TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Jennifer Chamberlain, Development Services Technician
SUBJECT:
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Summary Vacation of an Easement for Public Right-of-Way Purposes for a Portion of Lot 1 of Parcel Map 8590
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RECOMMENDATION
recommendation
Adopt Resolution No. 24-4801 entitled: A Resolution of the City Council of the City of Murrieta, California to Order the Summary Vacation of an Easement for Public Right-of-Way Purposes Pursuant to California Streets and Highways Code Sections 8300 et seq.
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PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
A slope easement for right-of-way purposes was deeded to the City on February 22, 2011, through Instrument No. 2011-081287, by Golden City Land Company, as part of the Whitewood Road capital improvement project constructed by the City. The slope easement at that time was necessary to construct the roadway. Jefferson, Whitewood, LLC, the developer of the parcel on the southeast corner of Whitewood Road and Lee Lane, has requested the abandonment of a portion of the slope easement to allow for development of a multi-family residential project. The portion of the easement areas to be abandoned is legally described in Exhibits “A” and “C” to the proposed Resolution. Plats are provided in Exhibits “B” and “D” to describe the locations.
The original dedication to the City was for a slope easement, but it was legally described as being for right-of-way purposes. Staff has reviewed the requested slope easement and right-of-way vacation and determined that the purpose of the easement is no longer needed due to the proposed development of the parcel. The grading of the parcel by the developer will render the slope easement unnecessary. Since the slope easement was dedicated as a public right-of-way, the City needs to formally vacate the right-of-way to terminate the easement. The City may proceed to accomplish this through a summary vacation since there are no public utilities within the easement subject to the vacation.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Resolution No. 24-4801
2. Grant Deed for Slope Easement