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HomeMy WebLinkAbout95-109 CC ResolutionRESOLUTION NO. 95-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING AN EXISTING RESTRICTED ACCESS ALONG THE SOUTHERLY SIDE OF SOLANA WAY BETWEEN RYCREST STREET AND SKYWOOD DRIVE ON PARCELS 1 AND 2 OF PARCEL MAP 13271. 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 declare as follows: a. The Owner's Statement of Parcel Map No. 13271 provides that the Owner of Parcel 1 and 2 will have no rights of access to Solana Way, except for the general right of travel. b. The streets shown on Parcel Map No. 13271 (Via Don Quixote and Calle Prima Vera) were vacated by the County of Riverside Board of Supervisors by Resolution No. 88-544 as instrument no. 339501, recorded on November 21, 1988 in the Riverside County Recorder's Office. c. The Owner of Parcels 1 and 2 of Parcel Map 13271 (hereinafter "Owner") now desires direct access to Solana Way. d. The City desires to effectuate the intention of the Owner by vacating the existing restricted access along the southerly side of Solana Way on Parcels 1 and 2 of Parcel Map No. 13271. e. The 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8333, provides the authority for the City Council to summarily vacate an access easement if the easement has been superseded by relocation and there are no other public facilities located within the easement. Section 2. The restricted access along Solana Way on Parcels 1 and 2 of Parcel Map No. 13271, as described on Exhibit "A" and shown on Exhibit "B", is 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. Section 3. The City Clerk shall certify the adoption of this Resolution. Resos\95-109 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 19th day of December, 1995. ATTEST: Jun~S.~Greek, CMC, City Clerk Stone, Mayor [SEAL] 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. 95-109 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 19th day of December, 1995, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None JuneS. Greek, CMC, City Clerk Reaos\95-109 EXHIBIT "A" TO RESOLUTION NO. 95-109 Summarily vacate the existing restricted access along Solana Way between Rycrest Street and Skywood Drive on Parcels 1 and 2 of Parcel Map No. 13271. (Legal description attached) R¢so$\95-109 EXHIBIT ~AN LEGAL DESCRIPTION FOR SUMMARY VACATION OF RESTRICTED ACCESS ALONG A PORTION OF SOLANA WAY BEING A VACATION OF RESTRICTED ACCESS ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF SOLANA WAY (FORMERLY LA SERENA WAY) AS SHOWN ON PARCEL MAP 13271, RECORDED IN BOOK 67, PAGE 80 OF PARCEL MAPS ON FILE IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCELS 1 AND 2, DEDICATED TO .THE PUBLIC AS ABUTTERS' RIGHTS OF ACCESS, ABUTTING SOLANA WAY (FORMERLY LA SERENA WAY) AS SHOWN ON SAID PARCEL MAP 13271. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: JAMES A. DRENON P.L.S. 6153 EXP. 3/31/98 DATE ~C'AL£: I