HomeMy WebLinkAbout09_013 CC ResolutionRESOLUTION NO. 09-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING THE VACATION OF THE EXISTING
PUBLIC UTILITY EASEMENT GENERALLY LOCATED
BETWEEN SECOND AND THIRD STREETS AND BETWEEN
OLD TOWN FRONT STREET AND MURRIETA CREEK
CHANNEL
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Council hereby finds, determines, and declares that:
A. On November 5, 2008, the Planning Commission of the City of
Temecula reviewed the proposed vacation of the existing public utility easement as
depicted and described in exhibits "A" & "B" of this Resolution, attached hereto and
incorporated herein as though set forth in full, and determined that said General Vacation
is in conformance with the General Plan of the City of Temecula and adopted Resolution
No. PC 08-47.
B. Notice of the public hearing for the vacation of was posted and
published in the manner required by law (STREETS AND HIGHWAY CODE SECTIONS
8320(b), 8322(a) and 8323).
C. On January 27, 2009, the City Council conducted the public hearing
at the time and place specified in the duly published and posted notice of hearing and
heard any and all evidence offered by persons interested in the proposed vacation or
objecting to the proposed vacation and order the vacation of the above Public Utility
Easement. The City Council considered all of the written documents and comments of the
public concerning this matter.
D. In accordance with the California Environmental Quality Act, Public
Resources Code Section 21000 et seq. ("CEQA"), and the CEQA Guideline, 14 Cal. Code
Regs. § 15000 et. seq. ("CEQA Guidelines"), and the City's local CEQA Guideline, the City
Council has considered the proposed General Vacation of the in light of the
environmental review conducted for the City's General Plan. Specifically, the City Council
finds that the proposed vacation does not involve significant new effects, does not change
the baseline environmental conditions, and does not represent new information of
substantial importance from that considered in the prior environmental review which shows
that the proposed General Vacation will have one or more significant effects on the CEQA
Guidelines or Public Resources Code. Accordingly, no further environmental review is
required to Section 15162 of the CEQA Guidelines and Section 21166 of the Public
Resources Code.
R:IResos 2009IResos 09-13
E. Based on all of the evidence submitted at the hearing the existing
' public utility easement as depicted and described in exhibits "A" & "B" of this Resolution is
not necessary for present or prospective public use.
F. The vacation of the existing public utility easement as depicted and
described in exhibits "A" & "B" of this Resolution conforms to the General Plan and each
element thereof.
SECTION 2. The City Council of the City of Temecula hereby vacates the alley and
public utility easement as depicted and described in exhibits "A" & "B" of this Resolution.
SECTION 3. Pursuant to Streets and Highways Code Section 8325, the City Clerk
is authorized and directed to certify the adoption of this Resolution and to cause the
original resolution to be recorded in the official records of Riverside County, California.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27th day of January, 2009.
Edwards, Mayor
ATTEST:
[SEAL]
R:/Resos 2009/Resos 09-13 2
STATE OF CALIFORNIA,
' COUNTY OF RIVERSIDE
CITY OF TEMECULA
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-13 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 27th day of January, 2009, by
the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
Washington, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan . Jones, MMC
City Clerk
1
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EXHIBIT A- LEGAL DESCRIPTION
VACATION OF ALLEY
BEING A STRIP OF LAND AS SHOWN ON BLOCK 29, OF THE MAP OF THE TOWN OF
TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, MAP RECORDED IN BOOK15, PAGE 726, OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
THE NORTHERLY 10 FEET OF THE 20 FOOT WIDE ALLEY WITHIN BLOCK 29 OF THE
ABOVE REFERENCED MAP OF THE TOWN OF TEMECULA, INCLUDING THE
NORTHEASTERLY 10 FOOT PORTION OF THE ALLEY ABANDONED BY THE
RIVERSIDE COUNTY BOARD OF SUPERVISORS, RESOLUTION NO. 75-104,
RECORDED AS INSTRUMENT NO. 46491, MARCH 5, 1975, IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA.
THE ABOVE DESCRIBED PORTION OF LAND IS SHOWN ON EXHIBIT 'B" ATTACHED
HERETO. EXHIBIT "B" IS SOLEY AN AID IN LOCATING THE PARCEL AND IS NOT A
PART OF THE WRITTEN DESCRIPTION HEREON.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
OARRIN P. GINN
No. 7075
Exp. 12/31/10
OF
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Darrin P. Ginn, LS 7075
EXP. 12/31/10
Prepared for and on behalf of HLC
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Date
Page 1 of I
EXHIBIT B - MAP
VACATION OF ALLEY
ABANDONED BY RESOLUTION NO. 75-104,
RECORDED AS INSTRUMENT NO. 46491,
RIVERSIDE COUNTY, CALIFORNIA MARCH
5, 1975.
- --I
PARCEL 7021-31
l-~ N4529'25"W .
PARCEL 7021-2010.00'
R.S. 119/40-44.
~j RIVER STREET
THIS PLAT IS SOLELY AN AID
IN LOCATING THE PARCEL
DESCRIBED IN THE ATTACHED
DOCUMENT. IT IS NOT A PART
OF THE WRITTEN DESCRIPTION
THEREIN.
R.S. 119/40-44,
SITE
VICINITY MAP
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AREA
12,850 SF,
±0.065 ACRES
PARCEL 7021-19
RS. 119/40-44,
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DARRIN P. GINN, LS 7075 D TE
EXP. 12131110
PREPARED FOR AND ON BEHALF OF HLC
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DARRIN P. GINN
No. 7075
Exp. 12131110
PREPARED 1107109
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