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Home My WebLink About11-029 CC Resolution RESOLUTION NO. 11-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG PORTIONS OF MORAGA ROAD AND VIA LAS COLINAS AT PARCELS 1 AND 2 OF PARCEL MAP 35481 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declares as follows: A. The Owner's Statement of Parcel Map No. 35481 provides that the Owner of Parcel 1 and 2 will have no rights of access to Moraga Road and Via Las Colinas, excepting two 70-foot wide access openings located at Via Las Colinas for each respective parcel. B. In November 2010, the Owner of Parcels 1 and 2 of Parcel Map No. 35481 (hereinafter "Owner") filed a lot line adjustment application with the City necessitated by a change in the proposed building footprint for Parcel 2. The proposed building configuration will require the relocation of the existing Parcel 2 driveway access opening at Via Las Colinas and also the addition of a second driveway access opening at Moraga Road. C. The Owner now desires to vacate the restricted access along Moraga Road and Via Las Colinas as shown on Parcel Map No. 35481 to allow for relocation of the existing access openings to new locations that accommodate onsite building configuration and traffic circulation. The vacation will also allow a future relocation of the current access opening for Parcel 1, once a future building configuration is finalized for this parcel. Final driveway locations shall be pursuant to City standards and approval by the City Engineer. - D. The City Council desires to effectuate the intention of the Owner by summarily vacating the existing restricted access along the westerly side of Moraga Road and northerly side Via Las Colinas fronting Parcels 1 and 2 of Parcel Map No. 35481 and as described on Exhibits "A" and "B", attached hereto. E. This vacation is made pursuant to Section 8330 to 8336 of the Streets and Highways Code. � F. This vacation will not change current access rights to Parcels 1 and 2 of Parcel Map No. 35481 abutting Moraga Road and Via Las Colinas. R:/Resos 2011/Resos 11-29 1 G. There are no public utility easements or facilities which will be affected by this vacation. Section 2. The restricted access along Moraga Road and Via Las Colinas on Parcels 1 and 2 of Parcel Map 35481, as described on Exhibit "A" and "B", is hereby vacated and shall no longer constitute an easement or right of way or other interest in real property of the city of Temecula and shall revert to the Owner. Section 3. The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Streets and Highway Code Section 8336. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5 th day of April, 2011. Ron Roberts, Mayor ATTEST: Susan . Jones, MC ' CI k [SEAL] R:/Resos 2011/Resos11-29 2 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. 11-29 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5 day of April, 2011, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None �-�r..rt Susan . Jones, MMC City Clerk R:/Resos 2011/Resos 11-29 3 EXHIBIT r. . LEGAL DESGRIPTION SUMMARY VACATION O.F. RESTRICTED ACCESS MORAGA ROAD &.VIA LAS COLINAS . The City of Temecula hereby grants all access rights to grantee; appurtenant t9 �antee's property, in and to 1Vioraga Road and Via Las Colinas over and across the courses described as _ follows:. All that certain parcel of larid situated in the City of Temecula, County of Riverside, State of Califoinia, being a portion of Parcels 1 arid 2 of Parcel Map 35481, .as shown by Map on file in book 227, pages 23. and 24, inclusive, of Parcel Maps, records of Riverside Gounty, State of . California, more paTEiculazly described as follows: . BEGINNING.at a pouit on tlie Westerly right-of-way of Moraga Road (66.00 feet wide), being the most:LVortheasterly corner of said Parcel 2, said point also being the Southeasterly tenninus of the course tliat reads North 60°45.'S1" West T9.70 feet, per said Pareel.Map.35481, and the beginning of a non-tangent curve, .concave Westerly; having a radius of 767.00 feet; Thence Southerly along said curve fhrough a central angle of 13°57'36" an arc lengtli of 186.88 feet to the.terminus of said curve; Thence South 00°17'41" East, 162.59 feet; : Therice $outh 44°42' 19" West, 35.36 feet to tlie Northerly riglit-of way of:Via Las Colinas (60 feet. wide); . : Thence South 89°42' 19" West; 206:96 feet to the beginning of a tangerit curve concave Southerly, having a radius of 530.00 feet; Thence Southwesterly along said curve through a central angle of 27°00'OQ" an arc length of 249.76 feet to.the.terminus.of said curve; Thenee South 62°42' 19" West, 198.84 feet. to the Southwest corner ofsaid Parcel l of Parcel IVIap 3548 and. the.POINT OF TERMINUS, Exhibit "B" is attached hereto. and made a part hereof. 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' " _ � . . . . . 1 _ _ . - . . . . - . � - �� ,, - . . . . . - . . / , �' EXIST. �' `� � � � ACCESS_ � � y�� rL OPENING � :`.••�,,, �I� r�, TO BE REMOVFD ,�' � �� Q �. y �0 �� ; 4 L=249.76' � ¢ �� '� R.=53D.00' '� ! �� ` � � ,� d=27ti0'00 Q�,� I .: 4 � y 12z' . � � � 55' g�� G EXIST. � i I � 4' ACCESS � p �'ND S(� _ 4. OPENING � �� ' Q TO BE REMOVED , v�� DEYnr� �O -----'_' — ` —+ Qani 1�! 37 � - *. � N !�4'�1 ,k,. � - e� � � 0 ~ 3�� . ' , ', , . � � 3 . . � ' � : ��, �FO 6 C 1� a� y �,� ; '3'�►4� 1+ , � �� Q ° N 0 r LEGEND coT� � 0.: v� ----. PROPERTY LINES � �1 I 67; 6 � � RESiRICTFD ACCFSS � 4 I PfR PM 35481 — — P.0.6. PO/NT OF BE�NNIN6 0. � I AR�� 8B ' P.O.T. POINT OF IERMINU3 I P� g BgJgg P.O.T. � P�$� � SUMMARY VACATION OF RESTRICTED ACCESS SHEET 1 OF 1 DATE: M�t 14.111.03P�t FI[.EZ1Pito�crs12010U0-039�PROD1MArrawclLLAUO-03�RA-Vnc�+�r�on�ovvc: