Loading...
HomeMy WebLinkAbout09_013 CC ResolutionRESOLUTION NO. 09-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE VACATION OF THE EXISTING PUBLIC UTILITY EASEMENT GENERALLY LOCATED BETWEEN SECOND AND THIRD STREETS AND BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK CHANNEL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds, determines, and declares that: A. On November 5, 2008, the Planning Commission of the City of Temecula reviewed the proposed vacation of the existing public utility easement as depicted and described in exhibits "A" & "B" of this Resolution, attached hereto and incorporated herein as though set forth in full, and determined that said General Vacation is in conformance with the General Plan of the City of Temecula and adopted Resolution No. PC 08-47. B. Notice of the public hearing for the vacation of was posted and published in the manner required by law (STREETS AND HIGHWAY CODE SECTIONS 8320(b), 8322(a) and 8323). C. On January 27, 2009, the City Council conducted the public hearing at the time and place specified in the duly published and posted notice of hearing and heard any and all evidence offered by persons interested in the proposed vacation or objecting to the proposed vacation and order the vacation of the above Public Utility Easement. The City Council considered all of the written documents and comments of the public concerning this matter. D. In accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the CEQA Guideline, 14 Cal. Code Regs. § 15000 et. seq. ("CEQA Guidelines"), and the City's local CEQA Guideline, the City Council has considered the proposed General Vacation of the in light of the environmental review conducted for the City's General Plan. Specifically, the City Council finds that the proposed vacation does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance from that considered in the prior environmental review which shows that the proposed General Vacation will have one or more significant effects on the CEQA Guidelines or Public Resources Code. Accordingly, no further environmental review is required to Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code. R:IResos 2009IResos 09-13 E. Based on all of the evidence submitted at the hearing the existing ' public utility easement as depicted and described in exhibits "A" & "B" of this Resolution is not necessary for present or prospective public use. F. The vacation of the existing public utility easement as depicted and described in exhibits "A" & "B" of this Resolution conforms to the General Plan and each element thereof. SECTION 2. The City Council of the City of Temecula hereby vacates the alley and public utility easement as depicted and described in exhibits "A" & "B" of this Resolution. SECTION 3. Pursuant to Streets and Highways Code Section 8325, the City Clerk is authorized and directed to certify the adoption of this Resolution and to cause the original resolution to be recorded in the official records of Riverside County, California. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of January, 2009. Edwards, Mayor ATTEST: [SEAL] R:/Resos 2009/Resos 09-13 2 STATE OF CALIFORNIA, ' COUNTY OF RIVERSIDE CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09-13 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of January, 2009, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk 1 R:/Resos 2009IResos 09-13 3 EXHIBIT A- LEGAL DESCRIPTION VACATION OF ALLEY BEING A STRIP OF LAND AS SHOWN ON BLOCK 29, OF THE MAP OF THE TOWN OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MAP RECORDED IN BOOK15, PAGE 726, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHERLY 10 FEET OF THE 20 FOOT WIDE ALLEY WITHIN BLOCK 29 OF THE ABOVE REFERENCED MAP OF THE TOWN OF TEMECULA, INCLUDING THE NORTHEASTERLY 10 FOOT PORTION OF THE ALLEY ABANDONED BY THE RIVERSIDE COUNTY BOARD OF SUPERVISORS, RESOLUTION NO. 75-104, RECORDED AS INSTRUMENT NO. 46491, MARCH 5, 1975, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. THE ABOVE DESCRIBED PORTION OF LAND IS SHOWN ON EXHIBIT 'B" ATTACHED HERETO. EXHIBIT "B" IS SOLEY AN AID IN LOCATING THE PARCEL AND IS NOT A PART OF THE WRITTEN DESCRIPTION HEREON. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. OARRIN P. GINN No. 7075 Exp. 12/31/10 OF 0,-, c Darrin P. Ginn, LS 7075 EXP. 12/31/10 Prepared for and on behalf of HLC o'I v9 Date Page 1 of I EXHIBIT B - MAP VACATION OF ALLEY ABANDONED BY RESOLUTION NO. 75-104, RECORDED AS INSTRUMENT NO. 46491, RIVERSIDE COUNTY, CALIFORNIA MARCH 5, 1975. - --I PARCEL 7021-31 l-~ N4529'25"W . PARCEL 7021-2010.00' R.S. 119/40-44. ~j RIVER STREET THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. R.S. 119/40-44, SITE VICINITY MAP N TS do. AREA 12,850 SF, ±0.065 ACRES PARCEL 7021-19 RS. 119/40-44, o~ Q C 1 o't c`I DARRIN P. GINN, LS 7075 D TE EXP. 12131110 PREPARED FOR AND ON BEHALF OF HLC 30' 30' 1 - - -1- - - s y ° °o 61 W r ---16--N ~~\P~ y~~t1 C\l % W z v I 0 6`'ti9w co I 2 i -L - - - - - - - - - rc FRONT STREET - N45* N45 29'25"W, ~ 10.00 tcm- - T-- - - - 1~ - 1 -'5 30'1 DARRIN P. GINN No. 7075 Exp. 12131110 PREPARED 1107109 SHEET 1 OF 1