23-1382RESOLUTION NO. 23-1382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
RESCINDING RESOLUTION NO. 23-1363 AND REORDERING THE SUMMARY
VACATION OF PUBLIC UTILITY EASEMENTS, TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS, ORIGINALLY DEDICATED ON TRACT MAP NO. 32628, IN
THE CITY OF MENIFEE, CALIFORNIA
WHEREAS, Tract Map No. 32628 (TM32628), known as Adler Ranch ("Project") and located
south of Craig Avenue and east of Antelope Road in the City of Menifee, was recorded on November 13,
2007, with Riverside County Recorder's Office and included dedications of public utility easements,
together with the right of ingress and egress ("Original Easements") within private roadway easements;
and
WHEREAS, on June 08, 2022, FPG Tricon Menifee Property, LLC, ("Developer') submitted an
application to the City requesting to vacate the Original Easements established for the Project; and
WHEREAS, in September 2022, the Developer submitted a lot line adjustment (LLA 22-002) that
resulted in the shifting of the parcel lines within TM32628, requiring that new public utility easements and
access easements be recorded for the Project; and
WHEREAS, on April 27, 2023, the dedication of new public utility easements ("New Easements")
within the private roadways of TM32628 were recorded with the Riverside County Recorder's office as
DED22-012, Instrument No. 2023-0119544; and
WHEREAS, the City has determined that the Original Easements have been superseded by the
dedication of the New Easements, and there are no other public facilities located within the Original
Easements; and
WHEREAS, the Streets and Highways Code Section 8333(c) establishes that a local jurisdiction
may summarily vacate a public utility easement if "the easement has been superseded by relocation, or
determined to be excess by the easement holder, and there are no other public facilities located within
the easement;" and
WHEREAS, on October 18, 2023, the City Council approved Resolution No. 23-1363, ordering
the summary of vacation of public utility easements, together with the right of ingress and egress, as
previously dedicated on recorded Tract Map No. 32628 for the Adler Ranch development; and
WHEREAS, Resolution No. 23-1363 and the Vacation was not able to be recorded due to
information not being clearly legible on the Exhibit for Tract Map No. 32628; and
WHEREAS, the City has removed the exhibit for Tract Map No. 32628 as it was determined that
it was not a requirement for recordation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
Section 1. The City Council, in summarily vacating public utility easements, together with right of
ingress and egress, 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 summarily vacate those public utility
easements, together with the right of ingress and egress originally dedicated within Tract Map 32628,
located south of Craig Avenue and east of Antelope Road, as described in the Easement Vacation and
exhibits attached hereto and incorporated as Exhibit "A". From and after the date this Resolution is
recorded, the public utility easements vacated shall no longer constitute a public service easement.
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.
PASSED, APPROVED AND ADOPTED this 6' day of December 2023.
Bill Zimmer nTa), Vayor
Attest:
Approved as to form:
Jeffr T. etching, City A orney
Recording Requested By:
City of Menifee
When Recorded Mail To:
City of Menifee .
29844 Haun Road
Menifee, CA. 92586
NOTICE OF VACATION NO. VAC22-003
RECORDED OWNER(S)
City of Menifee
AFFECTED ASSESSOR PARCEL NUMBER(S)
372-050-037, 038, 039, 040, 041 & 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 ONLY
SIGNATURE
This Notice of Vacation No. VAC22-003 is approved
Title Mayor, City of Menifee
ATTEST:
By:
Sarah Manwaring, City Clerk
Title:
Date:
PUBLIC WORKS DEPARTMENT APPROVAL
MAIL TAX STATEMENTS TO:
FPG TRICON MENIFEE PROPERTY LLC
27271 Las Ramblas, Suite 100
Mission Viejo, CA 92691
EXHIBIT "A"
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA:
BEING A PORTION OF LOT 2 OF TRACT MAP NO.32628, AS SHOWN ON MAP FILED IN BOOK 427, AT
PAGES 18 THROUGH 24, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, AND PARCELS "A" THROUGH
"D", INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 22-022, RECORDED SEPTEMBER 13, 2022 AS DOCUMENT
NO. 2022-0392932, OFFICIAL RECORDS OF SAID COUNTY, LYING WITH SECTION 11, TOWNSHIP 6 SOUTH,
RANGE 3 WEST SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THAT EASEMENT DEDICATED TO PUBLIC USE FOR PUBLIC UTILITY PURPOSES
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR EMERGENCY VEHICLES WITHIN THE "PRIVATE
ROAD EASEMENTS" AS SHOWN ON TRACT MAP NO. 32628, AS SHOWN ON MAP FILED IN BOOK 427, AT
PAGES 18 THROUGH 24, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
CONTAINING 7.04 ACRES, MORE OR LESS.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
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A1.
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.
AEASTERN MUNICIPAL WATER DISTRICT, HOLDER OF AN EASEMENT FOR SLOPE AND DRAINAGE AND INCIDENTAL
PURPOSES, RECORDED AUGUST 2, 2000 AS INSTRUMENT NO. 00-297883 OF OFFICIAL RECORDS.
EASTERN MUNICIPAL WATER DISTRICT, HOLDER OF AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL
PURPOSES, RECORDED AUGUST 2, 2000 AS INSTRUMENT NO. 00-297884 OF OFFICIAL RECORDS.
A55ABUTTER'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
A6.
PRIVATE ROAD EASEMENT PER TRACT NO. 32628, MB 427118-24 FOR PRIVATE ROAD, PUBLIC UTILITY
PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR EMERGENCY VEHICLES AND INCIDENTAL
PURPOSES.
AT PRIVATE DRAINAGE EASEMENT PER TRACT NO. 32628, MB 427118-24.
VERIZON CALIFORNIA INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, HOLDER OF AN EASEMENT FOR
8�UNDERGROUND CONDUITS, MANHOLES, HAND HOLES, AMPLIFIERS, PEDESTALS, CABLES, WIRES, ABOVE AND
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
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. 2008-0319217
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
1 Q 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
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
�/ -INDICATES EASEMENT CANNOT BE LOCATED FROM RECORD
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. 23-1382 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 6th Day of December 2023 by the following vote:
Ayes: Estrada, Deines, Karwin, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None