RESOLUTION NO. 2022-117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONA, CALIFORNIA, ORDERING THE SUMMARY
VACATION OF A TEMPORARY EMERGENCY
VEHICULAR ACCESS EASEMENT AND A TEMPORARY
WATER LINE EASEMENT LOCATED ON LOT 8 OF
TRACT 25690-2 AND LOT 9 OF TRACT 25690-1 LOCATED
BETWEEN MACBETH AVENUE AND DAKIN DRIVE.
WHEREAS, the City of Corona (“City”) accepted the dedication of a temporary emergency vehicular access easement on a portion of real property identified as Lot 8 of Tract 25690-2 (APN 113-123-008) and Lot 9 of Tract 25690-1 (APN 113-123-009) (“Property”) from Coventry of California, Inc., an Arizona corporation (“Grantor”) pursuant to the tract maps, which were recorded August 1, 1995, in Book 254 of Tract Maps, at Pages 56-61, and as Instrument Nos. 249436 and 249438 in the Official Records of the County of Riverside (“Access Easement”); and
WHEREAS, the City also accepted the dedication of a temporary water line easement on a portion of the Property from Grantor pursuant to the tract maps, which were recorded August 1, 1995, in Book 254 of Tract Maps, at Pages 56-61, and as Instrument Nos. 249436 and 249438 in the Official Records of the County of Riverside (“Waterline Easement”); and
WHEREAS, the Access Easement and the Waterline Easement are more particularly described and depicted in Exhibits “A” and “B” attached hereto and incorporated by reference; and
WHEREAS, the Waterline Easement was acquired to connect the waterlines located within Macbeth Avenue and Dakin Drive that serve Tract 25690; and WHEREAS, the Access Easement was designed to provide looped vehicular access between MacBeth Avenue and Dakin Drive within Tract Map 25690; and WHEREAS, the current record owner of the Property, D.R. Horton Los Angeles Holding company, Inc., a California corporation (“Property Owner”), intends to develop 23 single family residential lots (“Project”) on the Property and certain other real property immediately adjacent to the Property identified as Tract Map 36608; and WHEREAS, as part of the Project, the Property Owner has extended MacBeth Avenue and Dakin Drive into Tract Map 36608 and the looped vehicular access is now provided by means of a fully improved street within the Project; and -2-
WHEREAS, as part of the Project, the Property Owner has also removed the existing waterline within the Waterline Easement and relocated it within the portion of MacBeth Avenue and Dakin Drive that has been extended into Tract Map 36608; and WHEREAS, the Property Owner has requested that the Access Easement and the Waterline Easement be vacated and/or quitclaimed as necessary; and WHEREAS, these summary vacation proceedings are being conducted pursuant to the requirements of Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, which authorizes the City Council to summarily vacate public service easements that have been superseded by relocation; and
WHEREAS, pursuant to Section 8313 of the California Streets and Highways Code and based upon the findings set forth below, the City’s Planning and Housing Commission adopted Resolution No. 2594 on October 10, 2022, and determined that the vacation of the Access Easement and the Waterline Easement is consistent with the City of Corona General Plan for the following reasons:
(A) The vacation of the Access Easement and the Waterline Easement is consistent with General Plan Policy LU-8.1 because it promotes the conservation of existing residential neighborhoods and will facilitate the infill of housing. Tract Map 36608 is an infill development that was designed to be a cohesive extension of the abutting residential neighborhood (Tract 25690). The existing public streets are being extended into Tract 36608 to provide continuous, shared internal circulation for both developments. The streets are also being constructed per the city’s local street standard and the waterline is being relocated within the right-of-way of the public street. Therefore, the waterline and temporary access within the subject easement is no longer necessary;
(B) The vacation of the Access Easement and the Waterline Easement is consistent with General Plan Policy LU-9.7 because it results in the enhancement of neighborhood quality by establishing a network of streets that promote neighborhood activity, internal access and connectivity to surrounding areas. The circulation design of Tract Map 36608 is a logical and natural extension of the circulation design of the adjacent Tract 25690. The layout and lot sizes of the development is similar to the existing neighborhood and the streets are being constructed per the city’s local street standard. The public waterline is also being relocated within the right-of-way of the public streets. Therefore, the Waterline Easement and the Access Easement are no longer necessary;
(C) The vacation of the Access Easement and the Waterline Easement is consistent with General Plan Goal CE-1 because it will permit a roadway network of complete streets that provide accessibility for all users. Tract Map 36608 provides continuous circulation of the existing public streets and creates a new looped roadway design in accordance with the city’s local street standard. The public waterline is also being relocated within the right-of-way of the public streets. Therefore, the Waterline Easement and the Access Easement are no longer necessary.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corona, California, as follows:
SECTION 1. Incorporation of Recitals. The above Recitals are true and correct and are incorporated herein by reference.
SECTION 2. Findings. The City Council finds that with the relocation of the waterline from the Property to the public streets and the extension of MacBeth Avenue and Dakin Drive to provide looped vehicular access: (i) the Waterline Easement and the Access Easement have been superseded by relocation and are not needed for the City’s existing or future public utility or emergency access requirements; and (ii) there are no public utility facilities in use or that would be affected by the vacation of the Access Easement and the Waterline Easement.
SECTION 3. Vacation of the Waterline Easement and Access Easement. The City Council hereby summarily vacates the Waterline Easement and the Access Easement in accordance with Section 8333(c) of the California Streets and Highways Code.
SECTION 4. Effective Date. This Resolution shall be effective immediately upon adoption.
SECTION 5. Recordation. The City Clerk shall cause a certified copy of this Resolution to be recorded in the Riverside County Recorder’s Office in accordance with the provisions of Streets and Highways Code Section 8325. Pursuant to Section 8351 of the California Streets and Highways Code, from and after the date this Resolution is recorded, the Waterline Easement and the Access Easement shall no longer constitute public service easements and title to the Property shall thereafter be free from said public service easements.
PASSED, APPROVED AND ADOPTED this 19th day of October 2022.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
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CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 19th day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 19th day of October, 2022.
City Clerk of the City of Corona, California
[SEAL]
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EXHIBIT “A”
LEGAL DESCRIPTION OF WATERLINE EASEMENT AND ACCESS EASEMENT [SEE ATTACHED TWO (2) PAGES]
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EXHIBIT “B”
DEPICTION OF WATERLINE EASEMENT AND ACCESS EASEMENT
[SEE ATTACHED TWO (2) PAGES]