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Home My WebLink About94-109 CC ResolutionRESOLUTION NO. 94-109 A RESOLSON OF THE CITY COUNCIL OF THE CITY OF TEMF. LTJLA, CALIFORNIA, SUMMARILY VACATING AN EXISTING FORTY (40) FOOT ACCESS OPENING EXCEPTION TO RF~TRICTED AB~ RIGHTS FOR PARCF_~ 2 AND 3 OF PARCEL MAP 23561-2 LOCATED ON JEFFERSON AVENUE BETWF~EN SANBORN AVENUE AND BUECKING DRIVE THE CITY COUNCIL OF THE CITY OF TEMEC~ DOES I4ERElqy RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: a. The "Owner's Statement" of Parcel Map 23561-2 provides for the dedication of certain property in the Tract for slxeet and public utility purposes (known as "Jefferson Avenue"). b. The Owner's Statement further provides that the Owner will have no rights of access to Jefferson Avenue, except for the general right of travel, and specifically excepts therefrom "two adjacent (200 foot access openings, one each, for Parcel Number 2 and Number 3, as shown" on the Parcel Map (hereinafter referred to as "Access Openings for Parcels 2 and 3"). The legal descriptions of said Access Openings for Parcels 2 and 3 is set forth on Exhibit A, attached hereto and incorporated herein by this reference. c. The Owner of Parcels 1, 2, 3 and 4 of Parcel Map 23561-2 (hereinafter "Owner") now desires to relocate the Access Openings for Parcels 2 and 3 by creating a new access opening on Parcel 2 and a new joint access opening for Parcel 3 on Parcels 3 and 4. d. The City desires to effectuate the intention of the Owner by vacating the Access Openings for Parcels 2 and 3 and accept the relocated access openings for Parcel 2 and new access openings for Parcels 3 and 4. e. Streets and Highways Code Section 8333 provides the authority for the City Council to summarily vacate an access easement if the easement has been superseded by relocafion and there are no other public facilities located within the easement. f. The Access Openings for Parcels 2 and 3 contain no public facilities and said access easements are no longer necessary because the access openings will be relocated to other portions of Parcel Map 23561-2 as a condition of this vacation. Re~s9~l~ 1 Section 9. The Access Openings for Parcels 2 and 3, as legally described on Exhibit A, are 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. This vacation is subject to the condition, and this Resolution shall not be recorded, until such time as the City Engineer has accepted and approved a document to be recorded concurrently with this Resolution relocating the Access Openings for Parcels 2 and 3 to alternate locations on Parcel Map 23561-2 as approved by separate action of the City Council. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 15th day of November, 1994. ATTEST: [SEAL] Resos 94-109 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 94-109 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 15th day of November, 1994, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1~o~ 94-109 3 EXHIBIT "A' TO RESOLUTION NO. 94- I ~ Summarily vacate an existing forty (40) foot access opening on Jefferson Avenue between Sanborn Avenue and Buecking Drive, subject to the associated offer of dedication of alternate access(es) to Parcels 2 and 3 of Parcel Map No. 23561-2. (Legal description attached) pwOS~gdq~94\l ] l$\jeffema.va¢ EXHIBIT "A" LEGAL DESCRIPTION SUMMARY VACATION OF ACCESS OPENING AND DEDICATION OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) TO JEFFERSON AVENUE Being that portion of Parcels 2 and 3 as shown in Parcel Map 23561- 2, recorded in Book 168, Pages 71-73 of Parcel Maps, Records of Riverside County, California; commencing at the most Southerly corner of said Parcel 3; thence North 48039'30" West along the Northeasterly Right of Way line of Jefferson Avenue, a distance of 20.00 feet to the POINT OF BEGINNING; thence South 48039'30' East along the Northeasterly Right of Way line of Jefferson Avenue, a distance of 40.00 feet, to the end of the Jefferson Avenue frontage Vacation of Access Opening and Dedication of Restricted Abutters Rights of Access. EXHIBIT "B' TO RESOLUTION NO. 94- I~ SUBJECT SUMMARY VACATION - A PORTION OF JEFFERSON AVENUE (Map Attached) pw~)5~agdrpt\94\ 1115\j¢ffersn.vac DESCRIPTION OF NEW ACCESS OPENINGS puK)~gdrpt~94\l I EXHIBIT "B" - MAP VACATION OF ACCESS OPENING AND DEDICATION OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) LD q4- - 05t LD I C/L SANBORN AVE. APPLICANT: KEMPER REAL ESTATE MGMT. CO. 40925 COUNTY CENTER DR, STE 120 TEMECULA, CA 92591 CITY OF TEMECULA ATTACHMENTS Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION DEDICATION OF ACCESS OPENING AND ABANDONMENT OF PREVIOUS DEDICATION OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) TO JEFFERSON AVENUE OPENING NO. 1 Being that portion of Parcel 2 as shown in Parcel Map 23561-2, recorded in Book 168, Pages 71-73 of Parcel Maps, Records of Riverside County, California; commencing at the most Westerly corner of said Parcel 2; thence South 48o39'30" East along the Northeasterly Right of Way line of Jefferson Avenue, a distance of 25.00 feet to the POINT OF BEGINNING; thence continuing South 48o39'30" East along the Northeasterly Right of Way line of Jefferson Avenue, a distance of 40.00 feet, to the end of the Jefferson Avenue frontage dedication of Access Opening and Abandonment of Previous Dedication of Restricted Abutters Rights of Access. ATTACEMENTS ~aq~ x ux EXHIBIT"B" - MAP DEDICATION OF ACCESS OPENING AND ABANDONMENT OF PREVIOUS DEDICATION OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) 0P~ID& NO. J (50) ,~ <~ co LLJ = "- LL o -D 03 ~ ~5' O 'O C/L SUEc~_~ING /,,' v Lt-') \ ACCE. S5 RE L/.k)OIJI~'H ED PER PARCEL IvlAP ~.~5(~! - Z, P.M. BOOK !&,~, FAr. F=.5 ')!- '75 D8¢ UME,LFF ~£ C.Z)RDED C/L SANBORN AVE. APPLICANT: KEMPER REAL ESTATE MGMT. CO. 40925 COUNTY CENTER DR, $TE 120 TEMECULA, CA 92591 CITY OF TEMECULA _ ATTACHMENTS Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION DEDICATION OF ACCESS OPENING AND ABANDONMENT OF PREVIOUS DEDICATION OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) TO JEFFERSON AVENUE OPENING NO. 2 Being that portion of Parcels 3 and 4 as shown in Parcel Map 23561- 2, recorded in Book 168, Pages 71-73 of Parcel Maps, Records of Riverside County, California; commencing at the most Southerly corner of said Parcel 4; thence North 48°39'30" West along the Northeasterly Right of Way line of Jefferson Avenue, a distance of 20.00 feet to the POINT OF BEGINNING; thence South 48o39'30" East along the Northeasterly Right of Way line of Jefferson Avenue, a distance of 40.00 feet, to the end of the Jefferson Avenue frontage dedication of Access Opening and Abandonment of Previous Dedication of Restricted Abutters Rights of Access. ATTACI{MENTS Page z o~ Z ~: EXHIBIT "B# - MAP DEDICATION OF ACCESS OPENING AND ABANDONMENT OF PREVIOUS DEDICATION OF RESTRICTED ABUTTERS RIGHTS OF ACCESS (40' WIDE) (50) DP£U}~J~ P'D'B'~I J ~ z o , C/L C/L SANBORN AVE. APPLICANT: KEMPER REAL ESTATE MGMT. CO. 40925 COUNTY CENTER DR, STE 120 TEMECULA, CA 92591 CITY OF TEMECULA