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HomeMy WebLinkAbout17-38 CC Resolution RESOLUTION NO. 17-38 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG A PORTION OF DENDY PARKWAY AT LOT 1 OF TRACT MAP 35181, PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declares as follows: A. The Owner's Statement of Tract Map 35181 provides that the Owner of Lot 1 will have no rights of access to Dendy Parkway, excepting two 40-foot wide access openings. B. In May 17, 2017 the Owner of Lot 1 of Tract Map 35181 (hereinafter "Owner") filed a Summary Vacation application with the City for the purpose of vacating existing restricted access rights on Dendy Parkway. Pursuant to Tract Map No. 35181 ' recorded September 2, 2008, the abutter's access rights to Dendy Parkway were restricted from Lot 1 excepting two 40-foot wide access openings. C. The Owner now desires to vacate the restricted access along Dendy Parkway as shown on Tract Map No. 35181 to allow for the relocation of one of the existing access openings to a new location and the widening of the second existing access opening. This will accommodate the future onsite building configuration and traffic circulation. The final driveway locations shall be pursuant to City standards and approval by the Director of Public Works/City Engineer. D. The City Council desires to effectuate the intention of the Owner by summarily vacating the existing restricted access along a portion of the northerly side of Dendy Parkway from Lot 1 of Tract Map No. 35181 and as described on Exhibits "A" and "B," attached hereto. E. This vacation is made pursuant to Section 8330 to 8336 of the Streets and Highways Code. F. This vacation will not change current access rights to Lot 1 of Tract Map No. 35181 abutting Dendy Parkway. G. There are no public utility easements or facilities, which will be affected by ' this vacation. Resos 17-38 1 Section 2. The restricted access along a portion of the northerly side of Dendy ' Parkway on Lot 1 of Tract Map No. 35181, as described on Exhibit "A" and "B," is hereby vacated and shall no longer constitute an easement or right-of-way or other interest in real property on the City of Temecula and shall revert to the Owner. Section 3. The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Section 8336 of the Streets and Highway Code. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 271h day of June, 2017. Maryann Edwards, Mayor ATT ' Ra I, City Clerk [SEAL] Resos 17-38 2 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17-38 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27t�' day of June, 2017, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 17-38 3 EXHIBIT"A" ' LEGAL DESCRIPTION SUMMARY VACATION OF RESTRICTED ACCESS DENDY PARKWAY BEING A PORTION OF LOT 1, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY TRACT MAP NO. 35181, RECORDED IN BOOK 430, PAGES 66 THROUGH 72, INCLUSIVE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTHERLY LINE OF LOT 1 OF SAID MAP 35181 SHOWN AS RESTRICTED ACCESS ON SAID MAP AS SHOWN ON EXHIBIT 'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. R. MICHAEL CAHEf PLS 8734 DATE �pt1►1 uM0 CL o or C&% 1 OF 2 CHERRY STREET 1 Vol 5�a1 3 LOT LINE F - - - - - - - - - M�' I •6? I 0=00'0345" I C.L. 40' I R=800.00 I EX/ST. ACCESS OPENING I L=0.87' DETAIL SCALE-I"=5 N.4JU925 E h 4CCfrSX,ST 41.78' S�pFNi Nc 6-27'42 19"R°900.00•L_435 DENDY SEE DETAIL LEG D \ INDICATES ACCESS RIGHTS RESTRICTED \ PER M.B. 430166-72 R. MICHAEL CAVI 8734 DATE SCALE., 1" 120' PREPARED BY.- IN THE CITY OF TEMECULA ' S.B. & O., INC. LOT 1, TRACT NO. 35181 41689 ENTERPRISE CIRCLE NORTH, EXHIBIT B STE.. 126 TEMECULA, CA 92590 SB&O ✓N 71802.00T SHEET 2 OF 2