RESOLUTION NO. 2025-105
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AS SHOWN ON THE ATTACHED LEGAL DESCRIPTION ON LYTLE CREEK ROAD, IS EXEMPT SURPLUS LAND FOR PURPOSES STATED HEREIN, AND FINDING THAT SUCH DECLARATION AND AUTHORIZATION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Fontana (the “City”) is the owner of that certain real property described in Exhibit “A”, attached and incorporated herein, which is located on Lytle Creek Road in the City of Fontana (“Property”); and WHEREAS, the Property is currently an unused right-of-way with no through access, and the City desires to vacate the right-of-way and convey the Property to an adjacent land owner; and WHEREAS, upon vacating the right-of-way, the Property will be a former street, right-of-way, or easement, and may be subsequently conveyed to the owner of adjacent land; and WHEREAS, the City no longer has any use for the Property and it is not part of the City’s General Plan Community Mobility and Circulation Element; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and WHEREAS, the Property is “surplus land” under the Act, because it is land owned by the City for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the Agency’s use; and WHEREAS, the Act exempts certain surplus land from its requirements, including (i) “land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property” (Government Code section 54221(f)(1)(E)); and WHEREAS, Government Code section 54221(f)(1)(E) will apply to the Property at the time of the exchange, contingent on the occurrence of vacation of that portion of Lytle Creek Road.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, California, as follows:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby declares that (i) the Property is surplus land and not necessary for the City’s use, and (ii) the Property will be exempt from the Act pursuant to section 54221(f)(1)(E) for purpose of conveyance to the adjacent property owner. The bases for this declaration are the findings that:
The City will conduct a vacation of that portion of Lytle Creek Road prior to the conveyance; The Property is being conveyed to the property owner of the land that is contiguous and adjacent to the Property, and Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Agency staff has determined that the designation of this property is exempt from further environmental review on the basis that any use of the Property has already been reviewed and approved pursuant to a certified Supplemental Environmental Impact Report (“SEIR”) under the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. (“CEQA”), on July 26, 2022.
Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 28th day of January 2025.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 28th day of January 2025, by the following to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
EXHIBIT A
LEGAL DESCRIPTION
LYTLE CREEK ROAD VACATION
THAT CERTAIN PORTION OF LYTLE CREEK ROAD IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED PER RELINQUISHMENT RECORDED FEBRUARY 5, 1979 IN BOOK 9615 PAGES 1084 AND 1085 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 20327 IN BOOK 258 PAGES 37 THROUGH 40, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID SECTION 24 AS SHOWN PER SAID PARCEL MAP SOUTH 89°21'51" WEST 1475.62 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 4477 RECORDED MARCH 17 1975 IN BOOK 8636 PAGE 3 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE OF PARCEL 4477, SOUTH 00°38'03" EAST, 15.97 FEET AND SOUTH 53°47'30" WEST, 24.11 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET SOUTH FROM SAID NORTH LINE OF SECTION 24, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE AS DESCRIBED IN SAID PARCEL 4477 AND AS DESCRIBED IN PARCEL 4423-1 RECORDED SEPTEMBER 10, 1976 IN BOOK 9009 PAGE 656 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THROUGH THE FOLLOWING COURSES:
SOUTH 53°47'30" WEST 23.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,033.11 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 56°54'22" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, 594.11 FEET, THROUGH A CENTRAL ANGLE OF 32°56'56"; THENCE SOUTH 66°02'34" WEST, 424.13 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,967.33 FEET;
EXHIBIT A
LEGAL DESCRIPTION
LYTLE CREEK ROAD VACATION
THE ABOVE DESCRIBED PARCEL CONTAINS 57,731 SQUARE FEET OR 1.325 ACRES, MORE OR LESS.
AS SHOWN ON PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
KURT R. TROXELL, P.L.S. 7854 DATE PREPARED: 8/29/2023
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Resolution No. 2025-105