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:
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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
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