HomeMy WebLinkAboutResolution - 3485 STATE OF CALIFORNIA ) RESOLUTION NO. 3485
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, DECLARING ITS INTENTION TO VACATE A PORTION OF
A PUBLIC RIGHT-OF-WAY KNOWN AS A TWELVE FOOT WIDE AND
FOUR HUNDRED FIFTY THREE FOOT LONG PORTION OF AN
ALLEY CONNECTING FIRST STREET AND ESTUDILLO AVENUE AS
CONVEYED TO THE CITY OF SAN JACINTO BY DEED RECORDED
SEPTEMBER 8, 1913, IN BOOK 380, PAGE 118, OF DEEDS,
RIVERSIDE COUNTY RECORDS, PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 8320, ET. SEQ. AND DIRECTING
THE CITY CLERK TO ADMINISTRATIVELY SET THE HEARING
DATE, TIME AND PLACE AND TO PUBLISH AND POST REQUIRED
NOTICES: FILE NO. VACATION 1-13.
WHEREAS, the City of San Jacinto ("City") has the authority to initiate street and
alley vacation proceedings pursuant to California Streets & Highways Code section
8320; and
WHEREAS, San Jacinto Assembly Church (the "Church") has submitted a
request with the City for the proposed vacation of a portion of an alley that bisects
parcels of real property of the Church (the "Alley") within the City; and
WHEREAS, as further described in the Staff Report accompanying this
Resolution, the proposed vacation of the subject portion of the Alley will avoid the
continued unsafe condition in such portion caused by cars that travel down the Alley
where children are often present as a shortcut; and
WHEREAS, avoiding the continuance of this unsafe condition will require the City
to vacate a portion of the public-right-of-way known as: a twelve foot wide and four
hundred fifty three foot long portion of the Alley, which connects First Street and
Estudillo Avenue in the City, as conveyed to the City by deed recorded September 8,
1913, in Book 380, Page 118, of Deeds, Riverside County Records, more specifically
described and/or depicted in the attached Exhibit "A." The vacation of the underground
utility easements in the subject portion of the Alley is not required to avoid the
continuance of this unsafe condition; and
WHEREAS, the Planning Commission of the City, in accordance with the
requirements of Government Code section 65402, has determined that vacating said
portion of the public right-of-way (Alley) conforms with the City's General Plan because
the Alley is not shown on the Circulation Element of the City' General Plan and
therefore vacating the designated portion of the Alley will not be inconsistent with the
Circulation Element or its goals or objectives. The Planning Commission also
determined that, upon vacation, the subject portion of the Alley will be conveyed equally
to property owners on either side of the Alley centerline, namely, the Church. Further,
the Planning Commission found that the proposed vacation would eliminate a
hazardous and unsafe condition existing on the subject portion of the Alley as thru traffic
currently uses the area that bisects the Church's properties as a shortcut; and
WHEREAS, the City Council has determined that vacating said portion of the
public right-of-way will inure to the benefit of the City and its residents by eliminating an
existing unsafe and hazardous condition as traffic currently uses this portion of the Alley
as a shortcut between Estudillo Avenue and First Street; and
WHEREAS, the City Council wishes to set the time and place for a public hearing
on the vacation of said portion of the public right-of-way; and
WHEREAS, this Resolution is in accordance with the requirements set forth
under the Public Streets, Highways, and Service Easements , Vacation Law (California
Streets and Highways Code Section 8300 et seq.), Chapter 4 Summary Vacation; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City
Council of the City of San Jacinto that:
Section 1: Intention to Vacate. It is the intention of the City Council to vacate
and abandon the portion of the public right-of-way described above and as
depicted in Exhibit "A" attached hereto, but not the existing utility easements in
such portion, to correct the unsafe and hazardous condition described above.
Section 2: Public Hearing Date for Consideration of Vacation. A public
meeting of the City Council will be held on the proposed vacation of the portion
of the public right-of-way identified above on Tuesday, December 17, 2013 at
6:30 p.m., in the Community Center of the City of San Jacinto located at 625
South Pico Street, San Jacinto, California 92583, which set time is no less than
fifteen (15) days from the adoption of this Resolution of Intention.
Section 3: Direction to Post Resolution and Publish Notice of Public
Hearing. The City Clerk is hereby directed to publish this Resolution of Intention
for at least two (2) successive weeks prior to the hearing in the same manner
prescribed by law for the publishing or ordinances of the City and to arrange the
posting of a minimum of three (3) notices of the public hearing on the proposed
vacation conspicuously along the portion of the public right-of-way identified
above no more than three hundred (300) feet apart, pursuant to the
requirements of California Streets & Highway Code Section 8320, et. seq.
Section 4: Direction to Provide Proof of Publication. The City Clerk is
hereby directed to provide proof of publication of this Resolution by affidavit of
the person causing the publication, pursuant to Streets & Highways Code
Section 8317.
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Section 5: Direction to Mail Notice of Public Hearing to Church. The City
Clerk is hereby directed to mail the Church information regarding the date, hour,
and location of the public hearing at least two (2) weeks prior to the date set
herein for the hearing, pursuant to the requirements of California Streets &
Highway Code Section 8300, et. seq.
Section 6: Direction to Provide Proof of Posting. The person who posts the
notices of public hearing in the portion of the public right-of-way identified above
is hereby directed to sign an affidavit and file the affidavit in her or her office,
pursuant to Streets & Highways Code Section 8317.
Section 7: Incorporation of Recitals. The Recitals set forth above are true
and correct and are incorporated into this Resolution by reference as though
fully set forth herein.
Section 8: Certification and Effective Date. The City Clerk shall certify the
adoption of this Resolution. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council
on the 19th day of November, 2013, by the following vote:
Ayes: Kotyuk, Ledezma, Miller, Ruiz, Bartel
Nays: None
Absent: None
Abstain: None
CITY OF SAN JACINTO
Mark Bartel, Mayor
ATTEST:
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Ric and Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
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J6ffrK S. Balling r, City Attorney
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EXHIBIT "A"
MAP OF PROPOSED VACATED PORTION OF PUBLIC RIGHT-OF-WAY (ALLEY)
[attached behind this page]
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