TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Jeff Lyall, Senior Development Services Technician
SUBJECT: Summary Vacation of a Slope and Drainage Easement on a Portion
of Lot 2 of Parcel Map 12211
title
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RECOMMENDATION
recommendation
Adopt Resolution No. 23-4698 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving the Summary Vacation of A Slope and Drainage Easement Being A Portion of Lot 2 of Parcel Map 12211.
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PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
An application was filed by Mena Christie to vacate an easement for slope and drainage purposes located within lot 2 of Parcel Map 12211. The easement was recorded by instrument number 2010-0600320 and recorded on December 14, 2010, for the maintaining, operating, altering, repairing, and replacing equipment and landscaping associated with the widening of Los Alamos Road. The easement needs to be removed to facilitate the development of the parcel.
The legal process for the City to divest its ownership in the easement is to vacate the easement. Vacations may be accomplished through either a summary or a non-summary process. The City may use a summary proceeding to vacate a portion of an easement when there are no in-place public utility facilities in use that would be affected by the vacation and the vacation is pursuant to a circumstance described by statute. Applicable here, pursuant to the Streets & Highways Code, a summary proceeding is appropriate when an excess right-of-way is not required. To summarily vacate an easement, the City Council need only adopt and record a resolution vacating the easement at issue. There are no notice or hearing requirements. Staff recommends vacating the easement.
Engineering staff has completed checking the proposed vacation for conformance wit...
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