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23-1358RESOLUTION NO.23-1358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF CRAIG AVENUE AND THE RESERVATION OF UTILITIES AND EASEMENTS THEREIN WHEREAS, on June 8, 2022, a petition to vacate portions of right-of-way on Craig Avenue, east of Antelope Road, was received from FPG Tricon Menifee Property, LLC; and WHEREAS, on July 19, 2023, the Mayor and City Council authorized staff to initiate proceedings for investigation and analysis to vacate portions of right-of-way on Craig Avenue, east of Antelope Road; and WHEREAS, the City has determined that the portion of right-of-way to be vacated is unnecessary for prospective or public use; and WHEREAS, on August 19, 2023, and August 26, 2023, a Notice of Public Hearing was published in the Press Enterprise, a locally distributed daily newspaper; and WHEREAS, on August 22, 2023, notices were sent out to City Departments and utility providers, and posted in three conspicuous locations on the vacation site; and WHERAS, on September 6, 2023, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the City Council of the City of Menifee, California and offered evidence in relation to the vacation of portions of right-of-way on Craig Avenue, east of Antelope Road. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California: Section 1. The City Council, in vacating portions of right-of-way on Craig Avenue east of Antelope Road, elects to proceed in accordance with the provision of the "Public Streets, Highways and Service Easements Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. Section 2. The City Council of the City of Menifee does hereby vacate that portion of Craig Avenue, east of Antelope Road, as described in the Notice of Vacation and exhibits attached hereto and incorporated as Exhibit "A" and depicted on each of the maps attached hereto and incorporated as Exhibit "B". Section 3. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging to either the City of Menifee or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions or Division 9, Part 3, Chapter 5, Article 1, of the Streets and Highways Code of the State of California. Section 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Section 6. Effective Date. This Resolution shall become effective immediately 1 Street Vacation No VAC22-002 PASSED, APPROVED AND ADOPTED this 6th day of September 2023. V Bill Zimm ayor Attest: Approved as to form: Recording Requested By: City of Menifee When Recorded Mail To: City of Menifee. 29844 Haun Road Menifee, CA. 92586 NOTICE OF VACATION NO. VAC 22-002 RECORDED OWNER(S) AFFECTED ASSESSOR PARCEL NUMBER(S) City of Menifee 372-050-041 & 372-050-042 LEGAL DESCRIPTION OF PARCEL SEE ATTACHED EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. SIGNATURE OF RECORD OWNER(S) (MUST BE NOTARIZED) DEPARTMENT USE ONLV SIGNATURE Title Mayor, City of Menifee This Notice of Vacation No. VAC 22402 is approved A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. BY: STATE OF CALIFORNIA )SS. COUNTY OF I Title: oerore t- a Notary Public (INSERT NAME AND TITLE OF OFFICER) %• t personally appeared __ PUBLIC WORKS DEPARTMENT APPROVAL who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the Foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Of Notary Public *See additional sheets for additional notaries* MAIL TAX STATEMENTS TO: FPG TRICON MENIFEE HOLDINGS LLC 27271 Las Ramblas, Suite 100 Mission Viejo, CA 92691 EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION VAC 22-002 IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: PARCEL 1 BEING A PORTION OF PARCELS "A" AND "B" OF LOT LINE ADJUSTMENT NO. 22-002, RECORDED SEPTEMBER 13, 2022, AS DOCUMENT NO. 2022-0392932, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 11, TOWNSHIP 6 SOUTH, RANGE 3 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CRAIG AVENUE (30.00 FOOT HALF WIDTH) AND WILLOWOOD WAY (29.00 FOOT HALF WIDTH) AS SHOWN ON TRACT MAP NO. 32628, FILED IN BOOK 427, AT PAGES 18 THROUGH 24, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 00°30'44" WEST ALONG THE CENTERLINE OF SAID WILLOWOOD WAY AS SHOWN ON TRACT NO. 32628, AS PER MAP RECORDED IN BOOK 427, PAGES 18 THROUGH 24, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A DISTANCE OF 45.00 FEET TO A LINE PARALLEL WITH AND 45.00 FEET SOUTHERLY OF SAID CENTERLINE OF SAID CRAIG AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE ALONG SAID PARALLEL LINE, NORTH 89°29'16" WEST, A DISTANCE OF 31.70 FEETTO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID CRAIG AVENUE; THENCE THE FOLLOWING THREE (3) COURSES ALONG THE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY RIGHT OF WAY LINES OF SAID CRAIG AVENUE; 1) SOUTH 47°24'12" WEST, A DISTANCE OF 11.83 FEET; 2) NORTH 89°29'16" WEST, A DISTANCE OF 46.13 FEET; 3) NORTH 46°22'14" WEST, A DISTANCE OF 11.83 FEET TO SAID PARALLEL LINE; THENCE SOUTH 89°29'16" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 31.70 FEET TO THE CENTERLINE OF SAID WILLOWOOD WAY AND THE TRUE POINT OF BEGINNING. CONTAINING 442.89 SQUARE FEET, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARE Y ME OR UND MY SUPERVISION: \ONNl- LANDS DAlt RICHARD D IL REAVES, PLS 89386 1 LS9386 7° Page 1 of 1 ` OF 1 " = 250' 30 30 - N cn PC EXHIBIT r'B" STREET VACATION VAC 22-002 SEE DETAIL ON SHEET I SHEET 1 OF 3 o HANOVER -�-- LANE a LLA NO. 22-002 pQa�r a REC. 0911312022 AS DOC. dLLA N0. 22-002 l N0. 2022-0392932, O.R. REC. 0917312022 AS DOC. 2 NO. 2022-0392932, 0. R. 14 6 O 6 7 � ao4 � 4aa6� aoo ��a�a oa9a��41 s 14 g Q 2 paa6Na „@„ Q LLA NO. 22-002 REC, 0911312022 AS DOC. O N0. 2022-0392932, O.R. 5^ \ -� 1 , FjRJ2@Cfa "D„ LLA NO. 22-002 1 REC. 0911312022 AS DOC. NO. 2022-0392932, O.R. -_l I SAND LEGEND LOT LINE J LS 9386 — — EASEMENT LINE * * SURVEY NQTLS ff 9l� OF CAS \� < > -INDICATES RECORD DATA PER \F TRACT NO. 32628, ME 427/18-24 SEC. 11, T. 6S. R.3W. S.B.M. PUT a JOB N0. 10004 DATE 10/06/2022 CLIENT. • FOREMOST COMMUNITIES OM APPROVED EN G / N E E RS PLAT TO ACCOMPANY c"'�'wniv. LEGAL DESCRIPTION 6879 Airport Drive, Riverside, CA 92504 Tel:(951) 688-0241•Fox:(951) 688-0599 RICHARD AIL REAVES, PLS 9386 LA5EMENT NOTES - EXHIBIT "B" STREET VACATION VAC 22-002 SHEET 2 OF 3 A AN IRREVOCABLE OFFER OF DEDICATION TO THE COUNTY OF RIVERSIDE FOR PUBLIC ROAD, SLOPE AND DRAINAGE AND INCIDENTAL PURPOSES, RECORDED AUGUST 4, 1988 AS INSTRUMENT NO. 88-219863 OF OFFICIAL RECORDS. EASTERN MUNICIPAL WATER DISTRICT, HOLDER OF AN EASEMENT FOR PIPELINES AND ACCESS AND INCIDENTAL PURPOSES, RECORDED JULY 9, 1991 AS INSTRUMENT NO. 230836 OF OFFICIAL RECORDS. EASTERN MUNICIPAL WATER DISTRICT, HOLDER OF AN EASEMENT FOR SLOPE AND DRAINAGE AND INCIDENTAL /A PURPOSES, RECORDED AUGUST 2, 2000 AS INSTRUMENT NO. 00-297883 OF OFFICIAL RECORDS i 4EASTERN MUNICIPAL WATER DISTRICT, HOLDER OF AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL l \\ PURPOSES, RECORDED AUGUST 2, 2000 AS INSTRUMENT NO. 00-297884 OF OFFICIAL RECORDS. �ABUTTER'S RIGHTS OF INGRESS AND EGRESS TO OR FROM ANTELOPE ROAD EXCEPT THE GENERAL EASEMENT , OF TRAVEL; ALSO EXCEPTING TWO ADJACENT 29 FOOT ACCESS OPENINGS HAVE BEEN DEDICATED OR RELINQUISHED ON THE FILED MAP. AFFECTS: LOTS 1 AND 3 PRIVATE ROAD EASEMENT PER TRACT NO. 32628, MB 427118-24 FOR PRIVATE ROAD, PUBLIC UTILITY 6. PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR EMERGENCY VEHICLES AND INCIDENTAL PURPOSES. A7PRIVATE DRAINAGE EASEMENT PER TRACT NO. 32628, MB 427118-24. VERIZON CALIFORNIA INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, HOLDER OF AN EASEMENT FOR UNDERGROUND CONDUITS, MANHOLES, HAND HOLES, AMPLIFIERS, PEDESTALS, CABLES, WIRES, ABOVE AND \_J BELOW GROUND VAULTS AND ENCLOSURES CONCRETE PADS, MARKERS AND OTHER APPURTENANCES AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 26, 2008 AS INSTRUMENT NO. 2008-0091451 OF OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, HOLDER OF AN EASEMENT FOR OVERHEAD ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATIONS SYSTEMS, CONSISTING OF /g\ POLES, GUY WIRES AND ANCHORS, CROSSARMS, WIRES, AND OTHER APPURTENANT FIXTURES AND/OR EQUIPMENT NECESSARY OR USEFUL FOR DISTRIBUTING ELECTRICAL ENERGY AND FOR TRANSMITTING INTELLIGENCE AND INCIDENTAL PURPOSES, RECORDED JUNE 11, 2008 AS INSTRUMENT NO. 2008-031921 7 OF OFFICIAL RECORDS. SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, HOLDER OF AN EASEMENT FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATIONS SYSTEMS, CONSISTING OF WIRES, UNDERGROUND CONDUITS, CABLES, VAULTS, MANHOLES, HANDHOLES, AND INCLUDING ABOVE -GROUND ?O. ENCLOSURES, MARKERS AND CONCRETE PADS AND OTHER APPURTENANT FIXTURES AND EQUIPMENT NECESSARY OR USEFUL FOR DISTRIBUTING ELECTRICAL ENERGY AND FOR TRANSMITTING INTELLIGENCE AND INCIDENTAL PURPOSES, RECORDED AUGUST 6, 2008 AS INSTRUMENT NO. 2008-0431208 OF OFFICIAL RECORDS. EASEMENT IS BLANKET IN NATURE AND AFFECTS ALL STREETS, HIGHWAYS, PUBLIC PLACES, AND THE COMMON AREAS (EXCLUSIVE OF BUILDING SITES) OF TRACT NO. 36828. SOUTHERN CALIFORNIA GAS COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, HOLDER OF AN EASEMENT FOR PUBLIC UTILITY AND INCIDENTAL PURPOSES, RECORDED JULY 27, 2022 AS 11• INSTRUMENT NO. 2022-0333017, OF OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, HOLDER OF AN EASEMENT FOR PUBLIC UTILITY 12 AND INCIDENTAL PURPOSES, RECORDED AUGUST 2, 2022 AS INSTRUMENT NO. 2022-0342590, OF OFFICIAL RECORDS. EASEMENT IS BLANKET IN NATURE AND AFFECTS ALL STREETS, HIGHWAYS, PUBLIC PLACES, AND THE COMMON AREAS (EXCLUSIVE OF BUILDING SITES) OF TRACT NO. 36828. AN EASEMENT IN FAVOR OF THE CITY OF MENIFEE FOR PUBLIC ROAD & PUBLIC UTILITY PURPOSES } RECORDED OCTOBER 5, 2022 AS DOCUMENT NO. 2022-0418390, OF OFFICIAL RECORDS. 14, AN EASEMENT IN FAVOR OF THE CITY OF MENIFEE FOR PUBLIC ROAD & PUBLIC UTILITY PURPOSES RECORDED OCTOBER 5, 2022 AS DOCUMENT NO. 2022-0418400, OF OFFICIAL RECORDS. 0 -INDICATE EASEMENT PLOTTED HEREON 0 -INDICATES EASEMENT CANNOT BE LOCATED FROM RECORD Ei�I-JIBIT I " SHEET 3 OF 3 STREET VACATION VAC 22-002 LEGEND: ( ) - PER TRACT NO. 32628 M.B. 427/18-24 O.R. CMG AVENUE R/W ACCEPTED P.O.C.t�ETR. PARCEL 32628, (N8929'16"W) — 427118-24 QQo a0o ��3(3�E3 � 'o� d04 "C" L`u]C3 4z�17 D �3��4 0(N8929'16"W) TP.O.B. o317.98' PARCELil N8929'16"W) R/W ACCEPTED S89'29'16'E 63.40' PER TR. 32628, 13 31.70' 31.70' 1 13 M.B. 427118-24 a \ (N46'22'44"W)Y7! .13')11.83'89 29'16 "W) Ppa@Gd ,-Q„ PARCEL 1 AREA=442.89 SQ. FT \ LLA ND. 22-002 REC. 0917312022 AS DOC. NO. 2022-0392932, O.R. l I op 0 20 40 80 iN FEET ) 1 incn = 40 ft. (54724'12"W) 11.83' pL^Q @9C t "a" LL.A NO. 22-002 REC. 09/ 13/2022 AS DOC. NO. 2022-0392932, O.R., SEC. 11, T.6S. R.M. S.B.M. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 23-1358 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 611 Day of September 2023 by the following vote: Ayes: Deines, Estrada, Karwin, Sobek, Zimmerman Noes: None Absent: None Abstain- None