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HomeMy WebLinkAboutResolution - 1096 WHEN RECORDED MAIL TO: c City Clerk Y City of San Jacinto P. 0. Box '488 San Jacinto, Calif. 92383 x RESOLUTION NO. 1095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, A CALIFORNIA MUNICIPALITY, ORDERING THE VACATION OF THIRD STREET BETWEEN SAN" JACINTO AND RAMONA. The matter of the vacation and abandonment of ThirdStreet between the intersections of San Jacinto on the ,east and Ramona Blvd. on the west, being the real property hereinafter described, having been heretofore proposed by the City Council of the City of San Jacinto, by its Resolution No. adopted April 20, 1976 1 , to which reference is hereby made; And it appearing that said Resolution No 1093 has been published in the manner prescribed by law, and an affidavit of said publication having been duly filed with the records of the City Clerk of the said city; And it further appearing that proper notices have been duly posted as required by law, along the boundary lines of the aforesaid portion of Third Street , and a declaration of said posting having been duly filed in the records of the City Clerk of said city; And it appearing that notices of the hearing were mailed at least ten days before the hearing by postage first class in the U.S. Postal Service to all owners of property located within 300 feet of the boundaries of the street proposed to be vacated, at their addresses as set - forth in the last equalized assessment roll of the County of Riverside; And a public hearing of all persons interested in or� objecting to the proposed vacation and abandonment of said easements having been set for 7 : 30 P. M on May 18 1976 at the Council Chambers, `;' City of San Jacinto, 201 East Main Street, San Jacinto, California; And said public hearing having been duly called and held at the afore- said time and place; That three letters were received by owners of .property within several blocks of the street proposed to be vacated objecting to the vacation, ` one letter was received in favor of the vacation, and 'four persons appeared to speak in favor of the proposal in addition to• the "owners of the immediate adjacent property and two spoke against it; And it appearing that from all the evidence submitted that it " is desired and appropriate that the easements hereinafter described be vacated as mentioned in said Resolution No. - 1093 be vacated except for reservation of easements for public utilities now existing in place ,• including sewer, water, gas , electricity and .cable television, NOW,,THEREFORE, IT IS HEREBY RESOLVED AND ORDERED„that the easements for road •pizrposes only and rights of way hereafter'described being now hereby vacated or abandoned, subject to reservation , and in accordance thereto, IT IS HEREBY ORDERED: 1. That the public rights-of-way and easements for road purposes and public rights of way subject to reservations hereinafter described in said real property hereinafter described be and are hereby vacated and abandoned pursuant to the provisions of Street Vacation Act of 1941 upon any exceptions and conditions as herein provided. 2 . The real propertyover and upon which the said easements are hereby vacated and abandoned, is described as follows : i t That real property located in the City of San-Jacinto, County of Riverside State of California more particularly described as follows : That portion of Third Street located between Block 7 and Block 12 of the Town of San Jacinto per Map Book 8 , -Page 357, official records of San Diego County commencing at the northwesterly pro- longation of the northeasterly boundary line of Ramona Boulevard, formerly known as Central Avenue;, thence Easterly to the intersection of the prolongation of the westerly line of San Jacinto Avenue, being fifty feet wide, more or less. 3. The City Council reserves and makes an exception to the abandonment and vacation proceedings herein any existing franchises or renewals of any existing franchises or easements or otherwise, to construction, maintain, operate, replace, remove, renew or enlarge conduits, cables , wires , poles and other convenient structions equivalent and fixtures for the operation of telegraphic, telephone lines , cable television lines , for the transportation and distribution of electrical energy, or inflamable gas now in place on the property .hereinabove described, including access to and the right to keep the property free from inflamable materials and wood growth and otherwise protect the same from hazards in and upon, over and above the portions of the street hereby vacated, all reserved for the benefit of the City of San Jacinto, and for electri- cal transmission lines for the benefit of Southern California Edison Company, for gas main for the benefit of Southern California Gas Company, for telephone lines for the benefit of General Telephone Company of California. Any portion of the easements hereby reserved may be conveyed by deed authorized by resolution of the city council upon such terms as the council shall then determine, including but not necessarily by way of limitation, the grantee' s relocation at grantee ' s expense of the existing improvements then in place for the portion conveyed. 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified copy hereof to be recorded in the office of the County Recorder of the County of Riverside . 5. The City Clerk is requested to cause conformed copies of the recorded copy of this resolution to be mailed to the owners of the adjacent parcels as shown by the last equalized assessment role . OVED, PASSED AND ADOPTED effective the day of (` , 19lev, by unanimous vote, all five members of the council beinW present. Mayor, City of San Jacinto ATTEST: LUCY MAY ALLEN, City Clerk By ---I} putt' CERTIFICATE The foregoing is certified to be a true copy of a Resolution' duly adopted by the said City Council of the City of San Jacinto on the date therein set forth. , LUCY MAY ALLEN, City Clerk By Deputy EYTTIBIT B> TO MINUTES OF CITY COLNICIL CITY OF SAN JACINTO, MAY 18 , 1976. The resolution shall not be deemed passed until the performance of the followina condition - The adjacent property owners to the portion of the street vacated shall post a bond by an authori-zed corporate surety or by a letter of credit by a financial institution reaularlv doincr business in the State of California in favor of the City of San Jacinto in an amount the City Manager shall estimate as the cost to acquire public right of way of eminent domain over the street to be vacated and to reinstall the paying and other street improvements now p in lace , which bond shall forfeit should the resolution vacating the' street be duly recorded and the adjacent property owners fail to construct the certain hotel improvements on and adjacent to the street to be vacated to the extent of at least one-half of the iriprover-,Lents , including new hotel units , represented in Exhibit A, received in evidence at the hearing® or the said property owners fail to offer to dedicate the same portion of the street for street purposes and deposit sufficient money with the city clerk to replace the present street irprovernents to their present condition , all within three years from the date of recording the resolution ordering the vacation. The bond or letter of credit shall be in a form approved by the city attorney and if a bond by noncorporate sureties it shall be in twice the amount otherwise required and the city attorney shall be satisfied of the financial solvency of said sureties to 'satisfy the bond. When said bond has been posted, the clerk is instructed to certify to the adoption of Resolution No. 1096 and to cause it to be recorded.