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.