Loading...
HomeMy WebLinkAboutResolution - 2007 RESOLUTION NO. 20 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING VACATION AND ABANDONMENT OF A PORTION OF EVANS STREET, RESERVING UTILITY EASEMENTS, AND ORDERING CONVEYANCE PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8356. WHEREAS, the City Council of the City of San Jacinto California, has by resolution dated October 22, 1991, expressed its intention to vacate and abandon the public right-of-way over property shown on attached Exhibit "All excepting I reserving unto itself and from such vacation, certain easements and rights to maintain, operate, replace, remove or renew public utility facilities in said vacated portion, and WHEREAS, a public hearing, as required by law, was conducted by the City Council on the 19th day of November, 1991; and WHEREAS, all notices and posting, as required by law of said vacation, have been posted and given; and WHEREAS, at the public hearing the following findings of fact were made: (a) The easterly terminus of the portion of Evans Street to be vacated does not intersect Old Mountain Avenue at a right angle. (b) The intersection of Evans Street and old Mountain Avenue has been realigned to intersect at a right angle pursuant to the approval of Tract No. 26020. (c) The right of way required to facilitate the realignment of Evans Street with Old Mountain Avenue was dedicated with the recordation of Tract No. 26020, May 23 , 1991. Said dedication was made by the developer, Old Mountain Road Associates, a California Limited Partnership, in lieu of the portion of Evans Street to be vacated. (d) There will be no public inconvenience suffered by the vacation and abandonment (subject to reserved easements) of the aforesaid portion of Evans Street. (e) There are existing public utility facilities located within the portion of Evans Street to be vacated. The Council finds that the public convenience and necessity requires the reservation of, and thereby excepts from abandonment, an easement and right-of-way over the entire portion of the abandoned portion of Evans Street, as shown on the attached Exhibit "A" , for the purpose of maintaining, operating, replacing, removing or renewing the public utility facilities located therein. (f) The Council finds that, pursuant to Streets and Highways Code Section 8356, that this vacation is being made for the purpose of opening a new realigned portion of Evans Street and that equity requires that the abandoned portion of Evans Street be deeded to Old Mountain Road Associates, a California Limited Partnership, subject to the reservation of easements aforesaid; and WHEREAS, the City Council does hereby elect to proceed in this matter under the provisions of Chapters 3, 5 and 6, Part 3 of Division 9 of the Streets and Highways Code of the State of California, and NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS: SECTION 1: The City Council of the City of San Jacinto, California does hereby order vacation and abandonment of that certain portion of the public right-of-way over Evans Street as shown on the attached Exhibit "A" , excepting therefrom and reserving an easement and right-of-way to the City of San Jacinto over the entire portion of such abandoned portion of Evans Street as shown on the attached Exhibit "A°' for the purpose of maintaining, operating, replacing, removing or renewing the public utility facilities located therein. SECTION 2 : The City Council of the City of San Jacinto, California does further order that upon vacation of the portion of Evans Street shown on the attached Exhibit "A" , the portion so vacated shall be conveyed by quitclaim deed and without warranty, to Old Mountain Road Associates, a California Limited Partnership, excepting therefrom such easement reserved to the City of San Jacinto as described in Section 1, above. SECTION 3 : The Clerk of the City of San Jacinto shall cause a certified copy of this resolution of vacation, attested by the Clerk under seal, to be recorded in the office of the Riverside County Recorder. MOVED, PASSED, and ADOPTED this 19th day of November, 1991 by the following vote: -2- AYES: Councilmemb er_s Ford, Hafl_iger, Leahy, Richards and Mavor Boykin NOES: NONE ABSENT: NONE ABSTAIN: NONE MAYOR ✓`,` ATTEST: CITY CLERK CERTIFICATE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF SAN JACINTO I, , City Clerk of the City of San Jacinto, do hereby certify that the foregoing is a true copy of Resolution No. 2007duly adopted by the City Council of San Jacinto at a regular meeting thereof held the 19th day of November, 1991. CITY CLERK -3- a z w LLJ w z z a w 2m® w W a F ell / nopswm •� � �. V. I s nerd 63 10 AMNO LU � • P 4 q oL cc lt 0 I-- - Z v.i3amm_ - -_- w > _ ( �- P uw A PMe U. Q ® o SFSF,, Q .=L. �`�- Q ;t LL Z � � (�• A x i t I , � � ® ® 2 _ U. ® Z pJi1� ® i I • I W:(LbN W vd � \` 1rV 1