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Home My WebLink About03-161 CC ResolutionRESOLUTION NO. 03-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE VACATION OF A PORTION OF RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORINA, AS SHOWN ON THE ATTACHED EXHIBITS A AND B THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the Riverside County Flood Control and Water Conservation District granted an easement to the City of Temecula for the purpose of constructing a road over the existing Murrieta Creek flood control channel at Rancho California Road; WHEREAS, the City of Temecula never constructed the road over Murdeta Creek flood control channel at Rancho California Road, even though it was depicted in the Circulation Element of the General Plan; WHEREAS, the City of Temecula has executed a Quitclaim Deed conveying the easement back to the Riverside County Flood Control and Water Conservation District; WHEREAS, the City of Temecula has initiated proceedings to vacate its interests in that portion of Rancho California Road, which was to cross over the existing Murrieta Creek flood control channel. The right of way proposed to be vacated is described and depicted on Exhibits A and B, attached hereto and incorporated herein by this reference; WHEREAS, the proceeding merely proposes the vacation of a portion of Rancho California Road, which was never constructed, and will not facilitate any new construction, development, increased traffic, or other use of property not currently in existence; WHEREAS, it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment and thus this decision is not subject to the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061 (b); WHEREAS, notwithstanding the foregoing, and in addition to the foregoing, the proposed street vacation of such portions of right-of-way is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15305; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1: The City Council finds that all of the facts set forth in the recitals of this Resolution are true and correct. Section 2: This vacation is being made pursuant to Chapter 3, Part 3, Division 9 of the California Streets and Highway Code (Section 8320 et seq. ) entitled "General Vacation Procedures," R:/Resos 2003/Resos 03-161 I Section 3: Based upon substantial evidence presented to the City Council during the October 28, 2003 Public Hearing, including public testimony and written and oral staff reports, the City Council finds as follows: a. All necessary public hearings and opportunities for public testimony and comments have been conducted in compliance with Streets and Highways Code Section 8322. Notices of the street vacation were posted along the portion of the right-of-way to be vacated in accordance with the provisions set forth in Streets and Highways Code Section 8323. c. The proposed street vacation will conform to the General Plan. d. The right-of-way proposed to be vacated is not useful for non-motorized transportation facilities. The City proposes to vacate the City's interest in un-built portion of Rancho California Road, which would cross over Murrieta Creek flood control channel, as described and depicted on Exhibits A and B attached hereto and made a part hereof by this reference. This portion of the street proposed to be vacated is unnecessary for public street purposes, and present or prospective public use. Section 4: The City Council of the City of Temecula hereby orders the vacation of the un-built portion of Rancho California Road, which would cross over Murrieta Creek flood control channel as described and depicted in Exhibits A and B hereto. Section 5: The City Council hereby directs the City Clerk 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 the County of Riverside. From and after the date that this resolution is recorded with the Riverside County Recorder, the portions of the un-built portion of Rancho California Road which would cross over Murrieta Creek flood control channel as described and depicted in Exhibits A and B hereto shall be vacated and shall no longer constitute a portion of the public streets of the City of Temecula. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of October, 2003. ATTEST: r- ones, CMC ____'(~~. Stone, Mayor R:/Resos 2003/Resos 03-161 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I Susan W. Jones, CMC City Clerk of the City of Temecula, California, do hereby cer[ify that Resolution No. 03-161 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 28'" day of October, 2003 by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2003/Resos 03-161 3 EXHIBIT 'A' LEGAL DESCRIPTION FOR STB~-~-T VACATION PORTION OF RANCHO CALIFORNIA ROAD) BEING A PORTION OF LOT 'A', OF PARCEL HAP NO. 12549, IN THE CITY OF TEMEC- ULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON HAp ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL HAP BOO[{ 74, PAGES 84 THROUGH 89, RECORDED FEBRUARY 5, 1980 OF OFFICIAL RECORDS, SAID LOT 'A' BEING DEDICATED AND ACCEPTED BY SAID COUNTY FOR PUBLIC USE FOR STREET AND U~ILITY PURPOSES AS THE SOUTHEASTERLY HALF OF RANCHO CALIFORNIA ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF THAT PARCEL SHOWN AS ~'REHAINDER PARCEL" OF SAID PARCEL MAP NO. 12549, SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERLy RIGHT-OF-WAY OF SAID RANCHO CALIFORNIA ROAD; THENCE ALONG SAID SOUTHEASTERLy RIGHT-OF-WAY NORTH 71°33'39" EAST 48.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGH-OF-WAY 1. NORTH 71"33'39" EAST 27.56 FEET 2. EASTERLY 332.17 FEET TO THE BEGINNING OF A TANGENT 1255.00 FOOT RADIUS CURVE CON- CAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID SOUTHEAST- ERLY RIGHT-OF-WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"09'54"; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY 3. NORTH 71"18'53" WEST 10.80 FEET; THENCE 4. SOUTH 63"19'53" WEST 350.87 FEET TO THE TRitE POINT OF BEGINNING. CONTAINS 0.100 ACRE, MORE OR LESS. PAGE 1 OF 1 Recording requested by and When recorded mail to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 Recorder: Index as Quitclaim Deed Documentary Transfer Tax $ 0.00 (Government Code 6103)* Computed on full value of property conveyed Computed on full value less liens and encumbrances remaining at time of sale For Riverside County Flood Control and Water Conservation District * This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and is exempt from Recording Fees (Govt. Code Sec. 27383) and from Documentary Transfer Tax (Rev & Tax Code Sec. 11922). QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation ("Grantor"), does hereby remise, release and forever quitclaim to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a public body, corporate and politic ("Grantee"), including successors or assigns, all of Grantor's right, title and interest in and to the easement located in the City of Temecula, County of Riverside, State of California, described in the legal description attached hereto as Exhibits "A" and "B" and made a part hereof. IN WITNESS WHEREOF, these presents are hereby signed this day of _, 2003. GRANTOR CITY OF TEMECULA, a municipal corporation By:, SHAWN NELSON, City Manager ATTEST: SUSAN JONES, City Clerk 739185-1 CERTIFICATE OF ACCEPTANCE (Govt. Code § 27281) This is to certify that the interest in that certain real property located in the City of Temecula, County of Riverside, State of California, conveyed by the Quitclaim Deed dated 2003, from the City of Temecula, a municipal corporation of the State of California ("Grantor"), to Riverside County Flood Control and Water Conservation District, a public body, corporate and politic ("Grantee"), is hereby accepted by the undersigned officer or agent on behalf of the Riverside County Flood Control and Water Conservation District, and that the Grantee consents to recordation thereof by its duly authorized officer. Dated: ,2003 Riverside County Flood Control and Water Conservation District, a public body, corporate and politic By: Chairman, Board of Supervisors ATTEST: Nancy Romero, Clerk to the Board of Supervisors 739185-1