HomeMy WebLinkAbout94-108 CC ResolutionRESOLUTION NO. 94-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TI~IF, CULA, CALIFORNIA, SUMMARILY VACATING
AN EXISTING FORTY (40) FOOT ACCESS OPENING
EXCEPTION TO RESTRICTED ABUTTERS RIGHTS FOR
PARCEL 2 OF PARCEL MAP 23496 LOCATED ON YNEZ
ROAD BETWEEN SOLANA WAY AND RANCHO
CALIFORNIA ROAD.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HERERy 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 in the Tract 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
"one adjacent (452.20) foot access opening for Parcel Number 2 as shown" on the Parcel
Map (hereinafter referred to as "Access Opening for Parcel 2"). The legal descriptions
of said Access Opening for Parcel 2 is set forth on Exhibit A, attached hereto and
incorporated herein by this reference.
c. The Owner of Parcel 2 of Parcel Map 23496 (hereinafter "Owner") now desires to
relocate the Access Opening for Parcel 2 by creating a new access opening on Parcel 2.
d. The City desires to effectuate the intention of the Owner by vacating the Access
Opening for Parcel 2 and accept the relocated access opening for Parcel 2.
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to summarily vacate an access easement if the easement has been superseded by relocation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 Parcel 2 contain no public facilities and said access easements
are no longer necessary because the access opening will be relocated to other portions of
Parcel Map 23496 as a condition of this vacation.
Resos 94-108 1
Section 2. The Access Opening for Parcel 2, as legally described on Exhibit A, are 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 Parcel 2 to an alternate location on Parcel Map 23496 as approved by separate action
of the City Council.
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 on
the 15th day of November, 1994.
Ron Roberts, Mayor
ATTEST:
City
[SEAL]
Re,os 94-108 2
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution
No. 94-108 was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof, held on the 15th day of November, 1994, by the following vote, to wit:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Mufioz, Parks, Stone,
Roberts
None
None
Resos 94-108 3
EXHIBIT 'A' TO RESOLUTION NO. 94-
Summarily vacate an existing forty (40) foot access opening on
Ynez Road between Solana Way and Rancho California Road
subject to the approval of an alternate access to Parcel 2 of
Parcel Map No. 23496.
(Legal description attached)
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EXHIBIT 'A'
SUMMARY VACATION OF ACCESS OPENING
AND DEDICATION OF RESTRICTED ABUTTER'S
RIGHT OF ACCESS (40 FEET WIDE) TO YNEZ ROAD
A 40-foot opening in the Southwesterly sideline of Ynez Road adjacent to Parcel 2 of
Parcel Map 23496 in the City of Temecula, County of Riverside, State of California, as
shown on map in Book 168, Pages 41 through 45 of Parcel Maps, Records of said
Riverside County. The centerline of said opening intersects the Southeasterly right-of-
way line of Ynez Road perpendicularly at the following described location:
BEGINNING at the Northeasterly corner of said Parcel 2 of Parcel Map 23496, said point
being on a curve, concave Northeasterly, with a radial bearing of North 34° 41' 34" East
and a radius of 1267.00 feet;
THENCE Southeasterly along said curve through a central angle of O0° 53' 55" a distance
of 19.87 feet;
THENCE South 56° 12' 21" East a distance of 113.40 feet to said center of the
abandonment of the previous dedication of restricted abutters right of access.
No. 5007
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EXHIBIT 'B' TO RESOLUTION NO. 94-_.~
SUBJECT SUMMARY VACATION- A PORTION OF YNEZ ROAD
(Map Attached)
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EXHIBIT"B
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LEGEND
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OWNER:
ERIC d. AND GISELA F. GOSCH
MARC L. GOSCH AND MARIE GOSCH
150 CARRIAGE CIRCLE
HEMET, CA 92545
DESCRIPTION OF THE NEW ACCESS OPENING
pwOS~agdrpt\94\l 115\jcffersn.wc
EXHIBIT 'A'
DEDICATION OF 40' ACCESS OPENING
AND ABANDONMENT OF PREVIOUS DEDICATION
OF RESTRICTED ABUTTER'S RIGHT OF ACCESS
A 40-foot opening in the Southwesterly sideline of Ynez Road adjacent to Parcel 2 of
Parcel Map 23496 in the City of Temecula, County of Riverside, State of California, as
shown on map in Book 168, Pages 41 through 45 of Parcel Maps, Records of said
Riverside County. The centerline of said opening intersects the Southeasterly right-of-
way line of Ynez Road perpendicularly at the following described location:
BEGINNING at the Northeasterly corner of said Parcel 2 of Parcel Map 23496, said point
being on a curve, concave Northeasterly, with a radial bearing of North 34° 41' 34" East
and a radius of 1267.00 feet;
THENCE Southeasterly along said curve through a central angle of 00° 53' 55" a distance
of 19.87 feet;
THENCE South 56° 12' 21" East a distance of 20.00 feet to said center of the 40.00 foot
access opening.
EXHIBIT
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LEGEND
OWNER:
ERIC d. AND GiSELA F. GOSCH
MARC L. GOSCH AND MARIE
150 CARRIAGE CIRCLE
HEMET, CA 92,545
GOSCH