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HomeMy WebLinkAbout17-50 CC Resolution RESOLUTION NO. 17-50 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG A PORTION OF RANCHO CALIFORNIA ROAD AT PARCEL 1 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 35481 provides that the Owner of Parcel 1 will have no rights of access to Rancho California Road. B. In December, 2015 the Owner of Parcel 1 of Parcel Map 35481 (hereinafter "Owner") filed a Summary Vacation application with the City for the purpose of vacating a portion of existing restricted access rights on Rancho California Road. Pursuant to Parcel Map No. 35481 recorded October 24, 2008, the abutter's access rights to Rancho ' California Road were restricted from Parcel 1, C. The Owner now desires to vacate a 40-foot wide portion of the restricted access along Rancho California Road as shown on Parcel Map No. 35481 to allow for a driveway opening at the southerly side of Rancho California Road for a proposed commercial development. The new access opening will align with the current signalized intersection of Rancho California Road and Lyndie Lane. D. The City Council desires to effectuate the intention of the Owner by summarily vacating the existing restricted access along a portion of the southerly side of Rancho California Road from Parcel 1 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 Parcel 1 of Parcel Map No. 35481 abutting Rancho California Road. G. There are no public utility easements or facilities, which will be affected by this vacation. 1 Resos 17-50 1 Section 2. The restricted access along a portion of the northerly side of Rancho ' California Road on Parcel 1 of Parcel Map No. 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 on 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 Section 8336 of the Streets and Highway Code. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of August, 2017. Maryann Edwards, Mayor ATTEST: Randi , City Clerk ' [SEAL] Resos 17-50 2 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17-50 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of August, 2017, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Rahn, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar Randi Johl, City Clerk Resos 17-50 3 EXHIBIT "A" ' LEGAL DESCRIPTION (SUMMARY VACATION OF RESTRICTED ACCESS - RANCHO CALIFORNIA ROAD) THAT CERTAIN STRIP OF LAND SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL A OF LOT LINE ADJUSTMENT PA10-0328, RECORDED AUGUST 3, 2011, PER INSTRUMENT NO. 2011- 0338876, IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY, OFFICIAL RECORDS, ALSO BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 35481 AS SHOWN ON MAP FILED IN BOOK 227, PAGES 23 THROUGH 24, INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, SAID CORNER BEING ON THE SOUTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD (122 FEET WIDE) AND ON A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 3933.00 FEET; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 2 037'04" AN ARC DISTANCE OF 179.69 FEET TO A POINT ON SAID CURVE, A RADIAL TO SAID POINT BEARS NORTH 26°05'44" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE CONTINUING NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 0 034'58" AN ARC DISTANCE OF 40.00 FEET TO A POINT ' ON SAID CURVE, A RADIAL TO SAID POINT BEARS NORTH 25 030'46" WEST, SAID POINT BEING THE POINT OF TERMINATION. EXHIBIT"B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. NEIL E. THONESEN DATE0 �, 9 P.L.S. 8656 LIC. EXP. 12/31/2017 MELL e. GR. Q TMONESEN IL * No. CAOT- ' Page 1 of 1 Rev. 04/06/2017 ' LEGEND EXHIBITS' P.O.C. POINT OF COMMENCEMENT PLAT MAP T.P.O.B. TRUE POINT OF BEGINNING � c O TI N P.O.T. NDI CATES RESTRIAC ED v /r�O� ACCESS RIGHTS !i�Q/ �\�0 A=0.34'58" pN \ �R=3933.00' � \ L=40.00' \ / T.P.O.B. \ P.O.T. \ 0e a o'L 313 PARCEL B / �-• �N LLA NO.PAI"328 1 N� P.O.C. F VACATED RESTRICTION ACCESS PARCELA LLA NO.PA10-03 INST.ST.NO.2011-033886 PARCEL 1 REC'O.08103111,O.R. P M 13466 PMB!76-68-69 i VACATION OF RESTRICTED ACCESS PER CITY OF TEMECULA RESOLUTION NO. 11-29 RECD.04/18111,PER INST.NO.2011-0171560,O.R. i / 0 80 160 Feet PREPARED BY: VACATION OF ACCESS RESTRICTION EXHIBIT � •ra 1 TREED MANNING A192 AVE. REED59) 3790 4 DATE: 11/1412016 DRAWN BY: JDK JOB NO.: 15097 PAGE 1 OF 1 PH:ISSBIfi3)-150a