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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. 24111; AND
MAKING ITS ORDER VACATING APPROXIMATELY 11,390 SQUARE
FEET OF PUBLIC RIGHT -OF-WAY CONSISTING OF THE ENTIRETY OF SUNRISE PLACE.
WHEREAS, on May 14, 2024, the City Council of the City of Riverside in Planning Case No. SD-2024-00001, adopted Resolution No. 24111 declaring its intention to set a public hearing in the vacation of 11,390 square feet of public right -of-way consisting of the entirety of Sunrise Place, approximately 285 feet in length and 40 feet in width, within the City of Riverside, California, to accommodate a private driveway for the future residence located at 2485 Sunrise Place, and fixing the time and place of hearing 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 Vacation Law; and
WHEREAS, said proposed vacation had been previously submitted to and considered by the Planning Commission of the City of Riverside at a duly noticed public hearing held on April 11, 2024; 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, the 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 from all of the evidence submitted to said Council on the day fixed for the hearing, on June 18, 2024, that the vacation of approximately 11,390 square feet of public right -of-way consisting of the entirety of Sunrise
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
Place, approximately 285 feet in length and 40 feet in width, within the City of Riverside, California, proposed for vacation is unnecessary for present or prospective public use.
NOW, THEREFORE, IT IS RESOLVED, by the City Council of the City of Riverside, California, as follows:
Section 1: That the vacation of 11,390 square feet of public right -of-way consisting of the entirety of Sunrise Place, approximately 285 feet in length and 40 feet in width, in Planning Case SD-2024-00001 is undertaken pursuant to the provisions of and in accordance with the procedures set forth in the Public Streets, Highways, and Services Easements Vacation Law being Sections 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 June 18, 2024, public hearing before it on Planning Case SD -2024-00001, whether such 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 11,390 square feet of public right -of-way consisting of the entirety of Sunrise Place, approximately 285 feet in length and 40 feet in width, 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 street is a cul-de-sac that currently provides access to one residential parcel at 2485 Sunrise Place. If vacated, the street will be quitclaimed, and ownership transferred to the property owner of 2485 Sunrise Place to be incorporated into the total area of their parcel and used as a private driveway taking access from Knob Hill Road. Vacating Sunrise Place will not impact access to any other surrounding parcels as they do not use the street for vehicular or pedestrian access; 2) will not be necessary for present or future public use. The property owner will maintain the driveway as it will be used for private access only. The driveway will contain an easement to allow the City to maintain an existing waterline and an access easement to allow adjacent residences to maintain their rear yards; 3) The proposed street to be vacated will not alter the primary access to the existing residential parcel located at 2485 Sunrise. The subject street will be converted to a
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
private driveway for the residential parcel. No adjacent parcels will be impacted by the street vacation; and 4) The proposed vacation will not impact access to any other parcels. All other streets will remain in their current configuration, and the proposed vacation will not impact vehicular or pedestrian circulation.
Section 3: That the v acation of approximately 11,390 square feet of public right -of-way consisting of the entirety of Sunrise Place, approximately 285 feet in length and 40 feet in width, within the City of Riverside, California, and described and depicted 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 energy, telephone, telegraph and communications structures, and the right of ingress and egress to construct, place, inspect, operate, maintain, repair, replace and remove such underground facilities unless said facilities are satisfactorily relocated and/or abandoned, further, that the public convenience 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 necessary to maintain, operate, remove or renew any in- place public utility facilities that are in use and not otherwise excepted and reserved hereinabove
Section 5
: That the vacation, termination and abandonment of approximately 11,390 square feet of public right -of-way consisting of the entirety of Sunrise Place, approximately 285 feet in length and 40 feet in width, within the City of Riverside, California , described and depicted in Exhibits “A” and “B,” attached hereto and incorporated by this reference , shall occur only after the applicable 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 the Office of the County Recorder of the County of Riverside, California, upon the satisfaction of the applicable conditions, and approximately 11,390 square feet of public right -of-way consisting of the entirety of Sunrise Place, approximately 285 feet in length and 40 feet in width, within the City of Riverside, California, 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.
______________________________
PATRICIA 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 Riverside, 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\D017\P039\00817645.DOC
CA: 24-0476 05/17/24
EXHIBIT "B"