ~ '" - " ;... -. :0 o _ o rJ tl II.. ai ~ 11.." DATA TABLE @l BEARING/Da..TA RADIUS 1 886'36'01-E 2 26'43'25" 300.00' 3 S30'07'24"W 4 559'52'36'E LENGTH 55.12' 139.92' 39.00' 100.00' ~ ~ ..J - .., III - C\1 ~ ~ ~. --- II.. ~ 521 fJ i d fJ . II.. Il:' ~ ~ .... \I ... 'b. l m '" " ~ ~ 11 ! ;; ;;- I!! ! fl1 ii: . CDNSTRUCTION ~ ~ ~ ~ ;; o in ;;- ~ "' c ~ j' N.?t:.Ol'o " (R)...:? W . SHEET 1 OF 1 SHEET PLANNING . DESIGN 40810 COUNTY CENrol DRIVE, SUITE 100 1EMECULA. CAlJFORNJA 92591-6022 909.67li8042 ' FAX 909.878J240 . wwwJlBF.com . . . CONSULTING SCALE 1"=150' JOB NO. 15101075-M4