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HomeMy WebLinkAbout90-069 CC ResolutionRESOLUTION NO. 90-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF MERCEDES THAT PURSUANT TO AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE. WHEREAS, it appearing to the satisfaction of the City Council of the City of Temecula, California, that a resolution of intention to vacate the hereafter portion of Mercedes Street was duly and regularly passed the City Council of the City of Temecula on the 14th day of June, 1990, and that said resolution was posted in three (3) public places pursuant to said Resolution No. 90-60, not more than fifteen (15) days from the date of passage or less than ten (10) days before the time of the hearing on the said proposed vacation; and that a "Notice of Public Hearing" was posted along the street to be considered for vacation in accordance with Chapter 3, Part 3, Division 9 of the streets and highways code and that said hearing on the proposed vacation having regularly come before the City Council for hearing on the 3rd day of July, 1990, at the hour of 7:00 P.M. on said day, the City Council having found from all the evidence submitted that the hereinafter described portion of Mercedes Street is unnecessary for present or prospective sheet purpose. NOW THEREFORE, it is hereby ordered that the portion of Mercedes sheet shown and described on attachment "A" hereto is hereby vacated subject to condition: That a mutual ingress and egress easement be negotiated, executed, and approved by the City Council of the City of Temecula and the State of California over the portion of Mercedes Street to be vacated prior to certification and recording of this resolution. BE IT FURTHER RESOLVED that the City of Temecula does herewith reserve and except from the vacation above referred to, a permanent public service easement over and upon vacation of said portion of Mercedes Street to construct, place, operate, inspect, maintain, repair, replace and remove such public utility underground and overhead facilities as may be necessary upon over and across the said portion of Mercedes Street herein vacated. BE IT FURTHER RESOLVED that the City Clerk shall cause a certified copy of this resolution of vacation, attested by the City Clerk, to be recorded, when the condition herein set forth has been satisfied, without acknowledgement, certificate of acknowledgement or further proof in the office of the Recorder of the County of Riverside. Resos 90-69 APPROVED AND ADOPTED this 3rd day of July, 1990. Ronald J. Parks, Mayor ATTEST: J e6ag_~reek, Deputy City Clerk [SEAL] I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90-69 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 3rd day of July, 1990, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None J~. Greek, Deputy City Clerk Resos 90-69 ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, suite 250 Temecula, California 92390 LEGAL DESCRIPTION ABANDONMENT MERCEDES STREET June 4, 1990 JN 26087-M1 Page 1 of 1 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Mercedes Street (60.00 feet wide) as shown on a map of the "Town of Temecula" filed in Book 15, Page 726 of Maps in the Office of the County Recorder of San Diego County, California, lying northerly of a line parallel and/or concentric with and 30.00 feet northerly from the following described line: BEGINNING at the centerline intersection of Moreno Road with Mercedes Street as shown on a map filed in Book 61, Page 14 of Records of Surveys in the Office of the County Recorder of said Riverside County; thence along said centerline of Mercedes Street South 72'51'02" East 31.50 feet to the beginning of a tangent curve in said centerline concave northerly and having a radius of 405.78 feet; thence along said curve and centerline easterly 134.62 feet through a central angle of 19°00'29"; thence tangent from said curve North 88°08'29" East 174.24 feet to the beginning of a tangent curve concave southwesterly and having a radius .of 150.00 feet, the southeasterly terminus of said curve being tangent to the centerline of said Mercedes Street (60.00 feet wide); thence along said curve southeasterly 121.30 feet through a central angle of 46°19'54" to said tangent intersection; thence tangent from said curve, along said centerline South 45°31'37" East 117.86 feet to the centerline of 6th Street. EXHIBIT "B" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 '1. ~0 EXHIBIT 'B' __ SKETCH TO ACCOMPAMT LEGAL DESCFIIFTION A ~A NQQNMEN T MERCEDES S?~ET DATE dUNE 4, I"-'50' C}~ben CBeirD c~11iam cFrOst C~e/qssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS F~t~L D BOOK JOB NO