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HomeMy WebLinkAbout13-059 CC Resolution RESOLUTION NO. 13-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE CONDITIONAL VACATION OF PORTION OF JEDEDIAH SMITH ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Wolf Valley Creek Channel Stage 1 — City Project No. PW99-11 SD has been completed by the City's contractor and Riverside County Flood Control & Water Conservation District ("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 unimproved portion of Jedediah Smith Road right-of-way ("ROW") located between Pechanga Parkway and Temecula Parkway. Said ROW is more particularly described and depicted on Exhibits "A" and "B", respectively, attached hereto and made a part hereof this Resolution. Section 2. The property owner, Kaiser Rancho California, Inc. formally dedicated the ROW 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 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 Section 8306(a) of the California Streets and Highways Code. Public service uses include drainage purposes; Section 3. Prior to final acceptance of the Improvements, the District requires that the Improvements be located within an area designated exclusively for drainage purposes and owned solely by the District. Accordingly, the City Council intends to conditionally vacate the ROW by vacating the portion of the public street easement comprising the dedicated rights for "public roadway purposes" and expressly reserving the dedicated rights for "drainage and utility purposes" on behalf of the District. The resulting drainage easement will allow the District legal access to the channel improvements for ownership, operation and maintenance purposes. The City plans to convey its interest in the conditionally vacated ROW to the District by separate Council action at a later date. The dedicated portion of Jedediah Smith Road for "public roadway purposes" that the City will conditionally vacate is described on Exhibits "A" Resos 13-59 1 and "B" attached hereto; Section 4. On November 7, 2012, the Planning Commission of the City of Temecula reviewed the proposed conditional vacation of a portion of Jedediah Smith Road, and determined that said conditional vacation is in conformance with the General Plan of the City of Temecula and adopted Resolution No. PC 12-24; Section 5. On October 22, 2013, the City Council adopted Resolution No. 13-55, declaring its intention to consider the conditional vacation of Jedediah Smith Road, and setting the time and place for a public hearing on the matter; and Section 6. Notice of the public hearing was posted and published in the manner required by law (Streets and Highways Code Sections 8320(b), 8322(a) and 8323). The City Council has conducted the public hearing at the time and place specified in the notice of hearing and has heard any and all evidence offered by persons interested. Section 7. Now, therefore, be it hereby resolved, determined, and ordered: A. Notice of the public hearing was posted and published in the manner required by law (Street and Highways Code Sections 8320(b), 8322(a) and 8323). Notices of the conditional vacation were conspicuously posted along Jedediah Smith Road in the areas proposed for vacation at least two weeks prior to November 12, 2013. At least three notices were posted not more than 300 feet apart in compliance with Streets and Highways Code Section 8323. B. 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. C. The proposed conditional vacation conforms to the General Plan. Streets and highways are shown on the City's General Plan map but are not given land use designations. Vacating the dedication for "public roadway purposes" within the ROW in connection with the City's proposed transfer of its interests in the remaining portions of the ROW to the District does not change the utilitarian purpose of the ROW. A land use designation is not necessary for the reserved dedicated rights to the ROW for public service, including drainage, and public utility purposes. This conditional reservation thus conforms to the General Plan. D. The City Council has conducted the public hearing at the time and place specified in the notice of hearing and has heard any and all evidence offered by persons Resos 13-59 2 interested by the City Council of the City of Temecula, State of California, in regular session on November 12, 2013. Resos 13-59 3 E. The City Council of the City of Temecula, finds from the evidence submitted, that said portion of Jedediah Smith Road dedicated for "public roadway purposes" and described on Exhibits "A" and "B" hereto is excess right-of-way for roadway purposes and unnecessary for public purposes, and present or prospective public use. This portion of Jedediah Smith Road is not useful for non-motorized transportation facilities. F. Pursuant to of the Streets and Highways Code Section 8334(a), the City Council of the City of Temecula hereby orders the conditional vacation of the portion of the ROW comprising the dedicated rights for "public roadway purposes" more particularly described and depicted on Exhibits "A" and "B" hereto, which Exhibits are incorporated herein by reference. G. Pursuant to Streets and Highways Code Section 8340, the City Council of the City of Temecula expressly reserves from said vacation the dedicated rights for public service and public utility purposes. This conditional vacation expressly reserves the rights for public utilities and public service facilities, including drainage facilities, together with the right to maintain, operate, replace, remove, or renew such facilities. H. The City Clerk is authorized and directed to certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded in the official records of Riverside County, California pursuant to Streets and Highways Code Section 8336, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2013. t� Michael S Naggar, Mayor ATTEST: Susan Jon6s, MMC .ity Cl4rk [SEAL] Resos 13-59 4 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. 13-59 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2013, by the following vote: AYES: 3 COUNCIL MEMBERS: Edwards, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Comerchero, Roberts ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk Resos13-59 5 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 47°44'36" 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 42°35'01" 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 3°31'03" 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 1024'42", an arc length of 56.67 feet to an angle point in said Northerly boundary; Thence along said boundary South 3°31'03" 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 1°38' 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 25°23'40", 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 47044'36" 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 Date MD.L.9,6240 Off Of C10 EXHIBIT FFBFF PAGE 1 OF 2 PARCEL 7260-517 Q1.) 11006 FLOOD 0 PARCEL 1 py 17172 PARCEL 2 PM 17172 PARCEL J PM 17172 T.P.O.B. DA TA TABLE NO. BEARING/DEL TA RADIUS LENGTH V_) N4235'01"E -- 55.00, 44'13'33- 1945.00 1501.32' OJ Q) N 'Jl'OJ"W 564.09' 4 01-2442- 2300.00 56.67' SOJOJI'OJ"E 335.36' O1'3856 1975.00 56,84' P.0.B. X11 -QD 'Jl'OJ-E SOJ -- 256.69' LEGEND: A 25°23'40" 2055.00 910-81' P.O.B. POINT OF BEGINNING S4704436"E -- 663.32' T.P.O.B. TRUE POINT OF BEGINNING (R) INDICATOR RADIAL BEARING LINE BASIS OF BEARING: THE BEARING N4744'36"W AS SHOWN FOR �j 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 0 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: 8 WATER CONSER VA TION DIS TRIC T CITY OF TEMECULA PUBLIC WORKS DEPT, 1995 MARKET STREET 4/000 MAIN STREET �9�� RIVERSIDE, CALIFORNIA 92501 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 DATE - ----- OF THE WRITTEN DESCRIPTION THEREIN. KRIS R. WINCHAK, L.S. 6240 EXHIBIT rFBFr 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 2, INDICA TES THE SOU THERL Y LINE OF EASEMENT FOR FLOOD CONTROL & SAN/TARY SEWER PURPOSES, 650 FT WIDE AS RESERVED IN DEED RECORDED DECEMBER 29, 1967 AS INSTRUMENT NO. 115528 INDICA TES A 110' WIDE OFFER OF DEDICATION FOR PUBLIC ROAD PURPOSES TO THE =,3 COUNTY OF RIVERSIDE PER INSTRUMENT N0. 40378, RECORDED APRIL 9, 1975 e 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: '— AND""\ & WATER CONSERVATION DISTRICT CITY OF TEMECULA PUBLIC WORKS DEPT 1995 MARKET STREET 4/000 MAIN STREET RIVERSIDE, CALIFORNIA 92501 TEMECULA, CALIFORNIA 92590 9 J 6240 S L. . THIS PLAT IS SOLELY AN AID IN LOCATING No. I THE PARCEL(S) DESCRIBED IN THE ` rt ATTACHED DOCUMENT. IT IS NOT PART �fJq jf F D OF THE WRITTEN DESCRIPTION THEREIN. KRIS R. WINCHAK, L.S. 6240 DATE C�.