HomeMy WebLinkAbout03_015 TCSD ResolutionRESOLUTION NO. CSD 03-15
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF TEMECULA VACATING A PORTION OF A
LANDSCAPE MAINTENANCE EASEMENT WITHIN LOT 151 IN
TRACT MAP NO. 23209
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT DOES RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Temecula Community Services District
does find, determine and declare as follows:
The landscape easement to be vacated is a portion of the landscape easement
located on the west side of lot 151 within Tract Map No. 23209 that was dedicated
and accepted on the final map recorded in the County of Riverside on June 28,
2002, this area is more particularly described on Exhibit "A" and depicted on Exhibit
"B". Exhibits A and B are attached hereto and are incorporated herein as though
set forth in full.
b. This vacation is pursuant to the Street and Highway Code SS 8333.
As per SS 8333 (a) this landscape easement has not been used for the purpose it
was dedicated for and (b) the date of the dedication is less than five years, and
more than one year, immediately preceding the proposed vacation, and the
easement was not used continuously since that date. The property owner has
requested that the easement be vacated so that the parcel will meet with certain
building requirements.
On July 22, 2003, the Board of Directors held a public meeting regarding the
proposed landscape easement vacation. Interested persons were provided with the
opportunity to present evidence and comments to the Board of Directors on the
proposed vacation. Prior to adopting this Resolution the Board of Directors
considered the comments of any persons who spoke at the meeting.
e. The Board of Directors has considered the General Plan of Temecula and finds that
the vacation of the landscape maintenance easement is consistent with the General
Plan.
f. The Board of Directors finds, based on the evidence submitted at the meeting, that
the landscape maintenance easement is unnecessary for present or prospective
public use.
This vacation proceeding is pursuant to the authority of Chapter 3, Part 3, Division
9, commencing at Section 8300 of the Streets and Highways Code and specifically
Section 8333.
Section 2. The Board of Directors of the Temecula Community Services District
hereby vacates that portion of the landscape maintenance easement along the west side of lot
151 within Tract Map No. 23209, which area is more particularly described on Exhibit A and
depicted on Exhibit B. From and after the date of recordation of this record, the landscape
maintenance easement vacated no longer constitutes a public service easement.
R:/CSD Resos 2003/CSD 03-15 1
Section 3. The City Clerk is authorized and directed to cause a certified copy of this
Resolution, attested by the City Clerk under seal, to be recorded in the Office of the Recorder of
Riverside County. Pursuant to Streets and Highway Code Section 8336 a certified copy of this
Resolution shall be recorded without acknowledgment, certificate of acknowledgment, or further
proof. Upon recordation of this Resolution, the vacation of this landscape maintenance
easement shall be completed.
PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the Temecula
Community Services District at a regular meeting held on the 22nd day of July, 2003.
ATTEST:
(Su~n V~. J~nes, CMC
~ ~ ~/]CityCle Di rictSecretary
J ~~~resident
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk/District Secretary of the City of Temecula,
California, do hereby certify that Resolution No. CSD 03-15 was duly and regularly adopted by
the Board of Directors of the Temecula Community Services District at a regular meeting thereof
held on the 22nd day of July, 2003, by the following vote:
AYES: 5 COUNCILMEMBERS: Naggar, Pratt, Roberts, Stone, Comerchero
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
R:/CSD Resos 2003/CSD 03-15 2
EXHIBIT ' A'
· .~.GAL DESCRIPTION
FOR
TCSD LANDSCAPE F2%SEMENT ABANDONMENT
BEING THAT PORTION OF LOT
AS SHOWN ON MAP ON FILE
RECORDED JUNE 28, 2002 IN
THE COUNTY OF RIVERSIDE, STATE
AS FOLLOWS:
151 OF TRACT NO. 23209, IN THE CITY OF TEMECULA,
IN BOOK 320, PAGES 79 THROUGH 97 INCLUSIVE,
THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, IN
OF CALIFORNIA, MORE PARTICULARLY DESCRIBED
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT
WESTERLY LINE THEREOF
1. SOUTH 12°43'16'' WEST 78.29 FEET
151; THENCE ALONG THE
TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID
WESTERLY LINE
2. SOUTH 12°43'16" WEST 28.49 FEET; THENCE DEPARTING SAID WESTERLY
LINE
1.51 FEET;
29.62 FEET;
1.00 FEET
MORE OR LESS.
3. SOUTH 28°53'19'' EAST
4. NORTH 12°43'16'' EAST
5. NORTH 77o16'44'' WEST
CONTAINS 29 SQUARE FEET,
THENCE
THENCE
TO THE TRUE POINT OF BEGINNING.
SCOTT A. HURST
LS 7178
EXPIRATION DATE
12/31/03
DATE
PAGE 1 OF 1
EXHIBIT "B"
/
REYES
COURT
INDICATES TCSD LANDS~4PE
EASEMENT ABANDONED HEP, EON
AREA: 29 &F'.
POINT OF COI*#,fENCEI, fENT
~UE POINT OF BEGINNING
I' WIDE TCSD LANDSCAPE EA~MENT
DEDICAI[D PEI? TRACT NO. 23209
1.51'
151
E~. 12-31-03/
T~\SURVEY\2138\PLAT$\TCSD\2138-TCSI)-QC,clwg
Jun 17, 8003 - 1:43pM
VICINITY MAP
Tract No. 23209
Not to Scale
PROJECT
SITE
AHERN