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Home My WebLink AboutResolution - 3049 (2)WHEN RECORDED RETURN TO: CITY OF SAN JACINTO ATTN: City Clerk 166 E Main Street, Suite 2 San Jacinto, Ca 92583 DOC # 2007-0394771 06/15/2007 08:00A Fee:NC Page 1 of 9 Recorded to Official Records County of Riverside Larry W. Ward Assessor County Clerk 8 Recorder IIffl 11 II III III IIIIIII 0111 I1II III IIIII 0II SPACE ABOVE THIS LINE FOR RECORDER'S USE RECORDING REQUESTED BY: Exempt from recording fee, per Government Code Section 6103 CITY pF SAN JACINTO CAI,IFORNIA By: i S R U PAGE SIZE DA MISC LONG RFD COPY I (4 n M A L 465 426 PCOR NCOR SMF CTY �1CHG � IFf it EXAM O IT: Resolution No. 3049 (regarding an easement vacation) (Tide of Document) PAGE 1 of 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. 3049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING THAT A RIGHT-OF-WAY EASEMENT LOCATED AT THE NORTH SIDE OF RAMONA EXPRESSWAY, EAST OF STATE STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE AND VACATING THE SAME PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8331 ET SEQ. WHEREAS, the City of San Jacinto ("City") has a certain right-of-way dedication ("Deed") that was intended to facilitate the widening of State Route 79 for a subdivision recorded on June 1, 1979; and WHEREAS, the Easement generally traverses the real property located at the north side of Ramona Expressway, between the extension of Gold Street and State Street, and is more specifically described in the attached Exhibit "A" and depicted in the Map attached as Exhibit "B;" and WHEREAS, the four feet easement has been requested to be vacated by Pacific Development Partners, LLC, in accordance with engineering condition of approval No. 14 for Conditional Use Permit 4-05 and the general plan, and there are no public utility facilities that are located in the Easement; and WHEREAS, because of the proposed vacation, the City of San Jacinto has no further use for the Easement and the City Council desires to summarily vacate the Easement; and WHEREAS, pursuant to Section 8331 of the California Streets and Highways Code, there are no in -place public utility facilities that are in use and would be affected by the proposed vacation; and WHEREAS, Section 8331 of the California Streets and Highways Code authorizes the City Council to summarily vacate a portion of a street or highway when the street has been impassable for vehicular travel for five (5) consecutive years; and no public money was expended for maintenance on the street during such period; and Page 1 of 5 WHEREAS, this vacation of the Easement is made pursuant to the requirements of California Streets and Highways Code, Division 9. — Change of Grade and Vacation, Part 3. — Public Streets, Highways, and Service Easements Vacation Law (sections 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: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Order of Vacation. The City Council under the authority vested in it by the California Streets and Highways Code, Division 9. — Change of Grade and Vacation, Part 3. — Public Streets, Highways, and Service Easements Vacation Law (Section 8331 et seq.), Chapter 4. — Summary Vacation, hereby orders the vacation of the Easement and any and all interests that the City may have therein, as more particularly described and depicted in the attached Exhibit A and B, respectively. SECTION 3. Certification, Recordation and Retention. Following the approval by the City Engineer of an offer of dedication as required by Section 4, the City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the Riverside County Recorder. Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution. SECTION 4. Effective Date. This Resolution shall become effective upon the filing of an offer of dedication for the relocated easement described herein, in form and substance acceptable to the City Engineer. Upon the date this Resolution is recorded with the Riverside County Recorder and thereafter, the order of vacation is complete and the Easement vacated no longer constitutes a public service easement Page 2 of 5 PASSED, following vote: Ayes: Nays: Absent: Abstain: ATTEST: D rothy L. C APPROVED and ADOPTED, this 19th day of April 2007, by the Ayres, Carlson, No ne None None uinard, City Clerk Mansperger, Ritchie, Stubblefield City of San Jacinto Page 3 of 5 EXHIBIT A TO RESOLUTION NO. 3049 Legal Description of Easement All rights acquired under the certain Grant of Easement recorded on June 1, 1979, in Book 104, Page No.'s 97-101 of the Official Records of Riverside County, California, in, on , and over the real property described as follows: See Attachment RVPUBUBALLINGER1705818.1 Page 4 of 6 Exhibit "A" Vacation of a Portion of the Ramona Expressway Those portions of Lot "A" (State Street, 100 feet in width) of Tract No. 8319, as shown by map on file in Book 104 of Maps, Pages 97 through 101 thereof, Records of Riverside County, California and Lot 105 of The Lands of the San Jacinto Land Association, in, Section 27, Township 4 South, Range 1 West, S.B.M, as shown by map on file in Book 8 of Maps, Page 357 thereof, Records of San Diego County, more particularly described as follows: BEGINNING at the Southeast corner of Lot 146 of said Tract No. 8319, being a point in the northerly line of said Lot 105, and also being a point in the northerly line of RamonaExpressway, 142 feet • in width, as shown by said Tract No. 8319, said northerly line being a line parallel to and 71.00 feet northerly of the centerline of said Ramona Expressway; Thence South 89°43'47"West along the northerly line of said Ramona Expressway, a distance of 487.95 feet; Thence westerly, continuing along said northerly line, along a tangent curve concave northerly, having a radius of 1929.00 feet, through an angle of 03°04'Ol" and an arc length of 103.26 feet, to an angle point therein; Thence North 43°45'36"West along said northerly line, a distance of 34.49 feet, to the easterly line of said Lot "A" (State Street); Thence South 00°19'32"East along the southerly prolongation of said easterly line, a distance of 5.98 feet; Thence South 43°44'17"East, a distance of 31.61 feet, to a curve concentric with and 67.00 feet northerly of said centerline; Thence easterly along said concentric curve along, being a non -tangent curve concave northerly, having a radius of 1933.00 feet, through an angle of 03°07' 10" and an arc length of 105.23 feet (the initial radial line bears North 02°50'57"East, to a line parallel and 67.00 feet northerly of said centerline of Ramona Expressway; Thence North 89°43'47'Bast along said parallel line, a distance of 487.96 feet, to the southerly prolongation of the easterly line of said Lot 146; Thence North 00°19'32"West along said prolongated line , a distance of 4.00 feet, to the Point of Beginning. The above described parcel of land contains 1,260 square feet, more or less. Prepared"under the supervision of: MARISSA S.B. & O., Inc. r CROWTHER \o'; 'Fe." zo, Exp. 9J.�Jl�° No. 6152 Marissa Crowther, PLS 6152 Date OFCA0 • D:162482\survey162482 St Vac.doo loci 44i) or 5 RVPUBVBALLINGER\7058181 EXHIBIT B TO RESOLUTION NO. 3049 Map of Easement [SEE ATTACHED] Page 5of151 4.0 See Detail pe1ow 50' r• 0 P 4 6 1 9 .'`a, $ 3 N0N141 0 • • 4C is c To Be Vacated R=1929.00' ....`0 °2s' ~1 ' N89'43'47E 1.1 ,05Iset 9 ��1 ///// INDICATES RESTRICTED VEHICULAR ACCESS DEDICATED. MAMBA� CROWTHER Exp.�!•�2ilO4? No. 6152 - Reserved Access Opening `6T 487.95' 15 43 co 1 0 SE Gor. Lot /44 487.96' ^t 4.00' m r. N00'19'32'W £ Ramona Expressway U I A, V !� V 50' 5.98' N0019'32"W Detail n.t.s. N43'45'36'W Lj 34.49• j •a01' R=1929.00' o 0=03'04'01' d� L=103.26' 487.96' 14 co .4W 12=2000*- R=1933.00 " A=03'0710 L=105.24' NO� 57. (R) •� • •• • •, 487.96' I • € Ramona Expressway PREPARED UNDER THE DIRECTION OF: S.D. & O., INC. 27715 JEFFERSON AVE, SUITE 20Z TEMECULA, CA 92590 MARISSA CROWTNER, PLS 6152 DATE 'I✓ 20 - 2s0') IN THE CITY OF SAN JACINTO VACATION OF A PORTION OF RAMONA EXPRESSWAY RIGHT OF WAY SHEET 1 OF 1 EXHIBIT B 62482rwVacOl.dwg CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3049 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 19th day of April, 2007. WITNESS MY HAND AND OFFICIAL SEAL this 4th day May, 2007. Dorothy L. City Vicatili(VA CI houinard, City Clerk San Jacinto