HomeMy WebLinkAboutResolution - 3490 STATE OF CALIFORNIA ) RESOLUTION NO. 3490
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, VACATING 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., PURSUANT TO
STREETS AND HIGHWAYS CODE SECTIONS 300 ET SEG.,
DETERMINING THAT SUCH VACATION IS CONSISTENT WITH THE
CITY'S GENERAL PLAN, AND DIRECTING THAT THE PORTION OF
THE RIGHT-OF-WAY OWNED IN FEE BY THE CITY BE VACATED:
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 et sea.; and
WHEREAS, San Jacinto Assembly Church (the "Church") has submitted a
request (the "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, the Request will require the City to vacate a portion of the public-
right-of-way comprising a portion of the Alley known as a twelve foot wide and four
hundred fifty three foot long portion of an alley connecting 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; and
WHEREAS, Streets & Highways Code, Section 8313(b) and Government Code,
Section 65402 require that any proposed vacation of public right-of-way be reviewed for
conformity with the City's General Plan; and
WHEREAS, on October 24, 2013, the Planning Commission of the City adopted
Resolution No. 13-09, a copy of which is attached hereto as Exhibit "B", determining
that vacating said portions of the public right-of-way conforms with the City's General
Plan and any applicable specific plans; and
WHEREAS, on November 19, 2013, the City Council adopted Resolution No.
3485 ("Resolution of Intention") declaring its intention to vacate portions of the public-
right-of-way as identified above, and as more particularly described in Exhibit "A" to this
Resolution; and
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WHEREAS, the Resolution of Intention gave notice that on the 17th day of
December, 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, the City Council would
hear any and all persons interested in or objecting to the proposed vacation of said
portion of the public right-of-way; and
WHEREAS, proper notice giving the date, time and place of the public hearing
was published in the manner prescribed by law; and
WHEREAS, notices of the proposed vacation of said portion of the public right-
of-way, stating the purpose of the Resolution of Intention and the time and place set for
the public hearing, were posted in the manner prescribed by law; and
WHEREAS, on December 17, 2013, at 6:30 p.m. in the Community Center of the
City of San Jacinto, the City Council heard any and all persons interested in or objecting
to the proposed vacation of said portion of the public right-of-way and considered all
evidence offered by such persons; and
WHEREAS, there are existing public utilities and easements for public utilities in
the vacated area and appurtenant rights thereto that will be reserved for the City and
other public agencies in accordance with Streets & Highways Code, Section 8340, as
identified in attached Exhibit "C; and
WHEREAS, there are no other in-place public utility facilities that are in use and
which would be affected by the vacation; and
WHEREAS, a portion of the public alleys proposed to be vacated is owned by
the City of San Jacinto in fee; and
WHEREAS, by adoption of this Resolution, the City Council desires to vacate the
portion of the public alley owned by the City to the Church, subject to the reservation of
existing easements for public utilities described in these Recitals and in Section 3
below; 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: Conclusions and Findings. The City Council makes the following
conclusions and findings:
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A. The portion of the public right-of-way described in Exhibit "A" of this
Resolution is no longer needed for public alley purposes, or
necessary for present or prospective vehicular traffic, non-vehicular
traffic or other public street purposes; and
B. Vacating the portion of the public right-of-way described in Exhibit
"A" of this Resolution is an action in conformance with the City's
General Plan and applicable specific plans, and the City Council
expressly adopts the findings contained in Planning Commission
Resolution No. 13-09, a copy of which is attached hereto as Exhibit
„B",
Section 2: Vacation and Conditions. Based on the above stated facts,
conclusions, and findings, pursuant to California Streets & Highways Code,
Sections 8300 et seg. the City Council hereby vacates that portion of the public
right-of-way as described in Exhibit "A" to this Resolution subject to the
reservations found in this Resolution and below in Section 3.
Section 3: Vacation and Conditions. The City Council hereby reserves the
following easements in the vacated portion of the public right-of-way, on behalf of
the City and any other public agencies or utilities:
A. Those easements for public utilities, including but not limited to
water, electric, gas and cable television, as more specifically
disclosed in Exhibit"C".
Section 4: Recordation. The City Clerk shall record a certified copy of this
Resolution with the County Recorder. The copy must be attested by the City
Clerk under seal and is to be recorded without acknowledgment, certificate of
acknowledgment or further proof, in the County Recorder's office.
Section 5: Effective Date. This Resolution shall become effective immediately
upon its adoption.
Section 6: Certification. The City Clerk shall certify the adoption of this
resolution.
Section 7: Incorooration 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.
[SIGNATURES ON FOLLOWING PAGE]
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PASSED, APPROVED and ADOPTED by the City Council for the City of San
Jacinto on the 17T" day of December, 2013, by the following vote:
Ayes: Bartel, Kotlnilc, Miller, Ruiz, Ledemu
Nays: None
Absent: None
Abstain: None
CITY OF SAN JAICINTO
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Alonso Ledezma, Mayo
ATTEST: AA��
Ri Aardller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger LLP
Ity Attcfrney
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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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EXHIBIT "B"
(COPY OF PLANNING COMMISSION RESOLUTION NO. 13-09)
[attached behind this page]
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RESOLUTION NO. 13-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JACINTO, CALIFORNIA, FINDING THE
VACATION OF A PORTION OF THE ALLEY RUNNING
BETWEEN THE SAN JACINTO ASSEMBLY PROPERTIES
FROM FIRST STREET TO ESTUDILLO AVENUE TO BE
CONSISTENT WITH THE CITY'S GENERAL PLAN:
VACATION 1-13
WHEREAS, Ron Stephens representing San Jacinto Assembly filed an
application on July 9, 2013, File No. Vacation 01-13, to vacate a portion of the alley
between their properties running from First Street to Estudillo Avenue, ("Subject Site");
WHEREAS,the property affected by the Application is within the Commercial
Downtown (CD) zoning district;
WHEREAS,the Application was reviewed,studied, and found to comply with
the Califomia Environmental Quality Act ("CEQA") as more fully described below;
WHEREAS, on October 24, 2013, the Planning Commission of the City of
San Jacinto("Commission") conducted a duly noticed public hearing on the Application at
which time all persons wishing to testify in connection with the Application were heard and
the Application was comprehensively reviewed; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
SAN JACINTO RESOLVES AS FOLLOWS:
SECTION 1. Based on the entire record before the Commission, all written
and oral evidence presented to the Commission, and the findings set forth in this
Resolution,the Commission approves Vacation No.01-13 to vacate a portion of the alley
between properties running from First Street to Estudillo Avenue (Exhibit A).
SECTION 2. Based on the entire record before the Commission and all
written and oral evidence presented to the Commission, including the staff report, the
Commission finds as follows:
A. The vacation of a portion of the alley running between the San Jacinto Assembly
properties from First Street to Estudillo Avenue (Vacation 1-13) will eliminate a
hazardous condition existing as traffic currently uses this alley as a shortcut between
Estudillo Avenue, and First Street.
B. The alley is currently 12 feet wide and approximately 453 feet in length.
C. Upon vacation, the subject portion of the alley will be conveyed equally to property
owners on either side of the alley centerline. Public Utility reservation of easements
and rights necessary to use, maintain, and repair facilities shall be maintained.
B. The vacation of the alley would be consistent with the applicable goals and
objectives of the Circulation Element of the City of San Jacinto General Plan.
SECTION 3. Based on the entire record before the Planning Commission
and all written and oral evidence presented,the Planning Commission finds the Vacation
complies with CEQA for the following reasons:
This proposal has been determined to be a Class 5 (Minor Alterations in Land Use
Limitations)Categorical Exemption,pursuant to Section 15305 of the Guidelines for
Implementation of CEQA.
SECTION 4. Effective Date. This Resolution shall become effective on the
date on which the Planning Commission approval is ratified by the City Council.
PASSED, APPROVED AND ADOPTED, this 24th day of October, 2013.
se Martin C an
ATTEST:
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01 Catron, Deputy City Clerk
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EXHIBIT "C"
(RESERVED PUBLIC UTILITY EASEMENTS IN VACATED ALLEY)
A permanent, perpetual and non-exclusive easement in, on, over, across, and
under the entire portion of the alley known as a twelve foot wide and four hundred fifty
three foot long portion of an alley connecting 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 ("Subject Property")for the purpose of laying,
constructing, reconstructing, installing, maintaining, operating, enlarging, improving,
altering, inspecting, repairing, replacing, renewing or removing, at any time,
underground water transmission and collection facilities, and all necessary laterals
thereto consisting of one or more pipelines, markers, valves, meters, and other fixtures,
devices, appurtenances, or equipment necessary or convenient for water transmission
or distribution;
AND, a permanent and perpetual easement in, on, over, across, and under the
entire Subject Property to construct, operate, use, maintain, alter, add to, reconstruct,
enlarge, repair, renew, replace, inspect and/or remove, underground utilities, including
but not limited to sewers, electrical systems and communication systems.
AND, a permanent and perpetual easement in, on, over, across, and under the
entire Subject Property to construct, operate, use, maintain, alter, add to, reconstruct,
enlarge, repair, renew, replace, inspect and/or remove, above ground utilities, including
but not limited to electrical systems, utility poles, telecommunication and communication
systems including transmission lines.
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