HomeMy WebLinkAbout94-006 CC ResolutionRESOLUTION NO. 94-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, TO SUMMARILY VACATE
A PORTION OF CAMPANULA WAY SOUTHERLY OF DE
PORTOLA ROAD BETWEEN MARGARITA ROAD AND
MEADOWS PARKWAY PURSUANT TO THE AUTHORITY
PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE
STREETS AND HIGHWAY CODE, SUBJECT TO THE
ASSOCIATED OFFER OF DEDICATION OF REALIGNED
CAMPANULA WAY.
The City Council of the City of Temecula does resolve, determine and order as follows:
WHEREAS, Streets and Highway Code Section 8330 ~ provides for a method by which
City streets may be summarily vacated; and
WHEREAS, Streets and Highway Code Section 8333 provides that the City Council may
summarily vacate a street easement if the easement has been superseded by relocation and there
are not other public facilities located within the easement and said circumstances apply to the
easement in the present case; and
WHEREAS, the legal description for these portions of Campanula Way is set forth in Exhibit
"A", attached hereto;
WHEREAS, the portions of Campanula Way as depicted in Exhibit "B" attached hereto, has
been offered for dedication to the City of Temecula on Parcel Map No. 23432;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1: That the City Council of the City of Temecula hereby finds as follows:
(a) That the City Council intends to summarily vacate that portion of a street
easement in the City of Temecula, described as follows:
That portion of that street known as Campanula Way southerly of De Portola
Road between Margarita Road and Meadows Parkway, as shown on Parcel Map
No. 23432 on file in the office of the County Recorder of Riverside County. That
portion is more particularly described in Exhibits "A" and "B" which are attached
hereto and incorporated herein by this reference.
Said easement is no longer necessary because the street has been relocated; and
Resos 94-06 1
(c) Vacating the street easement is consistent with the General Plan adopted by the
City of Temecula on November 9th, 1993.
Section 2:
The easement described in Exhibits 'AM and ~B' which are attached hereto and
incorporated herein by this reference is hereby vacated and shall no longer constitute
an easement or right-of-way of the City of Temecula and shall revert back to the
property owner.
Section 3:
This vacation is subject to the condition that the property owner offer for dedication
for a public street and right-of-way the land described in Exhibit 'C~, attached
hereto.
Section 4: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 25th day of January, 1994.
ATTEST:
[SEAL]
Resos 94-06 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 94-06 was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 25th day of January, 1994, by the following vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Mufioz, Parks, Stone
Roberts
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS: None
Greek,
City Clerk
Resos 9406 3
EXHIBIT 'A' TO RESOLUTION NO. 94-06
Summarily vacate a portion of Campanula Way southerly of De
Portola Road between Margarita Road and Meadows Parkway, subject
to the associated offer of dedication of realigned Campanula Way.
(Legal description attached)
Resos 94-06 4
ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
28765 Single Oak Drive
Temecula, California 92590
EXHIBIT 'A'
Revised November 30, 1993
November 2, lg93
JN 400488-M1
Page 1 of 1
LEGAL DESCRIPTION
VACATION OF CAMPANULA WAY
That certain parcel of land situated in the City of Temecula, County of
Riverside, State of California, being that portion of Campanula Way shown as a
"Road Easement" lying within Parcels 1, 2, 3 and 51 of Parcel Map No. 23432 filed-
in Book 159, Pages 38 through 61 of Parcel Haps in the Office of the County
Recorder of said Riverside County and being bounded northerly by the southerly
line of De Portola Road (100.00 feet wide) as shown on said parcel map and
southerly by the northerly line of a strip of land 100.00 feet wide, the
centerline of which is described as follows:
BEGINNING at the intersection of the centerline of Meadows Parkway with the
centerline of Campanula Way as shown on said parcel map;
Thence along said centerline of Campanula Way South 54°00'00" West 123.00 feet
to the beginning of a tangent curve concave northerly and having a radius of
1000.00 feet;
Thence along said curve westerly 691.21 feet through a central angle of
39'36'12";
Thence tangent from said curve North 86'23'48" West 333.69 feet to the beginning
of a tangent curve concave northeasterly and having a radius of 1000.00 feet;
Thence along said curve northwesterly 939.22 feet through a central angle of
53°48,48',;
Thence tangent from said curve North 32'35'00" West 114.41 feet to a point in the
centerline-of De Portola Road as shown on said parcel map.
EXHIBIT 'B" attached and by this reference made a part hereof.
Lawrence L. Bacon, L.S. 3527
ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
28765 Single Oak Drive
Temecula, California 92590
EXHIBIT 'A'
LEGAL DESCRIPTION
RIGHT-OF-WAY FOR CAMPANULA WAY
Revised December 16, 1993
November 2, 1993
JN 400488-M2
Page 1 of 3
Those certain parcels of land situated in the City of Temecula, County of
Riverside, State of California, being those portions of Parcels 1, 2, 3 and 51
of Parcel Map No. 23432 filed in Book 159, Pages 38 through 61 of Parcel Maps in
the Office of the County Recorder of said Riverside County, described as follows:
PARCEL I
A strip of land 100.00 feet wide, the centerline of which is described as
follows:
BEGINNING at the intersection of the centerline of Meadows Parkway with the
centerline of Campanula Way as shown on said parcel map;
Thence along said centerline of Campanula Way South 54°00'00" West 123.00 feet
to the beginning of a tangent curve concave northerly and having a radius of
1000.00 feet;
Thence along said curve westerly 691.21 feet through a central angle of
39'36'12";
Thence tangent from said curve North 86'23'48" West 333.69 feet to the beginning
of a tangent curve concave northeasterly and having a radius of 1000.00 feet;
Thence along said curve northwesterly 939.22 feet through a central angle of
53'48'48";
Thence tangent from said curve North 32'35'00" West 114.41 feet to a point in the
centerline of De Portola Road as shown on said parcel map.
EXCEPTING TI'IEREFROM that portion included within Meadows Parkway (100.00 feet
wide}, Campanula Way {variable width) and De Portola Road (100.00 feet wide),
shown as "Road Easements" on said parcel map.
COI~rAINING: 4.0343 Acres, more or less.
Robert Bein, William Frost & Associates
Right-of-Way for Campanula Way
Revised December 16, 1993
November 2, lg93
JN 400488-M2
Page 2 of 3
PARCEL 2
BEGINNING at the intersection of the southeasterly line of De Portola Road
{100.00 feet wide) with the southwesterly line of the aforedescribed Parcel 1,
said southeasterly line being a curve concave northwesterly and having a radius
of 1250.00 feet, a radial line of said curve from said point bears
North 30'17'27" West;
Thence along said southeasterly line and curve southwesterly 21.71 feet through
a central angle of 0'59'42";
Thence non-tangent from said curve South 75°56'23" East 31.58 feet to a point in
said southwesterly line of Parcel 1 (100.00 feet wide);
Thence along said southwesterly line North 32'35'00" West 21.91 feet to the POINT
OF BEGINNING.
CONTAINING:
0.0054 Acres, more or less.
PARCEL 3
BEGINNING at the intersection of the southeasterly line of De Portola Road
(100.00 feet wide) with the northeasterly line of the aforedescribed Parcel 1
(100.00 feet wide), said southeasterly line being a curve concave northwesterly
and having a radius of 1250.00 feet, a radial line of said curve from
said point bears North 34'52'33" West;
Thence along said southeasterly line and curve northeasterly 21.71 feet through
a central angle of 0'59'42";
Thence non-tangent from said curve South 10'46'23" West 31.58 feet to a point in
said northeasterly line of Parcel 1 (100.00 feet wide);
Thence along said northeasterly line North 32'35'00" West 21.91 feet to the POINT
OF BEGINNING.
CONTAINING:
0.0054 Acres, more or less.
PARCEL 4
BEGINNING at the easterly terminus of a course in the southerly line of Campanula
Way shown as "North 80'40'17" West 32.71 feet" on said parcel map, said terminus
being a point on a curve in the southwesterly line of Meadows Parkway (100.00
feet wide) concave southwesterly and having a radius of 1550.00 feet, a radial
line of said curve from said point bears South 54°39'26" West;
Thence along said southwesterly line and curve southeasterly 6.09 feet through
Robert Beln, William Frost & Associates
Right-of-Way for Campanula Way
Revised December 16, 1993
November 2, lgg3
JN 400488-M2
Page 3 of 3
a central angle of 0'13'30";
Thence non-tangent from said curve North 80°33'32" West 32.78 feet to the
southeasterly line of the aforedescribed Parcel 1 (100.00 feet wide);
Thence along said southeasterly line North 54'00'00" East 6.01 feet to said
course shown as "North 80'40'17" West 32.71 feet";
Thence along said course South 80°40'17" East 24.28 feet to the POINT OF
BEGINNING.
CONTAINING:
0.0028 Acres, more or less.
PARCEL
BEGINNING at the northerly terminus of a course in the northerly line of
Campanula Way shown as "North 10'08'51" East 31.87 feet" on said parcel map, said
terminus being a point on a curve in the southwesterly line of Meadows Parkway
(100.00 feet wide) concave northeasterly and having a radius of 1650.00 feet, a
radial line of said curve from said point bears North 56'17'43" East;
Thence along said southwesterly line and curve northwesterly 5.g2 feet through
a central angle of 0°12'20";
Thence non-tangent from said curve South 10'15'02" West 31.81 feet to the
northwesterly line of the aforedescribed Parcel 1 (100.00 feet wide);
Thence along said northwesterly line North 54°00"00" East 5.99 feet to said
course shown as "North 10'08'51" East 31.87 feet";
Thence along said course North 10'08'51" East 23.21 feet to the POINT OF
BEGINNING.
CONTAINING:
0.0026 Acres, more or less.
PARCELS 1 lltROUGIt 5 CONTAINING: 4.0505 Acres, more or less.
SUBJECT TO all covenants, rights, rights-of-way and easements of record.
EXHIBIT 'B' attached and by this reference made a part hereof.
Lawrence L. Bacon, L.S. 3527
EXHIBIT "B" TO RESOLUTION NO. 94-06
SUBJECT SUMMARY VACATION - A PORTION OF CAMPANULA WAY
(Map Attached)
Resos 94-06
PCL.
2
MAP
P.M.B.
PCL.
PCL. /
PCL. .,, 5/
EXHIBIT "B" SKETCH
TO ACCOMPANY LEGAL DESCRIPTION
ViIC A T/OAF OF
CAMPANULA kVA Y
$11E~T I OF I $tlE~T
NOV. Z, 1993
.¥
Z~'Z~ !~ 770 A/
EXHIBIT "B" SKETCH
TO ACCO~ANY LEGAL DF~CR~PT~Ofi
CAMPA Nil( A HIA Y
EXHIBIT "C" TO RESOLUTION NO. 94-06
SUBJECT OFFER OF DEDICATION - ROAD PURPOSES
(Legal Description, Map, and Offer of Dedication attached)
Resos 9406 6
STATE OF CALIFORNIA )ss.
COUNTY OF
On J~n_t~r'~, '1 ?,
personally appeared
personally known to me (or proveO
to me on the basis of satisfactory evi~encel to be the person(s) wr~ose name(s) is/are subscnDeO to the w~thm
~nstrument and acknowledged to me that he/she/they executed the same in h~s/her/tne~r authorized capac~ty(~es),
and that by h~s/ner/the~r s~gnature(s) on the ~nstrumen! the person(s) or the entity upon behalf of which II3e
person(s) actecl, executed the ~nstrument.
WITNESS my ban0 an0 official seal
Signature ~//~-~,, ~., ..,~-
~:...,i~,~,~.,~ OcFICIAL NOTARY SEAL
C~ROLYN S AGNEW
RIVERSIDE COUNTY
MY Comm. Ex13res DEC 16,1994
('This area for official nolar~al seal)
~ PARCEL MAP
PAR£~L
DETAI£ '~"
$CAL. E : I" -' I0~'
NOV. g, 1995 ;EI//,.~ /'Z /IG/.~.~ JJ~. 40048e-t~Z
EXEMPT RECORDING REQUESTED BY
City of Temecula
PER GOV~I' CODE § 6103
AND WHEN RECORDED MAIL TO
City of Temecula - City Clerk' s Dept.
43174 Business Park Drive
Temecula, CA 92590
MAIL TAX 'S'~Fg-Ti~I-I~N~S TO
City of Temecula
43174 Business Park Drive
Temecula. CA 92590
OFFER OF DEDICATION - ROAD PURPOSES
(Corporation)
The undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable
offer of dedication to the City of Temccula, a political subdivision of the State of California, and its successors or assigns, for
street and highway purposes, the real property situated in the City of Temecula, County of Riverside, State of California, described
in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto.
It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such
offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,
until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors
or assigns.
The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personM representatives
of the respective parties hereto.
IN WITNESS TIIEREOF, these presents have executed this instrument
this day of
ffI'ATE OF CALIFORNIA }SS.
COUN'I~' OF RIVERSIDE }
On , before me, the undersigned,
a Notary Public in and for the State of California, personally appeared
· personally known
to me (or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/
their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the persons(s}, or the cntiiy upon behalf of which the
person(s) acted, executed the instrument.
Print Name and Title
Csaba Ko, Vice President
KRDC, Inc.
a California C~rporation
Secretary
WYFNF~qS my hand and official seal.
Signature
CONSENT
The City Council, City of Temccula hcrcby consents to the grant of real property set forth above.
ATTEST:
June S. jrCTff'ek
(';tu
Cit~la
Ronald H. Roberts, Hayor