24-1501RESOLUTION NO. 24-1501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF PUBLIC ROAD RIGHT OF WAY,
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, AS ORIGINALLY
DEDICATED FOR PUBLIC ROAD AND UTILITY PURPOSES ON THE TRACT MAP OF
ROMOLA No. 5, IN THE CITY OF MENIFEE, CALIFORNIA
WHEREAS, The Recorded Romola Map No. 5, located north of highway 74 and east of Menifee
Road in the City of Menifee ("City"), with Riverside County Recorder's Office, included dedications of
public roadway and utility easements; and
WHEREAS, Riverside County Flood Control and Water Conservation District ("District") requested
a Quitclaim be granted for the previously unaccepted dedicated Right of Way, said quitclaim would relinquish
any interests in the remaining portion of Cummings Avenue, not included in the previous summary vacation
approved by the County of Riverside by resolution No. 2006-119; and
WHEREAS, the City filed said quitclaim on June 5, 2024, to relinquish any interest in the
remaining Right of Way portion of Cummings Avenue previously offered by Romola No. 5 map; and
WHEREAS, the District, to ensure that the City cannot accept the Right of Way dedication in the
future, has requested the City vacate the offer of dedication completely; and
WHEREAS, the City has determined that a summary of vacation is warranted for relinquishing
public Right of Way, moves to approve the notice of Vacation 24-001; 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may summarily vacate a public utility easement if "the easement has been superseded by relocation, or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."
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
Section 1. The City Council, in summarily vacating public Right of Way, elects to proceed in accordance
with the provision of the "Public Streets, Highways and Service Easements Vacation Law," as established
in 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 irrevocably offered by the Map of
Romola No. 5, for the portion of Cummings Avenue, located directly south of Varela Lane, as described
in the Easement Vacation and exhibits attached hereto and incorporated as Exhibit "A" and depicted on
Exhibit "B" attached and incorporated.
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.
1
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 2"d day of October 2024.
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to form:
Jeff T. elching, C(At rney
2
Bill Zimmer ayor
Recording Requested By:
City of Menifee
When Recorded Mail To:
C 1+� OF Menifee
-zq k q I nun red .
M-tnifa) (4125ew
NOTICE OF VACATION NO. VAC 24-001
RECORDED OWNER(S) I AFFECTED ASSESSOR PARCEL NUMBER(S)
City of Menifee
I - -0r6 7 -5L7-300 -040/
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)
SIGNATURE
Title Mayor, City of Menifee
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.
STATE OF CALIFORNIA
COUNTY OF
DEPARTMENT USE ONLY
This Notice of Vacation No. VAC 24-001 is approved
)SS. I By:
} Title:
ON before me,
_ , a Notary Public
(INSERT NAME AND TITLE OF OFFICER)
personally appcarcd
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:
Date:
PUBLIC WORKS DEPARTMENT APPROVAL
EXHIBIT "A"
Right of Way Vacation
In the City of Menifee, County of Riverside, State of California, being that portion of land
described in the Easement Deed recorded March 26, 2007, Instrument No. 2007-0202655 Official
Records of said county, together with that portion of Cumming Avenue (Lot "B") of the Map of
Romola No. 5 filed in Book 14, Pages 44 through 46, inclusive, of Maps, records of said county,
described as follows:
Commencing at the northeasterly corner of Lot 184 of said Map, said point being on the westerly
line of said Cumming Avenue (Lot "B");
Thence South 00°3 F56" West 33.00 feet along said westerly line to a line parallel with and 33.00
feet southerly of the easterly prolongation of the northerly line of said Lot 184, said point being
the Point of Beginning;
Thence South 89°41'30" East 20.00 feet along said parallel line to the centerline of said Cumming
Avenue (Lot "B") to a line parallel with and 33.00 feet southerly of the westerly prolongation of
the northerly line of Lot 205 of said Map;
Thence South 89°40'56" East 20.00 feet along said parallel line to the westerly line of said
easement deed;
Thence continuing South 89°40'56' East 10.00 feet along said parallel line to the easterly line of
said easement deed;
Thence South 0091'56" West 47.00 feet along said easterly line to the southeasterly corner of said
easement deed;
Thence North 89°40'56' West 10.00 feet along the southerly line of said easement deed; to the
easterly line of said Cumming Avenue (Lot "B");
Thence South 00°31'56" West 9.00 feet along said easterly line to the northeasterly corner of
Resolution No. 2006-119 recorded June 21, 2006, Instrument No. 2006-0445942 Official Records
of said county;
Thence North 89°41'30" West 40.00 feet along the northerly line of said Resolution 2006-119 to
said westerly line of said Cumming Avenue (Lot "B");
Page 1 of 2
Thence North 00'31'56" East 56.00 feet along said westerly line to the Point of Beginning.
Containing 2709 square feet / 0.062 acre more or less.
The distances shown herein are in grid. Ground distances may be obtained by dividing the grid
distance by a combination factor of 0.99991285.
See Exhibit "B" attached hereto and made a part hereof.
,D LAND
G, S R. M, L
N0. 7752
* EXP. 12/31 /25 *
s'-�7eo�\5?%
MES R. M c N E I L L
Land Surveyor No. 7752
Date:—Z�
Page 2 of 2
6 0,
IV
P.O.C.
NE'L Y COR
VARELA LOT 184
N89 41'30"W 660.03' _
TO NW'LY COR I f'
LOT 184
N L Y LINE
LOT 184 o0
�i
I
P.O.B.
W'L Y LINE
OF CUMMING
A VENUE
1' (LOT "B")
NW'LY COR.
RESOLUTION No. 2006-119
INS7R. 2006-0445942
REC. JUN. 21, 2006
0. R. RI V. CO.
Line Table
LINE #
DIRECTION
LENGTH
L 1
N89 41 '30"W
20.00'
L2
N89 40'56 "W
20.00'
L3
N89 40'56"W
10.00'
L4
N89 440'56"W
10.00'
L5
N003156 E
9.00'
EXHIBI T "B"
f
20' 1 30"
N
GRAPHIC SCALE
0' 30'
LANE 1 INCH = 30 FEET
20' 20' 10'
�- L 1 L2 L3
W
o �0
Q
L5
I N89 41 30 "W�
40.00' -
olo
olo
L4
N89 40'56 "W 659.92' _ - -
I TO NE'L Y COR
LOT 205
N'LY LINE
i.� LOT 205
�i
PUBLIC RIGHT OF WAY
EASEMENT AS ACCEPTED
BY THE COUNTY/CITY PER
INS7R. 2007-0202655 REC.
MAR. 26, 2007
SE'L Y COR.
EASEMENT DEED
NE'L Y COR.
RESOLU7ON No. 2006-119
INS7R. 2006-0445942
REC. JUN. 21, 2006
0. R. RI V. CO.
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVA 77ON DISTRICT
1995 MARKET STREET, RIVERSIDE, CA. 92501
PROJECT NAME:ROMOLAND MDP UNE A-3 SCALE J "-3O' DRA►�v 8Y DAC
RCFC-NCD PARCEL NUMBER(S). NOT APPUCABLE DAJE 07108124 CHECK BY SB
RCFC-WCD PROJECT NUMBER SHEET NO.
4-0-00431-04 1 OF 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the
foregoing City Council Resolution No. 24-1501 was duly adopted by the City Council of the City
of Menifee at a meeting thereof held on the 2nd Day of October 2024 by the following vote:
Ayes:
Estrada, Deines, Karwin, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
r4SIe
'n`
nie Roseen, Acting City Clerk