1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
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. 24212; AND
MAKING ITS ORDER VACATING PORTIONS OF COMMERCE
STREET AND THIRD STREET, SITUATED BETWEEN MISSION INN
AVENUE AND THIRD STREET TO A PORTION NORTH OF THIRD
STREET.
WHEREAS, on January 28, 2025, the City Council of the City of Riverside in Planning Case No. SD-2024-00017 adopted Resolution No. 24212 declaring its intention to set a public hearing in the vacation o f portions of public right -of-way consisting of an approximately 8,580- square foot section of Commerce Street, 66 -feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241- square foot section of Third Street, approximately 80- feet wide, ranging in length approximately 12-to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888- square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street , within the City of Riverside, California , 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 December 19, 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
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
submitted to the City Council for consideration together with the testimony, whether oral or in writing, presented at the in-person 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 in-person public hearing, on January 28, 2025, that the vacation of portions of public right -of-way consisting of an approximately 8,580-square foot section of Commerce Street, 66 -feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241- square foot section of Third Street, approximately 80- feet wide, ranging in length approximately 12- to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888- square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street , within the City of Riverside, 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 portions of public right -of-way consisting of an approximately 8,580- square foot section of Commerce Street, 66 -feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241-square foot section of Third Street, approximately 80-feet wide, ranging in length approximately 12- to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888-square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street, in Planning C ase SD-2024-00017 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: T
hat from all evidence submitted to the City Council at the January 28, 2025, public hearing before it on Planning Case SD -2024-00017, whether such evidence was oral or in writing, together with the recommendations and findings from the Planning Commission and this
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
resolution and staff report , that portions of public right -of-way consisting of an approximately 8,580-square foot section of Commerce Street, 66-feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241- square foot section of Third Street, approximately 80- feet wide, ranging in length approximately 12- to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888- square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street , within the City of Riverside, California, as hereinafter described and ordered vacated is unnecessary for present or prospective public use as a public street. Specifically, the Street Vacation: 1) will not impact access to surrounding parcels, as the proposal retains access from Commerce Street, Third Street or Fourth Street to existing businesses and parcels; 2) the portions of right -of-way noted above, and the construction of the grade separation, will improve pedestrian and vehicular circulation in the immediate area ; 3) is unnecessary for present or future public use. If vacated, the street will be quitclaimed and transferred to Riverside County Transportation Commission (RCTC) and to the BNSF to accommodate the realignment of the railroad and bridge ; and 4) will not alter the primary access to adjacent businesses or to the general public. The street vacation is necessary to implement the Third Street Grade Separation project which will improve vehicular and pedestrian circulation in the area.
Section 3: That the v acation of portions of public right -of-way consisting of an approximately 8,580- square foot section of Commerce Street, 66 -feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241-square foot section of Third Street, approximately 80-feet wide, ranging in length approximately 12- to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888-square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street, located south of Vasquez Place , within the City of Riverside, California, and described and depicted in Exhibit “A” and by this reference made a part hereof, be and the same is hereby ordered vacated.
4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
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 portions of public right-of- way consisting of an approximately 8,580- square foot section of Commerce Street, 66 -feet wide and 130 feet in length, situated north of Third Street, an approximately 1,241- square foot section of Third Street, approximately 80- feet wide, ranging in length approximately 12- to 20- feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888- square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street , described and depicted in Exhibit “A” 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.
Section 6
: That the City Clerk of the City of Riverside shall assign a deed number and 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 the portions of public right -of-way consisting of an approximately 8,580- square foot section of Commerce Street, 66 -feet wide and 130 feet in length, situated north of Third Street, an
5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
STE. 250
RIVERSIDE, CA 92502
(951) 826-5567
approximately 1,241-square foot section of Third Street, approximately 80 -feet wide, ranging in length approximately 12-to 20-feet, situated on the north side of the Third Street and Commerce Street intersection, and an approximately 52,888-square foot portion of Commerce Street ranging in width from approximately 26 to 68- feet wide, situated along the west side of Commerce Street, extending from Mission Inn Avenue to Fourth Street , within the City of Riverside, California, and described and depicted in Exhibit “A” shall no longer constitute a public street from and after the date of recordation.
ADOPTED by the City Council this _______ day of _______________, 2025.
______________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
__________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, Interim 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 _____________, 2025, 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 ______________, 2025.
_________________________
DONESIA GAUSE
City Clerk of the City of Riverside
\\Rc-citylaw\cycom\WPDOCS\D019\P043\00902482.DOC
24-2124 TAT 02/03/25
Commerce St Vacation - City to RCTC
EXHIBIT “A”
LEGAL DESCRIPTION
Commerce St Vacation
That certain real property located in the City of Riverside, County of Riverside, State of California, described as follows:
PARCEL 1
That portion of Commerce Street (formerly Olive Street) adjoining Block 2, Range 1 of the Map of the Town of Riverside, as shown by Map, filed in Book 7, Page 17 of Maps, Records of San Bernardino County, California, described as follows:
COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;
Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;
Thence North 60°14’03” West, along the centerline of said 3rd Street, a distance of 93.69 feet;
Thence North 29°45’57” East, a distance of 33.00 feet to the Northeasterly line of 3rd Street;
Thence North 34°46’52” East, a distance of 37.14 feet to a line parallel with and distant 70.00 feet Northeasterly, measured at right angles from the centerline of said 3rd Street;
Thence North 60°14’03” West along said parallel line, a distance of 19.97 feet to the Southeasterly line of Commerce Street (formerly Olive Street), being the POINT OF BEGINNING of the parcel of land to be described;
Thence North 29°44’37” East, along said Southeasterly line of Commerce Street (formerly Olive Street), a distance of 130.00 feet to a line parallel with and distant 200.00 feet Northeasterly, measured at right angles from the centerline of said 3rd Street;
Thence North 60°14’03” West along said parallel line, a distance of 66.00 feet to the Northwesterly line of Commerce Street (formerly Olive Street);
Thence South 29°44’37” West, along said Northwesterly line of Commerce Street (formerly Olive Street), a distance of 130.00 feet to
a line parallel with and distant 70.00 feet Northeasterly, measured at right angles from the centerline of said 3rd Street;
Thence South 60°14’03” East, along said parallel line, a distance of 66.00 feet to the POINT OF
BEGINNING.
Area – 8,580 S.F. more or less
Commerce St Vacation - City to RCTC
PARCEL 2
That portion of 3rd Street of White’s Addition to Riverside, as shown by Map on file in Book 6, Page 48 of Maps, Records of San Bernardino County, California and described to the City of Riverside in Quitclaim Deed recorded May 2, 1927, in Book 716 of Deeds, at Page 136, et seq., Records of Riverside County, California, lying in Section 24, Township 2 South, Range 5 West, San Bernardino Meridian, described as follows:
COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;
Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;
Thence North 60°14’03” West, along the centerline of said 3rd Street, a distance of 93.69 feet;
Thence North 29°45’57” East, a distance of 33.00 feet to the Northeasterly line of 3rd Street , being the POINT OF BEGINNING of the parcel of land to be described;
Thence South 60°14’03” East, along said Northeasterly line, a distance of 79.30 feet;
Thence South 34°46’53” West, a distance of 19.17 feet;
Thence North 55°13’08” West, a distance of 79.00 feet;
Thence North 34°46’52” East, a distance of 12.24 feet to the POINT OF BEGINNING.
Area – 1,241 S.F. more or less
PARCEL 3
That portion of Commerce Street (formerly Pachappa Avenue) of White’s Addition to Riverside, as shown by Map on file in Book 6, Page 48 of Maps, Records of San Bernardino County, California and that portion of Commerce Street as described in that certain easement for street purposes granted to the City of Riverside by document recorded October 27, 1941, in Book 516, Page 578 et. seq., of Official Records of Riverside County, California, lying in Sections 23 and 24, Township 2 South, Range 5 West, San Bernardino Meridian, described as follows:
COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;
Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;
Thence North 60°14’03” West, along the centerline of said 3rd Street, a distance of 110.00 feet to the Northeasterly prolongation of the Southeasterly line of Olive Street (now vacated) as shown by map of the Town of Riverside, filed in Book 7, Page 17 of Maps, Records of San Bernardino County, California;
Thence South 29°44’39” West, along said Northeasterly prolongation and said Southeasterly line of Olive Street (now vacated), a distance of 120.00 feet;
Commerce St Vacation - City to RCTC
Thence South 60°14’03” East, a distance of 2.85 feet;
Thence North 34°46’52” East, a distance of 39.35 feet;
Thence South 55°13’08” East, a distance of 65.95 feet to the Northwesterly line of Commerce Street as described in said easement;
Thence South 29°45’00” West, along said Northwesterly line, a distance of 69.00 feet to the POINT OF BEGINNING of the parcel of land to be described;
Thence North 34°46’52” East, a distance of 48.73 feet;
Thence North 70°43’24” East, a distance of 24.70 feet to the Southeasterly prolongation of a course which bears South 55°13’08” East, a distance of 65.95 feet described above;
Thence South 55°13’08” East, along said Southeasterly prolongation, a distance of 47.71 feet to Southeasterly line of said Commerce Street (formerly Pachappa Avenue);
Thence South 29°45’00” West, along said Southeasterly line, a distance of 221.84 feet;
Thence North 60°12’37” West, a distance of 14.00 feet;
Thence South 36°42’56” West, a distance of 83.18 feet;
Thence on a curve concave Southeasterly, having a radius of 3776.72 feet, through an angle of 01⁰22’17”, an arc length of 90.41 feet to a line parallel with and 4 .00 feet Northwesterly, measured at right angles from the centerline of said Commerce Street (formerly Pachappa Avenue);
Thence South 29°44’10” West, along said parallel line, a distance of 294.40 feet;
Thence on a non- tangent curve concave Southeasterly, having a radius of 67.50 feet, through an angle of 11⁰04’00”, an arc length of 13.04 feet (the initial radial line bears North 16⁰48’35” West) to a line parallel with and 12.00 feet Northwesterly, measured at right angles from the centerline of said Commerce Street (formerly Pachappa Avenue);
Thence South 29°44’10” West, along said parallel line, a distance of 400.17 feet;
Thence South 29°45’20” West, continuing along said parallel line, a distance of 353.27 feet;
Thence South 89°47’34” West, a distance of 19.13 feet to the Northerly line of Mission Inn Avenue (formerly 7th Street) as shown on said Record of Survey;
Thence North 60°12’26” West, along said Northerly line, a distance of 9.42 feet to the Northwesterly line of Commerce Street (formerly Pachappa Avenue) as described in said easement;
Thence the following four (4) courses along the Northwesterly line of said Commerce Street (formerly Pachappa Avenue);
Commerce St Vacation - City to RCTC
North 29°45’20” East, a distance of 362.82 feet;
North 29°44’10” East, a distance of 396.74 feet;
North 29°44’10” East, a distance of 397.38 feet;
North 29°45’00” East, a distance of 241.97 feet to the POINT OF BEGINNING.
Area – 52,535 S.F. more or less
PARCEL 4
That portion of Commerce Street (formerly Pachappa Avenue) of White’s Addition to Riverside, as shown by Map on file in Book 6, Page 48 of Maps, Records of San Bernardino County, California and that portion of Commerce Street as described in that certain easement for street purposes granted to the City of Riverside by document recorded October 27, 1941, in Book 516, Page 578 et. seq., of Official Records of Riverside County, California, lying in Section 24, Township 2 South, Range 5 West, San Bernardino Meridian, described as follows:
COMMENCING at the centerline intersection of Vine Street and 3rd Street as shown on Record of Survey on file in Book 134 at Page 47 thereof, Records of Riverside County, California;
Thence South 60°14’03” East, along the centerline of said 3rd Street, a distance of 541.03 feet to the centerline of Commerce Street (formerly Pachappa Avenue) as shown on said Record of Survey;
Thence North 60°14’03” West, along the centerline of said 3rd Street, a distance of 110.00 feet to the Northeasterly prolongation of the Southeasterly line of Olive Street (now vacated) as shown by map of the Town of Riverside, filed in Book 7, Page 17 of Maps, Records of San Bernardino County, California;
Thence South 29°44’39” West, along said Northeasterly prolongation and said Southeasterly line of Olive Street (now vacated), a distance of 120.00 feet;
Thence South 60°14’03” East, a distance of 2.85 feet;
Thence North 34°46’52” East, a distance of 39.35 feet;
Thence South 55°13’08” East, a distance of 65.95 feet to the Northwesterly line of Commerce Street as described in said easement, being the POINT OF BEGINNING of the parcel of land to be described;
Thence South 29°45’00” West, along said Northwesterly line, a distance of 69.00 feet;
Thence North 34°46’52” East, a distance of 48.73 feet;
Commerce St Vacation - City to RCTC
This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyors Act.
By:
Eswin O. Vega, P.L.S. 9164 Date
Thence North 70°43’24” East, a distance of 24.70 feet to the Southeasterly prolongation of a course which bears South 55°13’08” East, a distance of 65.95 feet described above;
Thence North 55°13’08” West , along said Southeasterly prolongation, a distance of 20.55 feet to the POINT OF BEGINNING.
Area – 353 S.F. more or less