HomeMy WebLinkAbout13-055 CC Resolution RESOLUTION NO. 13-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING ITS INTENTION TO
CONDITIONALLY VACATE A PORTION OF JEDEDIAH
SMITH ROAD AND SETTING A PUBLIC HEARING
THEREON
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1.. The City of Temecula declares its intention pursuant to Chapter 3,
Part 3, Division 9, commencing at Streets and Highways Code Section 8300) to order
the conditional vacation of an unimproved portion of Jedediah Smith Road located
between Pechanga Parkway and Temecula Parkway ("ROW"). The ROW was formally
dedicated to the County of Riverside pursuant to a Declaration of Dedication recorded
on April 9, 1975 as Document Number 040378 of Official Records of the County of
Riverside. The Declaration of Dedication irrevocably dedicated in perpetuity to the
County of Riverside the ROW for "public road purposes, including public utility and
public service uses." On July 28, 1981, the County of Riverside formally accepted the
portion of Jedediah Smith Road for "public road purposes and utility uses" only. The
City of Temecula is the successor to the interests of the County. On December 11,
2012, the City of Temecula formally accepted the dedication of the ROW for "public
service" uses pursuant to Streets and Highways Code Section 8306(a). Public service
uses include drainage purposes. The conditional vacation of the portion of the ROW for
"public roadway purposes" would vacate the interest that is not needed for public
roadway purposes and reserve the rights in the ROW for public service and public utility
purposes. The City plans to convey, at a later date, its remaining rights in the dedicated
ROW to the Riverside County Flood Control & Water Conservation District ("District") by
separate Council action in connection with the Wolf Creek Channel Stage 1 — City
Project No. PW99-11SD. The portion of Jedediah Smith Road dedicated for "public
roadway purposes" that the City intends to conditionally vacate is more particularly
described and depicted on Exhibits "A" and "B" hereto. Said Exhibits are incorporated
herein by this reference.
Section 2. Wolf Valley Creek Channel Stage 1 — City Project No. PW99-11 SD
has been completed by the City's contractor and the District is now prepared to accept
the channel improvements for ownership and maintenance. The District is prepared to
accept the channel improvements in accordance with the terms of the Infrastructure
Funding and Acquisition Agreement - Wolf Valley Creek Channel ("Agreement") entered
into by the District, the City of Temecula, Temecula Public Financing Authority and Wolf
Creek Development, LLC on March 1, 2004. The channel improvements consist of
approximately 2,600 lineal feet of triple-box culvert improvements ("Improvements")
within the ROW.
Resos 13-55 1
Section 3. Prior to final acceptance of the Improvements, the District requires
that the Improvements be located within an area designated for drainage purposes and
owned solely by the District. Accordingly, the City intends to vacate the rights for"public
road purposes" within the dedicated ROW and expressly reserve the rights for public
service and public utility purposes on behalf of the District.
Section 4. The Planning Commission has considered the General Plan and by
its adoption of Planning Commission Resolution No. 12-24 on November 7, 2012, found
that the proposed vacation of a portion of Jedediah Smith Road is consistent with the
General Plan.
Section 5. In accordance with the California Environmental Quality Act, Public
Resources Code Section 21000 et seq. (CEQA) and the CEQA Guidelines, 14 Cal.
Code Regs. § 15000 et seq. (CEQA Guidelines), the City Council has considered the
proposed conditional vacation of portions of Jedediah Smith Road for "public roadway
purposes" as described on Exhibits "A" and "B" hereto and determined that the
proposed conditional vacation is categorically exempt from further environmental review
pursuant to Section 15301, Class 1 of the CEQA Guidelines. The proposed conditional
street vacation is that of an existing facility and does not involve any expansion of use
beyond that which currently exists.
Section 6. Necessary access to public utility, service and drainage facilities for
the purposes of constructing, placing, operating, inspecting, maintaining, repairing,
replacing and removing such aerial and underground facilities will be provided by
reserving the dedicated rights in the ROW for public service and public utility purposes
pursuant to Streets and Highways Code Section 8340.
Section 7. The City Council hereby sets a public hearing on the vacation of the
said portions of Jedediah Smith Road for November 12, 2013, at 7:00 p.m. at the City
Council Chambers, 41000 Main Street, Temecula, California, for the purpose of hearing
evidence from interested person on the proposed conditional vacation. The date of the
public hearing shall not be less than 15 days from the date of this Resolution.
Section 8. The City Clerk is hereby authorized and directed to publish a
"Notice of Public Hearing" in a newspaper of general circulation within the City of
Temecula and shall be published twice in two (2) successive weeks prior to the hearing
pursuant to Streets and Highways Code Section 8322. The notice of public hearing
shall contain the information set forth in the text of this Resolution.
Section 9. No less than 14 days prior to the public hearing on the conditional
vacation, the Director of Public Works/City Engineer shall post conspicuously notices of
the public hearing on the conditional vacation of the rights for"public roadway purposes"
on the dedicated ROW along the line of the subject portion of Jedediah Smith Road that
the City proposes to conditionally vacate. The notices shall be posted not more than
300 feet apart, but at least three notices shall be posted. The notices posted shall
contain the information set forth in the text of this Resolution.
Resos 13-55 2
Section 10. With the adoption of Resolution of Intention, the City Council
declares its intention to conditionally vacate the portion of the dedicated ROW for
"public roadway purposes" and to expressly reserve, pursuant to Streets and Highways
Code Section 8340, the dedicated rights for public service and public utility purposes of
said portion of Jedediah Smith Road more particularly described and depicted on
Exhibits "A" and "B" hereto, and incorporated herein by this reference.
Section 11. The City Clerk shall certify the adoption of this resolution and shall
cause to original resolution to be recorded in the Office of the Recorder of Riverside
County, California.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of October, 2013.
Michael S. Nag , Mayor
ATTEST:
Susan W. Jones/ MMC
k
[SEAL]
Resos 13-55 3
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. 13-55 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22nd day of October, 2013, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Washington
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan . Jones, MMC
City Clerk
Resos 13-55 4
EXHIBIT "A" Sheet 1 of 2
PROPERTY DESCRIPTION
FOR A
STORM DRAIN EASEMENT
PARCEL 7260.517
All that certain parcel of land situated in the City of Temecula, County of Riverside, state of
California, as show in the Declaration of Dedication recorded April 9, 1975 as Instrument No.
40378 in the office of the County Recorder of the County of Riverside, State of California, also
being a portion of Rancho Temecula as shown on the map recorded in Book 1, Page 37 of
Patents in the office of the County Recorder of the County of San Diego, State of California
described as follows:
BEGINNING at the Southeasterly terminus of that certain course having a bearing and distance
of South 47044'36" East 2543.13 feet as described in the deed to John A. Murdy Jr. and Norma
L. Murdy recorded December 30, 1966, as Instrument No. 123991, in the office of the County
Recorder of said County of Riverside, said certain course also being the center line of Pala
Road, 60.00 feet wide, as shown on the Record of Survey filed in Book 54, Pages 89 and 90 of
Record of Surveys in the office of the County Recorder of said County of Riverside;
Thence North 42035'01" East, 55.00 feet to a line parallel with and distant 55.00 feet
Northeasterly, measured at right angles, from said center line of Pala Road;
Thence along said parallel line North 47044'36" West, 932.52 feet to the TRUE POINT OF
BEGINNING, said True Point of Beginning being the beginning of a Tangent curve, concave
Northeasterly and having a radius of 1945.00 feet;
Thence Northwesterly along said curve through a central angel of 44°13'33" an arc distance of
1501.32 feet;
Thence North 3031'03" West, 564.09 feet to a point in the Northerly boundary of the land
described as the "Purchase Parcel" in the deed to Edward W. Forbes and Jacqueline S. Forbes
recorded December 29, 1967 as Instrument No. 115528, in the office of the County Recorder of
said County of Riverside, said point being in a non-tangent curve, concave Southerly and
having a radius of 2300.00 feet, a radial line to said point bears North 11°06'06" East;
Thence Westerly along said curve in said Northerly boundary through a central angle of
1'24'42", an arc length of 56.67 feet to an angle point in said Northerly boundary;
Thence along said boundary South 3031'03" East, 335.36 feet to an angle point therein, said
last mentioned angle point being a point in a curve, concave Southerly and having a radius of
1975.00 feet and being concentric with that certain curve hereinbefore described as having a
radius of 2300.00 feet;
Thence Westerly along said curve, in said Northerly boundary through a central angle of
1038' 56", an arc distance of 56.84 feet to a line parallel with and distant Westerly at right
angles, 110.00 feet from that certain course hereinbefore described as having a bearing of
North 3031'03" West and a length of 564.09 feet;
Thence along said last mentioned parallel line South 3°31'03" East, 256.69 feet to the beginning
of a tangent curve, concave Northeasterly and having a radius of 2055.00 feet, said curve also
Sheet 2 of 2
being concentric with that certain course hereinbefore described as having a radius of 1945.00
feet;
Thence Southwesterly along said curve through a central angle of 25023'40", an arc distance of
910.81 feet to said first mentioned parallel line hereinbefore described as being 55.00 feet
Northeasterly of the center line of said Pala Road;
Thence along said parallel line South 47°44'36" East, 663.32 feet to the TRUE POINT OF
BEGINNING.
This parcel contains 3.812 acres, more or less,
SEE EXHIBIT "B" attached hereto.
This was prepared by me or under my direction.
Kris R. Winchak, L.S. 6240 bate ti 4ell
[..s.6240
EXHIBIT rFBfr PAGE 1 OF 2
PARCEL 7260-517
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X11, PARCEL 1 � EAS
PM 17/72 �,. t_ t Eti1ENT
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PARCEL 3
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_DATA TABLE ,r
NO. BEARING/DEL TA RADIUS LENGTH
(1, N42 35 Ol'E -- 55.00
44°13'33" 1945.00 1501.32' 19 �D
�3) NO3°31'03"W -- 564.09'
�X 0102442" 2300.00 56.67'
S03°31'03'E -- 335.36' � ��
C0 0°3856" 1975.00 56.84' P.O,B•
U SO3031'03"E -- 256.69' LEGEND:
25°23'40" 2055.00 910.81' P.O.B. POINT OF BEGINNING
<9) S4704436'E - 663.,32' T.P.O.B. TRUE POINT OF BEGINNING
(R) INDICATES RADIAL BEARING LINE
BASIS. OF BEARING:
THE BEARING N4744'36"W AS SHOWN FOR AQ ACCEPTED AS SOUTHEASTERLY TERMINUS
THE CENTERLINE OF PECHANGA PKWY OF THAT CERTAIN COURSE HAVING A BEARING
(PALA ROAD) PER R/S 54 -89 & 90, RECORDS & DISTANCE OF S47°44'36"E, 2543.13 FT DESCRIBED
OF RIVERSIDE COUNTY, CALIFORNIA IN DEED REC. 12-30-66 AS INST. NO. 123991
RIVERSIDE COUNTY FLOOD CONTROL PREPARED BY.
& WATER CONSERVATION DISTRICT CITY OF TEMECULA PUBLIC WORKS DEPT. �D
1995 MARKET STREET 4/000 MAIN STREET
RIVERSIDE, CALIFORNIA 92501 TEMECULA, CALIFORNIA 92590
Y 7c
THIS PLAT IS SOLELY AN AID IN LOCATING ) No. L.S. 6240
THE PARCEL(S) DESCRIBED IN THE �r
ATTACHED DOCUMENT. IT IS NOT PART —1 _—:�-T 3 9/p '`
OF THE WRITTEN DESCRIPTION THEREIN. KRIS R. WIN HAK, L.S. 40 DATE --QF.._C_a ��r
EXHIBIT "B PAGE 2 OF 2
PARCEL 7260-517
BOUNDARY AND EA SEMEN T NOTES
INDICATES THE NORTHERLY BOUNDARY OF LANDS DESCRIBED IN DEED TO EDWARD W.
FORBES AND JACQELINE S. FORBES, RECORDED DECEMBER 29, 1967 AS INSTRUMENT
NO. 115528
?. INDICA TES THE SOU THERL Y LINE OF EASEMENT FOR FLOOD CONTROL & SA NI TARY SEWER
PURPOSES, 650 FT WIDE AS RESERVED IN DEED RECORDED DECEMBER 29, 1967
AS INSTRUMENT NO. 115528
-3, INDICA TES A 110' WIDE OFFER OF DEDICA TION FOR PUBLIC ROAD PURPOSES TO THE
COUNTY OF RIVERSIDE PER INSTRUMENT NO. 40378, RECORDED APRIL 9, 1975
INDICATES THE NORTHWESTERLY BOUNDARY OF LAND IN GRANT DEED TO JOHN A. MURDY
AND NORMA L. MURDY RECORDED 12/30/66 AS INSTRUMENT NO. 123991
RIVERSIDE COUNTY FLOOD CONTROL PREPARED BY. - "` A N 9
8 WATER CONSERVATION DIS TRIC T CITY OF TEMECULA PUBLIC WORKS DEPT.
1995 MARKET STREET 41000 MAIN STREETS
RIVERSIDE, CALIFORNIA 9250/ TEMECULA, CALIFORNIA 92590 {� _
THIS PLAT IS SOLELY AN AID IN LOCATING No. L.S. 6240
THE PARCEL(S) DESCRIBED IN THE /
ATTACHED DOCUMENT. IT IS NOT PART "'
OF THE WRITTEN DESCRIPTION THEREIN. RI , WANG A, L.S. 6240 DA
RTE'