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Home My WebLink About08-031 CC ResolutionRESOLUTION N0.08~7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO CONDITIONALLY VACATE PORTIONS OF YNEZ ROAD AND SETTING A PUBLIC HEARING THEREON (ABBOTT CARDIOVASCULAR SYSTEMS, INC., APPLICANT) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City of Temecula declares its intention to order the conditional vacation of portions of the public street easement on Ynez Road in the vicinity of Motor Car Parkway. The purpose of the proposed construction is to accommodate the private pedestrian bridge across Ynez Road that will join the facilities of Abbott Cardiovascular Systems Inc. ("ACS") on either side of Ynez Road. ACS owns the underlying fee interest in Ynez Road. Vacation of a portion of the airspace above the road and on and under the surface of a small portion of the median will allow ACS to construct the pedestrian bridge and obtain satisfactory title insurance for the pedestrian bridge. Section 2: The City intends to conditionally vacate the following portions of the public street easement on Ynez Road, which are described collectively on Exhibit "A" to this Resolution: portions of the public street easement described as Parcel 1 comprising the air 0 space rights and depicted on Exhibit "B" to this Resolution; portions of the public street easement described as Parcel 2 comprising the vacation of portions needed for the pedestrian bridge pier and depicted on Exhibit "C" to this Resolution; and portions of the public street easement described as Parcel 3 comprising the portions needed for the pedestrian bridge footing and depicted on Exhibit "D" to this Resolution. Exhibits "A" through "D" are incorporated herein by this reference. Section 3: The City Council hereby sets a public hearing on the proposed vacation to take place on April 8, 2008, at 7:00 p.m. in the Council Chambers of the Temecu-a City Hall. At the hearing, any and all persons interested in or objecting to the proposed vacation may express their position on the matter and will be heard. At the close of the public hearing, the City Council will consider the adoption of a resolution that declares the street segment proposed for vacation to be unnecessary for present and prospective street purposes and order the conditional vacation of the above portions of the public street easement on Ynez Road. Section 4: The City Clerk is hereby directed to publish, mail and post notices of the hearing at least two (2) successive weeks before the scheduled hearing, all in conformity with and in the manner provided by California Streets and Highway Code Sections 8320, 8322 and 8323. n R:/Resos 200elResas 0&31 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18th day of March, 2008. Michael gar, Mayor ATTEST: i~~~~ 0 R:/R85os 2008/Resoa 0&31 ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08-31 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of March, 2008, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar ABSTAIN: 0 COUNCIL MEMBERS: None ' Susan Jones, MMC City Clerk 1 R:/Resos 2008/Resos 08-31 3 a EXHIBIT "A" LEGAL PARCEL 1 FOR STREET VACATION OF AIIt SPACE RiGHTB FOR PEDFSPRL+N BRmGE PURPLES 0 A VOLUME OF ABiSPACB OVBR THAT PORTION OF TRACT N0.3334 RECORDED IN BOOK 54 OF MAPS AT PAOES 25 - 30 AND THAT PORTION OF THB GRANT OF BABBMBNT FOR PUBLIC ROAD AND DRAINAGB PURPOSBS, RBCORDED FBBRTJARY 9, 1993 AS DOCUMENT NO. 50724 OF OFFICIAL RBCORDS, IN THE OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RNERSID$ STATE OF CALII~'ORNIA LYING BELOW AN BLBVATION OF 1089.00 FBBT AND ABOVB AN ELEVATION OF 1071.50 FBBT PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATBD AS "T-46-81 RBSBT 1997", HAVING AN ELEVATION OF 1097.163, BSTABLISHBD ON ]UNB 12, 1997, ON FILE WITH THB COUNTY OF RIVBRSID$ BEING MORE PARTICULARLY DBSCRIBBD AS FOLLOWS AND MORE CLEARLY SHOWN ON BXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF: COMMBNCING AT THB CEIVIERLINE INTERSBC'fION OF YNBZ ROAD (134.00 FEET WIDE) AND MOTOR CAR PARKWAY (60.00 FEET WIDE PRIVATE ROAD AND UTTI.YliE.4 F.ASEMl,3NT) A3 SHOWN ON PARCEL MAP 23354 RECORDED IN BOOK 152 , OF PARCEL MAPS AT PAGBS 74 - 76 IN THB OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSID$ STATE OF CALIFORNIA; THENCE NORTHERLY ALONO THB CENTERLINE OF SAID YNBZ ROAD NORTH 10°12'45" WEST A DISTANCE OF 64.87 FBBT TO THB TRUE POINT OF BEGIlVPiING; THENCE LEAVING SAID CffidTERLIIVB OF YNEZ ROAD SOUTH 79°47'54" WEST A DISTANCB OF 67.00 FEBT TO THE WESTERLY RIGHT-0F-WAY OF SAID YNEZ ROAD A3 SHOWN ON SAID DOC[MENT N0.50724; TRENCH NORTHERLY ALONG SAID WBSTERLY RTOHT-0F-WAY NORTH 10°12'45" WEST A DISTANCE OF 13.50 FEET; THBNCE LEAVING SAID WBSTERLY RIGHT-0F-WAY NORTH 79°47'54" BAST A DISTANCE OF 134.00 FBBT TO THB BASTBRLY RIGHTAF-WAY OF SAID YNEZ ROAD AS SHOWN ON THE GRANT OF BASEMENT FOR PUBLIC ROAD AND DRATNAGB PURPOSES, RECORDED FEBRUARY 9, 1993 A3 DOCUbffiVT NO. 50718 OF OFFICL9I, RBCORDS, IN THE OFFICB3 OF THB COUNTY RECORDER OF THE ~< COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE 30UTFIBRLY ALONG SAID EASTERLY RIGHT-0F-WAY SOUTH 10°12'45" EAST A DISTANCE OF 13.50 FEET; j THENCE LEAVING SAID EASTBRLY RIGHT-0F-WAY SOUTH 79°47'54" WEST A ~, DISTANCE OF 67.00 FEET TO THE TRUE POINT OF BF.GIlVNING. t a PARCEL 2 FOR STREET VACATION OF AIR SPACE RIGHTS FOR PEDESTRIAN BRIDGE PDLR A VOLUME OF ADtSPACB OVER THAT PORTION OF LOT "H" OF TRACT NO. 3334, RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IId THB OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RTi+ERSIDB, STATE OF CALIFORNIA LYING BELOW AN BLEVATION OF 1071.50 FEET AND ABOVE AN ELEVATION OF 1053.00 FBBT PER THE RTi~ER3ID8 COUNTY BENCH MARK DESIONATBD A3 "T-46- 81 RESET 1997". HAVING AN BLEVATION OF 1097.163. BSTABLI3IIBD ON JUNG 12, 1997. ON FII.E WITH THB COUNTY OF RTirERSIDB, THB TOP OF SAID PORTION BEING RECTANGULAR AND THE BOTTOM OF 3AID PORTION BEWG CIRCULAR, THB 3IDB3 OF SAID PORTION BEING IN A STRAIGHT LINE BETWEEN THE TOP AND BOTTOM EDGES BEWG MORE PARTICULARLY DE3CRB3ED A3 FOLLOWS AND MORE CLEARLY SHOWN ON EXHIBTC "C" ATTACHED HBRBTO AND MADE A PART HBItFAF: BOTTOM DESCRIPTION (at elevation 1033.00): COMMENCING AT THE CEIVTERLIIQE W18It3ECTION OF YNEZ ROAD AND MOTOR CAR PARKWAY AS SHOWN ON PARCEL MAP NO.23354 RECORDED IN BOOK 152 OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDBR OF SAID COUNTY OF RTiB1t3IDB; a THENCE NORTHBRLY ALONG THB CENTSRLII~E OF SAID YNBZ ROAD NORTH 10°12'45" WBST A DISTANCE OF 71.87 FEET; TRENCH LEAVING SAID CSNIERLWE NORTH 79°47' IS" EAST A DISTANCE OF 6.00 FEET TO THE TRUE POINT OF BEGIINING, SAID POINT OF BEGINNING BEING THE CENTBR OF A 3.00 FOOT RADR7S EASEMENT. TOP DESCRIPTION (at elevation 1071.50): COMMBTICINO AT THE CSNTERLIldE IIV'TERSBCTION OF YNEZ ROAD AND MOTOR CAR PARKWAY AS SHOWN ON PARCEL MAP N0.23354 RECORDED IIJ BOOK 152 OF PARCEL MAPS AT PAOBS 74 - 76 IN THB OFFICES OF THE COUNTY RECORDER OF SAID COUNTY OF RTiBR3IDE; THENCB NORTHERLY ALONG THB CEMTERLIIdE OF SAID .YNBZ ROAD NORTH 10°12'45" WEST A DI3TANCB OF 65.12 FEET; THENCE LEAVING SAID CENTERLIIQE OF YNEZ ROAD NORTH 79°4T 15" .EAST A DISTANCE OF 2.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79°47'54" EAST A DISTANCE OF 7.00 FEET; O THENCE NORTH 10°12'06" WEST A DISTANCE OF 13.00 FEET; 2 THENCE SOUTH 79°47'54" WBST A DISTANCE OF 7.00 FEET; THENCE SOUTH 10°12'06" EAST A DISTANCE OF 13.00 FEBT TO THE TRUE POINT OF BEGINNING. PARI;EL 3 FOR STREET VACATION OF RIGHTS FOR PEDESTRIAN BRIDGE FOOTING A VOLUME OF SPACE UNDER THAT PORTION OF LOT "H" OF TRACT NO. 3334, RECORDBD IId BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE COUNTY RECORDER OF THB COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LYING BELOW AN ELEVATION OF 1053.00 FEET AND ABOVE AN ELEVATION OF 953.00 FE,BT PBR THB RIVERSIDE COUNTY BBNCH MARK DESIGNATED A3 "T-46-81 RBSBT 1997", HAVIIdO AN ELEVATION OF 1097.163, BSTABLL4HIID ON JUNE 12, 1997, ON FILB WITH THE COUNTY OF RIVERSIDE, BB1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS AND MORE CLEARLY SHOWN ON B7tEiIBTf "D" ATTACHED IB;RE'PO AND MADB A PART HEREOF: COMMENCING AT THE CENCERLII4E IIVTERSECTION OF YNEZ ROAD AND MOTOR CAR PARKWAY AS SHOWN ON PARCEL MAP N0.23354 RECORDED IN BOOK 152 OF PARCEL MAPS AT PAGB3 74 - 76 IN THE OFFICES OF THB COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE; THENCE NORTHERLY ALONG THE CIIVTERLIIVE OF SAID YNEZ ROAD NORTH 10°12'45" WEST A DISTANCE OF 71.87 FBET; THENCE LBAVING SAID CENTERLINE NORTH 79°47' 15" BAST A DISTANCE OF 6.00 FEET TO THE TRUE POINT OF BEGIl~iNING, SAID POINT OF BBGINNING BEING THB CENTER OF A 3.00 FOOT RADIUS EASEMENT. 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