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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF RIVERSIDE,
CALIFORNIA, MAKING ITS FINDINGS AND DETERMINATIONS IN
THE MATTER OF RESOLUTION OF INTENTION NO. 24068; AND
MAKING ITS ORDER VACATING APPROXIMATELY 0.84-ACRES OF
SPENCER COURT.
WHEREAS, on December 19, 2023, the City Council of the City of Riverside in Planning Case No. PR-2021-001180 adopted Resolution No. 24068 declaring its intention to set a public hearing in the vacation o f approximately 0.84-acres of Spencer Court , consisting of approximately 500 feet in length and 60 feet in width , situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace , within the City of Riverside, California, and fixing the time and place of hea ring all persons interested in the proposed vacation pursuant to the provisions of the Public Streets, Highways and Service Easements Vacation Law, being Sections 8300 et seq. of Part 3, Division 9 of the Streets and Highways Code of the State of California; and
WHEREAS, notice of hearing before the City Council on said resolution of intention was duly given as provided by said Public Streets, Highways, and Services Easements V acation Law; and
WHEREAS, said proposed vacation had been previously submitted to and considered by the Planning Commission of the City of R iverside at a du ly noticed public hearing held on October 13, 2022; and
WHEREAS, following the close of the public hearing before the Planning Commission, the Planning Commission determined that the proposed vacation should be approved; and WHEREAS, t he recommendations of the Planning Commission and the findings were submitted to the City Council for consideration together with the testimony, whether oral or in writing, presented at the public hearing before said City Council; and WHEREAS, the City Council heard and found and determined f rom all of the evidence submitted to said Council on the da y fixed for the hearing, on December 19, 2023, that the vacation of approximately 0.84-acres of Spencer Court, consisting of approxi mately 500 feet in
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
length and 60 feet in width , situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace , within the City of Riverside, proposed for vacation is unnecessary for present or prospective public use.
NOW, THEREFORE, IT I S RESOLVED, by the City Council of the City of Riverside, California, as follows:
Section 1: That the vacation of approximately 0.84-acres of Spencer Court, consisting of approximately 500 feet in length and 60 feet in width , situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, in Planning Case PR-2021-001180 is undertaken pursuant to the provisions of and in accordance with the procedures set forth in the Public Streets, Highways, and Services Easement s Vacation Law being Sectio ns 8300 et seq. of the Streets and Highway Code, and all notices required thereby have been duly given.
Section 2 :
That from all evidence submitted to the City Council at the December 19, 2023, public hearing before it on Planning Case PR-2021-001180, whether suc h evidence was oral or in writing, together with the recommendations and findings from the Planning Commission, and contained in this Resolution and accompanying staff report, that an approximately 0.84-acres of Spencer Court, consisting of approximately 500 feet in length and 60 feet in width, situated on the east side of Green Orcha rd Place between Lone Peak Court and Crystal View Terrace, within the City of Riverside, California, as hereinafter described and ordered vacated is unnecessary for present or prospective public use as a public street . The proposed vacation 1) will not be needed to provide access to the public. The subject is a cul -de- sac that currently provides access to nine parcels fronting the street. If vacated, the street will revert back to “Lot A” to be maintained by the Homeowners Association, as conditioned; wi ll continue to provide access to the adjacent parcels; and will not impact access to any other parcels; 2) is unnecessary for present or future public use. If vacated the street will revert back to Lot “A” and will be maintained by the Home owners Association, as conditioned, providing access to the residents within the cul -de-sac and emergency services only ; 3) will not alter the primary access to any of the existing lots and access will remain the same for all properties within the cul -de-sac and for the properties surrounding the cul -de-sac. The subject street will
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
remain as the only point of access for the parcels . No adjacent par cels will be impacted by the street vacation; and 4) will not impact access to any other parcel s. All other streets will remain in their current configurations, and the proposed vacation will not impact vehicular or pedestrian circulation.
Section 3: That the vacation of approximately 0.84-acres of Spencer Court, consisting of approximately 500 feet in length and 60 feet in w idth, situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace , within the City of Riversid e, California, and described and de picted in attached Exhibits “A” and “B”, and by this reference made a part hereof, be and the same is hereby ordered vacated.
Section 4 : That the public convenience and necessity requires the exception of the following easements and rights -of-way from the vacation hereinabove ordered: an easement for electrical energy , underground facilities including water pipelines, gas lines, storm drains, sanitary sewers, electrical ener gy, telephone, telegraph and communications struct ures, and the right of ingress a nd egress to construct, place, inspect, opera te, maintain, repair, replace and remove such underground facilities unless said facilities are satisfactorily relocated and/or abandoned, further, that the public conve nience and necessity require the exception and reservation from the vacation of those easements and rights -of-way in, under, across, upon, over and along that portion of the public street s ordered to be vacated neces sary to maintain, operate, remove or renew any in- place public utility facilities that are in use and not otherwise except ed and reserved hereinabove
Sect
ion 5: That the vacation, termination and abandonment of approximately 0.84- acres of Spencer Court, consisting of approximately 500 feet in length and 60 feet in width, situated on the east side of Green Orchard Place between Lone Peak Court and Crysta l View Terrace , described and depicted in Exhibits “A” and “B,” attached hereto and incorporated by this reference, shall occur only after the applicabl e conditions contained in the Planning Department’s report to the City Council and on file with the City Clerk, as approved or amended by the City Council, have been satisfied, and the City Clerk is hereby directed not to record this resolution of vacation until the applicable conditions have been satisfied.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
Section 6: That the City Clerk of the City of Riverside shall cause a certified copy of this resolution to be recorded in t he Office of th e County Recorder of the County of Riverside, California, upon t he satisfaction of the applicable conditions, and approximately 0.84- acres of Spencer Court, consisting of approximately 500 feet in length and 60 feet in width , situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, within the City of Riverside, California, and described and depicted in Exhibits “A” and “B,” attached hereto and incorporated by this reference, shall no longer constitute a public street from and after the date of recordation.
ADOPTED by the City Council this _______ day of _______________, 2024.
______________________________
P ATRICIA LOCK DAWSON
Mayor of the City of Riverside
__________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riversid e, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _________ day of _____________, 2024, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024.
_________________________
DONESIA GAUSE
City Clerk of the City of Riverside
\\Rc-citylaw\cycom\WPDOCS\D001\P036\00757702.DOC
CA: 23-1592
PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map