HomeMy WebLinkAbout94-043 CC ResolutionRESOLUTION NO. 9443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMF_L-'Lq~, CALIFORNIA, TO SUMMARILY VACATE
PORTIONS OF BANANA STREET, HAMILTON AVENUE,
APRICOT STREET, AND JOHN JAY AVENUE PURSUANT
TO THE AUTHORITY PROVIDED BY CHAPTER 3, PART
3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE.
The City Council of the City of Temecula does resolve, determine and order as follows:
WHEREAS, Streets and Highway Code Section 8330 ~ provides for a method by
which City streets may be summarily vacated; and
WHEREAS, Streets and Highway Code Section 8333 provides that the City Council may
summarily vacate a street easement if the easement has been superseded by relocation and there
are not other public facilities located within the easement and said circumstances apply to the
easement in the present case; and
WHEREAS, the legal description for these portions of Banana Street, Hamilton Avenue,
Apricot Street, and John Jay Avenue is set forth in Exhibit "A", attached hereto;
WI-IEREAS, the portions of Banana Street, Hamilton Avenue, Apricot Street, and John
Jay Avenue as depicted in Exhibit "B" attached hereto, have been offered for dedication to the
public by map on file in Book 8, page 359 of Maps, San Diego County Records.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula
as follows:
Section 1: That the City Council of the City of Temecula hereby finds as follows:
(a) That the City Council intends to summarily vacate those portions of street
easements in the City of Temecula, described as follows:
Those portions of those streets known as Banana Street, Hamilton Avenue,
Apricot Street, and John Jay Avenue as shown by map on file in Book 8, page 359
of Maps in the office of the County Recorder of San Diego County. Those portions
are more particularly described in Exhibits "A~ and ~B~ which are attached hereto
and incorporated herein by this reference.
(b) Said easements are no longer necessary because the streets have been relocated;
and
(c) Vacating the street easements is consistent with the General Plan adopted by the
City of Temecula on November 9th, 1993.
Resos 94-43 I
Section 2:
The easements described in Exhibits 'A' and 'B' which are attached hereto and
incorporated herein by this reference are hereby vacated and shall no longer
constitute an easement or right-of-way of the City of Temecula and shall revert back
to the property owner.
Section 3: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 10th Day of May, 1994.
ATTEST:
[SEAL]
Resos 94-43 2
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 94-43 was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 10th Day of May, 1994, by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Stone
Resos 94-43 3
~_~HIBIT
STREET VACATION
ALL THOSE PORTIONS OF JOE-IN lAY AVENUE, HAMILTON AVENUE, APRICOT
STREET, AND BANANA STREET AS SHOWN ON MAP OF THE TEMECULA LAND
AND WATER COMPANY, ACCORDINO TO THE MAP THEREOF ON FILE IN
BOOK 8 PAGE 359 OF MAPS, SAN DIEGO COUNTY RECORDS, ALL BEINO IN THE
CITY TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON
THE BOUNDARY SURVEY MAP OF TENTATIVE PARCEL MAP 26232-1 AND ON
EXHIBIT "B" A~FACH HERETO AND MADE A PART HEREOF AND DI?.qCRIBED AS
FOLLOWS:
JOHN IAY AVg. NUE
ALL TRAT PORTION OF JOHN ;AY AVENUE, 60.00 FEET WIDE, LYING
SOUTHEASTERLY OF THE EASTERLY LINE OF WINCHESTER ROAD (HIGHWAY 79),
AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED
APRIL 23, 1930 IN BOOK 722 PAGE 361 OF DEEDS, AND DEED RECORDED
JULY 15, 1947 IN BOOK g42 PAGE 288 OF OFFICIAL RECORDS, BOTH OF RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, AND LYING NORTHWESTERLY OF THE
NORTHWESTERLY BOUNDARY OF TRACT NLrMBER 20703-3, ACCORDING TO THE
MAP THEREOF RECORDED JUNE 29, 1988 IN MAP BOOK 186 PAGE 20-28, IN THE
OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA.
HAMILTON AVENUE
ALL THAT PORTION OF HAMILTON AVENUE, 60.00 FEET WIDE, LYING
SOUTHEASTERLY OF THE EASTERLY LINE OF SAID WINCHESTER ROAD
(HIGH"WAY ?9), AND LYING NORTHWE3TERLY OF TIlE NORTHERLY LINE OF
NICOLAS ROAD AS CONVEYED TO TIlE COUNTY OF RIVERSIDE BY DOCUMENTS
RECORDED DECEMBER 19, 1978 AS INSTRUMENT NUMBER 267056, APRIL 23, I979
AS INSTRUMENT NUMBER 80861 AND RE-RECORDED MAY 7, 1979 AS INSTRUMENT
NUMBER 92671 ALL OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APRICOT ~TREET
ALL THAT PORTION OF APRICOT STREET, 30.00 FEET WIDE, LYING
SOUTHWESTERLY OF THE SOUTHERLY LINE OF THAT CERTAIN LAND GRANTED
BY DEED TO THE COUNTY OF RIVERSIDE RECORDED /UNE3, 1991 AS
INSTRUMENT NUMBER 184455 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, AND LYING NORTHEASTERLY OF THE NORTHERLY LINE OF SAID
NICOLAS ROAD.
BASANA STREET
ALL THAT PORTION OF BANANA STREET, 60.00 FEET WIDE, LYING
SOUTHWESTERLY OF THE SOUTHERLY LINE OF THAT CERTAIN LAND GRANTED
BY DEED TO THE COUNTY OF RIVERSIDE RECORDED JUNE3, 1991 AS
INSTRUMENT NUMBER 184435 OF OFFICIAL RECORDS OF SAID RIVERSIDE
COUNTY, AND LYING SOUTHWESTERLY OF THE SOUTHERLY LINE OF THAT
CERTAIN LAND GRANTED BY DEED RECORDED MARCH 15, 1989 AS INSTRUMENT
NUMBER 080093 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY,
AND LYING NORTHEASTERLY OF SAID TRACT NUMBER 20703-3.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
05/02/94 16:29 '~819 560 8157 $B&O ~00¢
EXHIBIT'B'
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VICINITY /HAP
LE~£ND
~ ~H~LY LINE
' JU~E ~, 1~1
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Reco~;dtn8 Requested by Ct~y o£ Tem2cula
a/!~i~recurned ~o:
City Clerim Office
City of Temecula
43174 Business Park Drive
Teuecula, CA 9Z590
RESOLLrrlON NO. 94-43
' oriE;nal.
County Recorder
RIVERSIDE COUNTY CALIFORNIA
A RESOLSON OF THE CITY COUNCIL OF TEIE CITY OF TEMECULA,
CALIFORNIA , TO SUMMARILY VACATE PORTIONS OF BANANA
STREET, HAMILTON AVENUE, APRICOT STREET, AND JOHN JAY
AVENUE PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER
3, PART 3, DMSION 9 OF THE ~ AND HIGHWAY CODE.
The City Council of the City of Temecula do~ re~olve, demmine ~i order as follows:
WUb'3~, Streets and Highway Code Section 8330 et. sea_ provides for a method by which City streets may
be sammnrily vacated; and
WHEREAS, Streets and Highway Code Section 8333 provictm that the O',ty Council may summarily vacate a
street easement if the easement has been superseded by relocation and there are not other public fac/l/ties located
within the easement and said circumstances apply to the easement in the present case; and
WHEREAS, the legal description for these portions of Bantam Street, Hamilton Avenue, Apricot Street, and
lohn lay Avenue is set forth in Exhibit "A", attached hereto; .
W~EREAS, the portions of Banana Street, Hamilton Avenue, Apricot Street, and John lay Avenue as depicted
in Exhibit "B" attached hereto, have been offered for derlication to the public by map on file in Book 8, page 359
of Maps, San Diego County Records.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows:
Section 1: That the City Councfi of the City of Temecula hereby finds as follows:
(a) That the City Council intends to summarily vacate those portions of street easements in the
City of Temecula, described as follows:
Those ponions of those streets known as Banana Street,'Hnmilton Avenue, Apricot Street, and
John lay Avenue as shown by map on filein Book 8, page 359 of Maps in the office of the County
Recorder of San Diego County. Those portions are more particularly described in Exhibits "A' and
"~' w~ch p..~ st*ached be. reto e.nd ~corpor-_*_.-d herein by thi_- ~f..'r~ce.
(b) Said easements are no longer necessary because the streets have been relocated; and
(c) Vac4ting the street easements is consistent with the General Plan adopted by the City of
Temecula'on November 9th, 1993.
Section 2:
The easements described in Exhibits *'A" and "B" which are attached hereto and
incorporated herein by this reference are hereby vacated and shall no longer
constitute an easement or right-of-way of the City of Temecula and shall revert
back to the property owner.
Section 3: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 10th Day of May, 1994.~~--~ ~~
Ronald H.~C6~erts, Mayor
ATTEST:
City Clerk
[SEAL]
STATE OF CALn::ORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
SS
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 94-43 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 10th Day of May, 1994, by the following
vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Stone
Re.o~94-43
STR~k'~ VACATION
ALL THOSE PORTIONS OF $ORN lAY AVENUE, HA]VlILTON AVENUE, APRICOT
STRE~, AND BANANA ~ AS SHOWN ON IVIAP OF TH~ TENfECULA LAND
AND WATF~ COMPANY, ACCORDING TO TI-IE MAP TI-HiREOF ON FILE IN
BOOK 8 PAGE 359 OF IV, APS, SAN DIEGO COUNTY RECORDS, ALL BEING IN ~
CiTY TE2dr=C~, COUNTY OF ~IDE, STATE OF CALIFORNIA, AS SHOVVN ON
Ti~ BOUNDARY SURVEY MAP OF TENTATIVE PARCEL IvIA.P 26232-1 AND ON
EXI41BIT ']{" ATTACH FI~O AND MADE A PART HEREOF AND DESCRIBED AS
FOLLOWS:
JOHN {AY AV',:NUI:
ALL TIqAT PORTION OF JOHN JAY AVENUE, 60.00 FEEt WIDE, LYING
SOnY OF THE EASTERLY LINE OF WINC~ ROAD 0;IIGHWAY 79),
AS CONVEYED TO THE COUNTY OF RIVERSiDE BY DEED RECORDED
APRIL 23, [930 IN BOOK 722 PAGE $61 OF DEEDS, AND DEED RECORDED
JULY 15. 1947 IN BOOK 1~2 PAGE 288 OF OFFICIAL RECORDS, BOTH OF RECORDS
OF ~IDE COUNTY, CALIFORNIA, AND LYING NORTI:IWF..S~Y OF THE
NORTIiWEKrERLY BOUNDARY OF TRACT NUMBER 20703-3, ACCORDING TO THE
MAP ~OF RECORDED KINE 29, 1988 IN MAP BOOK 186 PAGE 20-28, IN THE
OFFICE OF TIiE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA.
I4AlvI~.TON AVW3VU~.
ALL TI4.AT PORTION OF HAMILTON AVe, 60.00 FEET 'AIDE, LYING
SOU'I/4EASTERLY OF TI-IE EASTERLY LL~ OF SAID Vv3NC~ ROAD
('K/OH'WAY 79), AND LYING NORTHWESTERLY OF ~ NORTHERLY LINE OF
NICOLAS ROAD AS CONVEYED TO TRE COUNTY OF RIVI~RSIDE BY DOCUMENTS
RECORDED DECEMBER 19, I~78 AS INSTRUMENT NUMBER 267056, APRIL 23, I979
AS INSTRUMENT NUIvIBER 80861 AND RE-RECORDED !vtAY '7, 19'/9 AS INSTRUMENT
NUIvlBER 92671 ALL OFFICIAL RECORDS OF RIVERSID~ COUNTY. CALIFORN/A.
APRICOT STR~]k~
ALL THAT PORTION OF APRICOT STREET, 30.00 FEET WIDE, LYING'
SOUTHWESTERLY OF THE SOUTHERLY LINE OF THAT CERTAIN LAND GRANTED
BY DEED TO TKE COUNTY OF RIVERSIDE RECORDED ~JKE3, 1991 AS
INSTRUMENT NU]vIBER 184455 O1: OFFICIAL RECORDS OF RIVERXII)E COUNTY,
CALIFORNIA, AND LYING NORTHF. ASTERLY OF THE NOR~Y LINE OF SAID
NICOLAS ROAD.
RANAl%~A S'f'RF.R'T
ALL THAT PORTION OF BANANA ~REL:T, 60.00 FEET WIDE, LYING
sony OF THE SOnY LiNE OF THAT CERTAIN LAND ORANTED
BY Dw~'D TO THE COUNTY OF RIVERSIDE RECORDED SUN'E3, 1991 AS
INSTRUlvIENT NUMBER 184~55 OF OFFICIAL RECORDS OF SAID RD;~R~II)]5
COUNTY, AND LYING SOUTHWESTERLY OF THE SOUTHERLY LINE OF THAT
CERTAIN LAND ORANTED BY Dm~n RECORDED MARCH 15, 1989 AS INSTRUMENT
NU1VIB~ 080093 OF OFFICIAL RECORDS OF SAID RIVERSiDE COUNTY.
AND LYING NORTI-Ir=ASTERLY OF SAID TRACT NUlVlBER 2C703-3.
THIS PROPERTY DESCRIP'I'ION HAS B]~-.N PREPARED BY ME, OR UNDER MY
DrRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
EXHIBIT'~'
.~'LY LINE O~
rill
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