Agenda packet — Rancho Cucamonga City Council, January 19, 2022 (part 4 of 5)

Resolution No. 2022-010 - Page 3 of 9

service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation.

B. The Project will reduce vehicle and truck delays, improve safety and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Additionally, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road. Anticipating the future growth of th e SCRRA/BNSF corridor, the City’s General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interest for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing.

D. The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of several permanent easements and temporary construction easements over portions of 10 larger parcels, as well as fee interests in two parcels owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owner of the Subject Property Interest to minimize the impact of the Project on the parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interest.

SECTION 6.

A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the SCG of DP Etiwanda Parcel, the approximate 8,073 square foot temporary construction easement the City seeks to acquire for a period of 18 months for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto.

B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on October 26, 2021 to SCG of DP Etiwanda LLC, the owner of record. The fair market value appraisal used a date of value of October 14, 2021.

C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis, including severance damages. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil

Page 311 ends

Resolution No. 2022-010 - Page 4 of 9

Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 8,073 square foot temporary construction easement area.

SECTION 7. The City provided written notice to the owner of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.

SECTION 8. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of- way area. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interest described more particularly in Exhibit “A” and depicted on Exhibit “B” hereto, is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property Interest the City seeks to acquire.

SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owner and or the owner’s representative(s). These documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice of Exemption for the Project.

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Resolution No. 2022-010 - Page 5 of 9

SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.

________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:

Janice C. Reynolds, City Clerk
City of Rancho Cucamonga

APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2022-010, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California

Page 313 ends

EXHIBIT A EXHIBIT A
Resolution No. 2022-010 - Page 6 of 9

Page 314 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-16 / SCG/DP Etiwanda, LLC
Temporary Construction Easement

Page 1 of 1 ends

That portion of Parcel A of Lot Line Adjustment No. LLA 2018-00009, in the City of Rancho Cucamonga, County of San Bernardino, State of California, described in the Certificate of Compliance recorded August 29, 2018 as Document No. 2018-0318431 of Official Records of said County, described as follows:

Commencing at the northeast corner of said Parcel A as shown on Record of Survey 19-0109, filed in Book 168, Pages 53 through 63 of Records of Survey, being a point on the west right of way of Etiwanda Avenue, sixty (60) foot half-width, as described in the Grant of Easement recorded February 10, 1971 in Book 7607, Page 364 of Official Records of said County;
Thence, along said right of way, South 0Y07'00" West, a distance of 189.78 feet to a point on the line common to said Parcel A and the land described in the Grant Deed recorded October 27, 1977 in Book 9293, Page 615 of Official Records as shown on said Record of Survey, said point being the True Point Of Beginning; Thence 15t, along said common line North 89)16'06" West, a distance of 110.64 feet; Thence 2 nd, leaving said common line North 0Y07'00" East, a distance of 72.17 feet; Thence 3rd, North 89Y53'39" East, a distance of 110.64 feet to said west right of way of Etiwanda Avenue; Thence 4 th, along said west right of way, South 0Y07'00" West, a distance of 73.78 feet to the True Point of Beginning.

Containing 8,073 square feet, more or less.

Notes
The above legal description is based on the dimensions, information, and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys. ( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.

This descripti
Surveyors Act.

Justin P. Height, LS 6167
Job No. 0618-00016
SCG / DP Etiwanda, LLC
repared by me, or under my direction, in conformance with the Professional Land 10-04-2021
Date
:••••• GUIDA • • ••• • • SURVEYING INC.

Exhibit A
Legal Description
E
tiwanda Grade Separation Project
APN 229-131-16 / DP Etiwanda
Temporary Construction Easement

Page 1 of 1 ends

Job No. 0618-00016
DP Etiwanda TCE.docx
10-04-2021
Th
at portion of Parcel A of Lot Line Adjustment No. LLA 2018-00009, in the City of Rancho Cucamonga, County of San Bernardino, State of California, described in the Certificate of Compliance recorded August 29, 2018 as Document No. 2018-0318431 of Official Records of said County, described as follows:

Commencing at the northeast corner of said Parcel A as shown on Record of Survey 19-0109, filed in Book 168, Pages 53 through 63 of Records of Survey, being a point on the west right of way of Etiwanda Avenue, sixty (60) foot half-width, as described in the Grant of Easement recorded February 10, 1971 in Book 7607, Page 364 of Official Records of said County;
Thence, along said right of way, South 0°07’00” West, a distance of 189.78 feet to a point on the line common to said Parcel A and the land described in the Grant Deed recorded October 27, 1977 in Book 9293, Page 615 of Official Records as shown on said Record of Survey, said point being the True Point Of Beginning; Thence 1st, along said common line North 89°16’ 06” West, a distance of 110.64 feet; Thence 2nd, leaving said common line North 0°07' 00" East, a distance of 72.17 feet; Thence 3rd, North 89°53' 39" East, a distance of 110.64 feet to said west right of way of Etiwanda Avenue; Thence 4th, along said west right of way, South 0° 07' 00" West, a distance of 73.78 feet to the True Point of Beginning.

Containing 8,073 square feet, more or less.

Notes
• The above legal description is based on the dimensions, information, and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys. • Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.

This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Job No. 0618-00016
SCG / DP Etiwanda, LLC
APN 229-131-16 / SCG/DP Etiwanda, LLC
Resolution No. 2022-010 - Page 7 of 9

Page 315 ends

EXHIBIT B EXHIBIT B
Resolution No. 2022-010 - Page 8 of 9

Page 316 ends

NOTES

PLAT MAP IS BASED ON THE INFORMATION AND

LAND REFERENCES SHOWN ON RECORD OF
SURVEY 19-0109 FILED IN BOOK 168, PAGES
53 THROUGH 63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE REFERENCED TO
THE CALIFORNIA COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH 2017.50. TO

OBTAIN GROUND LEVEL DISTANCES, MULTIPLY
GRID DISTANCES BY 1.000060364.

POINT OF COMMENCEMENT

NW CORNER OF PARCEL A

WEST ROW LI IWANDA AVE
PER 7607 OR 364
TEMP. CONST. EASEMENT
8,073 SQ. FT.

Pilf .DEL A
LLA 2019— 0 0 0 0 9
000 NO 2019-0319431 Jr''

COURSE TABLE
L1 SO°07'00''W 189.78' [TIE]
L2 N89°16'06”W 110.64'
L3 NO°07'00”E 72.17'
L4 N89°53'39”E 110.64'
L5 SO°07'00''W 73.78'
MENU MENU MENU MENEEN MENEEN MENNEN SURVEYING INC.

TRUE POINT

OF BEGINNING
9293 0 ., R ., 615
BCC NC 2009-001 1123

SBCTA RAIL CORRIDOR

THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY 3T ECTION, IN CONFORMANCE WITH
THE F \ SI NAL LAND SURVEYORS ACT.
1 0 — 0 4 — 2 0 21
Job No. 0618-00016 JUSTIN P. HEIG T, PLS 6167 DATE
SCALE: 1"=100'
50'
60'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-16 / SCG/DP Etiwanda, LLC
Temporary Construction Easement

Page 1 of 1 ends

ETIWANDA AVENUE
APN 229-131-16 / SCG/DP Etiwanda, LLC
Resolution No. 2022-010 - Page 9 of 9
 
 

Page 317 ends

Resolution No. 2022-011 - Page 1 of 10
RESOLUTION NO. 2022-011

A RE SOL

UTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE

SEPARATION PROJECT (TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-162-15)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).

The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four-lane grade separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians.

All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference; and WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).

City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.

Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad grade separation project which eliminates and existing grade crossing or reconstructs an existing grade separation. The City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning and Research and the County clerk as specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was filed with the Office of Planning and Research and with the County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements; and WHEREAS, in connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. T hese environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

ATTACHMENT 4

Page 318 ends

Resolution No. 2022-011 - Page 2 of 10

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows:

SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-011, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Pr oject (A temporary construction easement on a portion of APN 0229-162-15).

SECTION 2. The City seeks to acquire by eminent domain the real property interest described below in Section 3 of this Resolution for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 5,011 square foot temporary construction easement with a term of 18 months (“Subject Property Interest”) over a portion of the real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and identified as San Bernardino County Tax Assessor’s Parcel Number 0229-162-15 (“Jones, Garness, & Clemons Parcel”) in connection with the Project. The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

SECTION 4. The environmental effects of the acquisition of the Subject Property Interest were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis.

These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

SECTION 5. The Project, as planned and designed, is in the public interest and necessity and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as more fully explained below:

Page 319 ends

Resolution No. 2022-011 - Page 3 of 10

SECTION 6.

A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Jones, Garness & Clemons Parcel, the approximate 5,011 square foot temporary construction easement the City seeks to acquire for a period of 18 months for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto.

B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on October 26, 2021 to the trustees of the Jones Family Trust, the Garness Family Trust, and the Clemons Revocable Trust, the owners of record. The fair market value appraisal used a date of value of October 14, 2021.

Page 320 ends

Resolution No. 2022-011 - Page 4 of 10

market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owners the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 5,011 square foot temporary construction easement area.

SECTION 7. The City provided written notice to the owners of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.

Page 321 ends

Resolution No. 2022-011 - Page 5 of 10

temporary construction easement for a period of 18 months for the Project. The Subject Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.

SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of January, 2022. ________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:

Janice C. Reynolds, City Clerk
City of Rancho Cucamonga

APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2022-011, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California

Page 322 ends

EXHIBIT A EXHIBIT A
Resolution No. 2022-011 - Page 6 of 10

Page 323 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement

Page 1 of 1 ends

That portion of Parcel B, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 269 for Lot Line Adjustment, recorded February 18, 1988 as Document No. 88-048704 of Official Records, records of said County, described as follows:

Beginning at the intersection of the north line of said Parcel B with the east line of Etiwanda Avenue, fifty (50) foot half-width, as described in the Easement Deed recorded February 16, 1988 as Document No. 88-046978 of Official Records of said County, as both are shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence 15t, along the north line of said Parcel B, S 89)36'54" E, a distance of 402.05 feet; Thence 2 nd, leaving said north line, S 00)23'06" W, a distance of 10.00 feet to a line parallel with, and lying

10.00 feet south of, said north line of Parcel B;
Thence 3 rd, along said parallel line, N 89Y36'54" W, distance of 392.00 feet to a line parallel with, and lying

10.00 feet east of, said east line of Etiwanda Avenue;
Thence 4 th, along last said parallel line, S 00Y07'00" W, distance of 99.06 feet; Thence 5 th, leaving last said parallel line, N 89)33'00" W, a distance of 10.00 feet to said east line of Etiwanda Avenue;
Thence 6 th, along said east line, N 00Y07'00" E, a distance of 109.11 feet to the Point of Beginning.

Containing 5,011 square feet, more or less.

This descripti n repared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Jones-Strack TCE.docx
:••••• GUIDA • • ••• • • SURVEYING INC.

Exhibit A
Legal Description
E
tiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement

Page 1 of 1 ends

Job No. 0618-00016
Jones-Strack TCE.docx
10-04-2021
That portion of Parcel B, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 269 for Lot Line Adjustment, recorded February 18, 1988 as Document No. 88-048704 of Official Records, records of said County, described as follows:

Beginning at the intersection of the north line of said Parcel B with the east line of Etiwanda Avenue, fifty (50) foot half-width, as described in the Easement Deed recorded February 16, 1988 as Document No. 88-046978 of Official Records of said County, as both are shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence 1st, along the north line of said Parcel B, S 89°36’ 54” E, a distance of 402.05 feet;
Thence 2nd, leaving said north line, S 00°23’ 06” W, a distance of 10.00 feet to a line parallel with, and lying

10.00 feet south of, said north line of Parcel B;
Thence 3rd, along said parallel line, N 89°36’ 54” W, distance of 392.00 feet to a line parallel with, and lying

10.00 feet east of, said east line of Etiwanda Avenue;
Thence 4th, along last said parallel line, S 00°07’
00” W, distance of 99.06 feet;
Thence 5th, leaving last said parallel line, N 89°5 3’00” W, a distance of 10.00 feet to said east line of Etiwanda Avenue;
Thence 6th, along said east line, N 00°07’
00” E, a distance of 109.11 feet to the Point of Beginning.

Containing 5,011 square feet, more or less.

Page 324 ends

EXHIBIT B EXHIBIT B
Resolution No. 2022-011 - Page 8 of 10

Page 325 ends

w
::>
z
w
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�- ;j: WHITTRAM _AVENUE

I / ----
�
50'
P J-\R C.EL J-\
DOC NOJ 2b9 FOR LLJ-\
DOCJ NOJ 88�048704 OR
POB

NORTH LINE OF PARCEL B
COC NO. 269 FOR LLA
DOC. NO. 88-048704 OR
TEMP. CONST. EASEMENT
5,011 SQ. FT. 1-w (SEE PAG E 2)
PJ-\RC.EL 8
NOTES

PLAT MAP IS BASED ON THE

INFORMATION AND LAND REFERENCES

SHOWN ON RECORD OF SURVEY
19-0109 FILED IN BOOK 168, PAGES
53 THROUGH 63 OF RECORD OF
SURVEYS.

BEARINGS AND DISTANCES ARE

REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5 GRID,
NAD83(2011) CSRS EPOCH 2017.50.

TO OBTAIN GROUND LEVEL DISTANCES,

MULTIPLY GRID DISTANCES BY
1 .000060364.

DOC NOJ 2b9 FOR LLJ-\
DOCJ NOJ 88�048704 OR SCALE: 1 "= 100'
cjr1
I..________

EAST LINE OF ETIWANDA AVE
50' �PER EASEMENT DEED
DOC. NO. 88-046978 OR

SBCTA RAIL CORRIDOR
�
GUIDA

THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY Dl�!ION, IN CONFORMANCE WITH
THE P�°{��\1�f LAND SURVEYORS ACT.
_____ SURVEYING INC. 10-04-2021
Job No.
0618-00016 Jones-Strack TCE.dwg �PLS 6167 DATE
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement

Page 1 of 2 ends

Resolution No. 2022-011 - Page 6 of 10 Resolution No. 2022-011 - Page 6 of 10 Resolution No. 2022-011 - Page 9 of 10
 
 

Page 326 ends

POB
w
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<( 0
3,:

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w
0 0
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----l �10.00'
-----
\_
N89"53"00"W

10.00'
GUIDA
SURVEYING INC.

EAST LINE OF ETIWANDA AVE

PER EASEMENT DEED
DOC. NO. 88-046978 OR

10.00'
PARC.EL 8
CDC N0a 2b9 FOR LLA
D0Ca N0a 88�048704 OR
Job No. 0618-00016 Jones-Strack TCE.dwg SCALE: 1 "=50'

NORTH LINE OF PARCEL B
COC NO. 269 FOR LLA
DOC. NO. 88-048704 OR

TEMPORARY

CONSTRUCTION

EASEMENT
5,011 SQ. FT.
soo·23•05••
w)

10.00'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement

Page 2 of 2 ends

Resolution No. 2022-011 - Page 10 of 10
 
 

Page 327 ends

Resolution No. 2022-012 - Page 1 of 12
RESOLUTION NO. 2022-012
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE

SEPARATION PROJECT (TWO TEMPORARY CONSTRUCTION EASEMENTS OVER A PORTION OF APNS 0229-131-30 & 31)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).

City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.

ATTACHMENT 5

Page 328 ends

Resolution No. 2022-012 - Page 2 of 12

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows:

SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-012, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Two temporary construction easements on portions of APNs 0229-131-30 & 31).

SECTION 3. The City seeks to acquire two temporary construction easements, each with a term of 30 months, consisting of approxim ately 1,254 square feet and approximately 4,024 square feet over portions of the real property located at 12521 Arrow Route and 8688 Etiwanda Avenue, Rancho Cucamonga, California, and further identified as San Bernardino County Tax Assessor’s Parcel Numbers 0229-131-30 and 0229-131-31 in connection with the Project. The two easements are collectively referred to herein as “Subject Property Interest,” and APNs 0229- 131-30 & 31 are collectively referred to herein as “Goodman Rancho Parcel.” The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

Page 329 ends

Resolution No. 2022-012 - Page 3 of 12

northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation.

SECTION 6.

A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Goodman Rancho Parcel, the approximate 1,254 square foot and 4,024 square foot temporary construction easements the City seeks to acquire for a period of 30 months for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto.

B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on October 26, 2021 to Goodman Rancho SPE LLC, the owner of record. The fair market value appraisal used a date of value of October 14, 2021.

Page 330 ends

Resolution No. 2022-012 - Page 4 of 12

appraiser’s valuation analysis, including severance damages. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 1,254 square foot and 4,024 square foot temporary construction easement areas.

Page 331 ends

Resolution No. 2022-012 - Page 5 of 12

4,024 temporary construction easements for a period of 30 months for the Project. The Subject Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.

SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.

________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga

ATTEST:

Janice C. Reynolds, City Clerk
City of Rancho Cucamonga

APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2022-012, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California

Page 332 ends

EXHIBIT A EXHIBIT A
Resolution No. 2022-012 - Page 6 of 12

Page 333 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements

Page 1 of 2 ends

Those portions of Parcel 2 of Parcel Map No. 19448, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as shown on the map filed in Book 242, Pages 56 through 60 of Parcel Maps, records of said County, described as follows:

TCE1
Commencing at the southeast corner of the temporary construction easement described in the grant of temporary construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County, being a point on the west right of way of Etiwanda Avenue, fifty (50) foot half-width, as described in the Grant of Easement recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County; Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2, South 89Y53'57" West, a distance of 141.60 feet to the southwest corner of said temporary construction easement;
Thence, along the west line of said temporary construction easement, North 00107'00" East, a distance of 43.60 feet to the True Point of Beginning, being the beginning of a non-tangent curve to the right, concave northerly, the radial center of which bears North 16107'54" West, a distance of 475.00 feet; Thence 15t, leaving said west line, westerly along said curve, through a central angle of 01)37'48", an arc distance of 16.28 feet;
Thence 2 nd, North 13115'08" West, distance of 53.26 feet to the beginning of a non-tangent curve to the left, concave northerly, the radial center of which bears North 111219'58" West, a distance of 175.00 feet; Thence 3 rd, easterly along said curve, through a central angle of 07107'02", an arc distance of 21.74 feet; Thence 4 th, North 00)36'05" West, distance of 8.00 feet; Thence 5 th, South 89Y54'08" East, distance of 7.18 feet to the west line of said temporary construction easement;
Thence 6 th, along said west line, South 00107'00" West, distance of 61.34 feet to the True Point of Beginning.

Containing 1,254 square feet, more or less.

TCE2
Commencing at the southeast corner of the temporary construction easement described in the grant of temporary construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County, being a point on the west right of way of Etiwanda Avenue, 50 feet wide, as described in the Grant of Easement recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County; Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2, South 89Y53'57" West, a distance of 141.60 feet to the southwest corner of said temporary construction easement;
Job No. 0618-00016
Goodman TCE.docx
:••••• GUIDA • • ••• • • ...... SURVEYING INC.

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements

Page 1 of 2 ends

Job No. 0618-00016
Goodman TCE.docx
Those portions of Parcel 2 of Parcel Map No. 19448, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as shown on the map filed in Book 242, Pages 56 through 60 of Parcel Maps, records of said County, described as follows:

TCE1
C
ommencing at the southeast corner of the temporary construction easement described in the grant of temporary construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County, being a point on the west right of way of Etiwanda Avenue, fifty (50) foot half-width, as described in the Grant of Easement recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County; Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2, South 89°53’57” West, a distance of 141.60 feet to the southwest corner of said temporary construction easement;
Thence, along the west line of said temporary construction easement, North 00 °07’00” East, a distance of 43.60 f
eet to the True Point of Beginning, being the beginning of a non-tangent curve to the right, concave northerly, the radial center of which bears North 16°07'54" West, a distance of 475.00 feet; Thence 1st, leaving said west line, westerly along said curve, through a central angle of 01° 57’48”, an arc distance of 16.28 feet;
Thence 2nd, North 13°15'08" West, distance of 53.26 feet to the beginning of a non-tangent curve to the left, concave northerly, the radial center of which bears North 11 °49'58" West, a distance of 175.00 feet; Thence 3rd, easterly along said curve, through a central angle of 07° 07’02”, an arc distance of 21.74 feet; Thence 4th, North 00°36'05" West, distance of 8.00 feet; Thence 5th, South 89°54'08" East, distance of 7.18 feet to the west line of said temporary construction easement;
Thence 6th, along said west line, South 00°07'00" West, distance of 61.34 feet to the True Point of Beginning.

Containing 1,254 square feet, more or less.

TCE2
C
ommencing at the southeast corner of the temporary construction easement described in the grant of temporary construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County, being a point on the west right of way of Etiwanda Avenue, 50 feet wide, as described in the Grant of Easement recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County; Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2, South 89°53’57” West, a distance of 141.60 feet to the southwest corner of said temporary construction easement;
Resolution No. 2022-012 - Page 7 of 12

Page 334 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements

Page 2 of 2 ends

Thence, along the west line of said temporary construction easement, North 00107'00" East, a distance of 170.90 feet to the northwest corner of said temporary construction easement, being the True Point of Beginning; Thence 15t, along the northerly prolongation of last said west line, North 00107'00" East, a distance of 2.14 feet;
Thence 2 nd, North 89133'57" East, distance of 74.61 feet; Thence 3rd, North 50150'20" East, distance of 55.55 feet; Thence 4 th, North 12108'58" East, distance of 76.75 feet; Thence 5 th, North 01137'46" East, distance of 186.11 feet; Thence 6 th, North 89134'37" East, distance of 2.00 feet to said west right of way of Etiwanda Avenue; Thence 7 th, along said west right of way, South 00107'00" West, distance of 298.14 feet to the northeast corner of said temporary construction easement;
Thence 8 th, along the north line of said temporary construction easement, South 89153'57" West, a distance of 141.60 feet to the True Point of Beginning.

Containing 4,024 square feet, more or less.

This description been. repared by me, or under my direction, in conformance with the Professional Land \\
Surveyors Act.
10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Goodman TCE.docx
:••••• GUIDA • • ••• • • SURVEYING INC.

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements

Page 2 of 2 ends

Job No. 0618-00016
Goodman TCE.docx
10-04-2021
T
hence, along the west line of said temporary construction easement, North 00 °07’00” East, a distance of 170.90 feet to the northwest corner of said temporary construction easement, being the True Point of Beginning; Thence 1st, along the northerly prolongation of last said west line, North 00° 07'00" East, a distance of 2.14 feet;
Thence 2nd, North 89°53'57" East, distance of 74.61 feet; Thence 3rd, North 50°50'20" East, distance of 55.55 feet; Thence 4th, North 12°08'58" East, distance of 76.75 feet; Thence 5th, North 01°57'46" East, distance of 186.11 feet; Thence 6th, North 89°34'37" East, distance of 2.00 feet to said west right of way of Etiwanda Avenue; Thence 7th, along said west right of way, South 00° 07'00" West, distance of 298.14 feet to the northeast corner of said temporary construction easement;
Thence 8th, along the north line of said temporary construction easement, South 89° 53'57" West, a distance of 141.60 feet to the True Point of Beginning.

Containing 4,024 square feet, more or less.

Page 335 ends

EXHIBIT B EXHIBIT B
Resolution No. 2022-012 - Page 9 of 12

Page 336 ends

er:
0 u' f'1)
0 ,tom �o�
0 f'1)
lf) I
_]JO �
LL] CT) J ,O O � CO
er: 0 � " � f\l o 0::: u., f\l 1
�
0 -10
-1 :z:f'1)
u' 0f\l 0CT' Cl
SOUTH LINE OF PARCEL 2
TCE1
TRUE POINT____,_ <).. OF BEGINNING <'. 0' TCE 1 '\ ,:}' �0 (to r- Oi v ,,.� <::P ./:.J ov
?.:/ \
•),,C)
TEMP. CONST. EASEMENT
1,254 SQ. FT.
(SEE PAG E 2)
_TRUE POINT

OF BEGINNING
TCE2
TCE2
PARCEL 2
PARCEL MAP NO. 19448
PM8 242/Sb-bO
TEMP. CONST. EASEMENT
4,024 SQ. FT.
(SEE PAG E 3)
..j::,.
0 0)
0 POINT OF

COMMENCEMENT
TCE1 & TCE2
(Jl
0 WEST ROW OF ETIWANDA
AVE. PER 95-101283 OR
(Jl
0 ---------<t:---- ETIWANDA A VENUE--
N;TES
-----------<t:--- ---
SCALE: 1 "=80'
GUIDA
_____ SURVEYING INC.

Job No. 0618-00016 Goodman TCE.dwg
TIN P. HEI
NO. 6167

PLAT MAP IS BASED ON THE INFORMATION AND LAND
REFERENCES SHOWN ON RECORD OF SURVEY 19-0109 FILED
IN BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF
SURVEYS.

BEARINGS AND DISTANCES ARE REFERENCED TO THE
CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(2011)
CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES,
MULTIPLY GRID DISTANCES BY 1.000060364.

THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER M,.Y DIRECTION, IN CONFORMANCE WITH
T�E,.,_RR.OF'ESSIONAL LAND SURVEYORS ACT.
10-04-2021
IGHT, PLS 61 67 DATE
Exhibit B
Plat Map
Etiwanda
Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements

Page 1 of 3 ends

Resolution No. 2022-012 - Page 10 of 12
 
 

Page 337 ends

COURSE TABLE
L1 S89°53'57"W 141.60' [TIE]
L2 N 00°07'00"E 43.60' [TIE]
C1 R=475.00 D=01°57'48" L=16.28'
L3 N13°15'08"W 53.26'
C2 R=175.00' D=07°07'02" L=21.74'
L4 N 00°36'05"W 8.00'
L5 S89°54'08"E 7.18'
L6 S00°07'00"W 61.34'
Cl
L2F TI El
POC
i / — TCE1
TPOB
TCE1
0 L6
TCE1
TEMP. CONST. EASEMENT
1,254 SQ. FT.
'8" 1\1-- \ ,\ A °49' 5_—
RFD \ iN‘".
02 L4
L5
SCALE: 1"=.20'
PAROL'L 2
PAROL'L, MAP NO, J9442
PMA 242/56-60
-FOE',
DOO NO 2015-02039'08 0.H
WEST ROW OF ETIWANDA AVE._7 -
PER 95-101283 OR
IMP G U I DA ..... ......
.1 .1 .1 SURVEYING INC.

Job No. 0618-00016 Goodman TCE.dwg
ETIWANDA AVENUE Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements

Page 2 of 3 ends

Resolution No. 2022-012 - Page 11 of 12
 
 

Page 338 ends

...---
_J
L2
[TIE]
--------1-
0 0
0 C\l
LLl?
2 lf)I �
0 C\l
0 0
TPOB TCE2
L3
-.;J-
_J
■■ GUIDA
SURVEYING INC.

Job No. 0618-00016 Goodman TCE.dwg
TCE2
SCALE: 1 "=40'
PARCE'.L 2
PARCE'.L MAP NO. 19448
PM8 242/Sb�bo
TEMP. CONST. EASEMENT
4,024 SQ. FT.

COURSE TABLE
L1 S89"53'57"W
L2 N00"07'00"E
L3 Noo·o7•oo"E
L4 N89"53'57"E
LS N50"50'20"E
L6 N12"08'58"E
L7 N01"57'46"E
L8 N89"34'37"E
L9 soo·o7•oo"w
L 10 S89"53'57"W
141.60' [TIE]
170. 90' [TIE]

2.14'

74.61'

55.55'

76.75'
186.11'

2.00'
298.14'
141.60'
L8
L9 WEST ROW OF ETIWANDA /
AVE. PER 95-101283 OR

ETIWANDA AVENUE
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements

Page 3 of 3 ends

Resolution No. 2022-012 - Page 12 of 12
 
 

Page 339 ends

Resolution No. 2022-013 - Page 1 of 13
RESOLUTION NO. 2022-013

A RE SOL

UTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE

SEPARATION PROJECT (TWO PERMANENT EASEMENTS AND A
TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229- 283-79)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).

City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.

ATTACHMENT 6

Page 340 ends

Resolution No. 2022-013 - Page 2 of 13
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows:

SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-013, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (two permanent easements and a temporary construction easement on portions of APN 0229-283-79).

SECTION 3. The City seeks to acquire an approximate 401 square foot permanent easement, an approximate 14,801 square foot permanent easement, and an approximate 7,936 square foot temporary construction easement with a term of 30 months over portions of the real property located at 8996 Etiwanda Avenue, Rancho Cucamonga, California, and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-283-79 in connection with the Project. The two permanent easements and the temporary construction easement are collectively referred to herein as “Subject Property Interest,” and APN 0229-283-79 is referred to herein as “BTC III Parcel.” The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

Page 341 ends

Resolution No. 2022-013 - Page 3 of 13
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mob ility, safety, and level of
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation.

B. The Project will reduce vehicle and tr uck delays, improve safety and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Additionally, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

SECTION 6.

A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the BTC III Parcel, the approximate 401 square foot permanent easement, the approximate 14,801 square foot permanent easement, and the approximate 7,936 square foot temporary construction easement with a term of 30 months the City seeks to acquire for public use public use, namely grade separation and related purposes, and all uses necessary or convenient thereto.

B. The City set just compensation in accordance with the appraised fa ir market value, and extended a written offer on December 3, 2021 to BTC III Rancho Cucamonga Logistics Center, LP, the owner of record. The fair market value appraisal used a date of value of October 14, 2021.

Page 342 ends

Resolution No. 2022-013 - Page 4 of 13
the larger parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to
arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis, including severance damages. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 401 square foot permanent easement area, the approximate 14,801 square foot permanent easement area, and the approximate 7,936 square foot temporary construction easement area.

Page 343 ends

Resolution No. 2022-013 - Page 5 of 13
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire an approximate 401 square foot permanent easement, the approximate 14,801 square foot permanent easement, and an approximate 7,936 square foot temporary construction easement with a term of 30 months for the Project. The Subject Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.

SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED,
APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:

Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2022-013, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California

Page 344 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP Permanent Road Easements

Page 1 of 2 ends

Those portions of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document No. 19970371135 of Official Records, records of said County, described as follows:

Permanent Road Easement 1 (PRE1)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) foot half-width, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No. 19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 41.95 feet to the True Point of Beginning;
Thence 15t, continuing along said west line, S 00°07'00" W, a distance of 100.19 feet; Thence 2 nd, leaving said west line, N 90°00'00" W, a distance of 4.00 feet to a line parallel with, and lying

4.00 feet west of said west line of Etiwanda Avenue;
Thence 3rd, along said parallel line, N 00°07'00" E, a distance of 100.20 feet; Thence 4 th, leaving said parallel line, at right angles, S 89Y53'00" E, a distance of 4.00 feet to the True Point of Beginning
Containing 401 square feet, more or less.

Permanent Road Easement 2 (PRE2)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) feet wide, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No. 19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence, along said west line, S 00°07'00" W, a distance of 366.21 feet to its intersection with the line between Sections 8 and 17, T1S, R6W, SBBM, said intersection being an angle point in said west line of Etiwanda Avenue; Thence, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet to the True Point of Beginning; Thence 15t, continuing along said west line, S00°17'46"W, a distance of 32.03 feet to the north line of the 22' x 170' Road Easement described in the document recorded January 23, 1997 as Document No. 19970023099 of Official Records of said County;
Thence 2 nd, along said north line, N 89°42'14" W, a distance of 2.00 feet to the northwest corner of said Road Easement;
Thence 3rd, along the west line of said Road Easement, S 00°17'46" W, a distance of 169.99 feet to the southwest corner thereof;
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE Exhibit A-1 :1111•,11 GuiDA• • •••
:Will■: SURVEYING INC.

Exhibit A
Legal Description
Et
iwanda Grade Separation Project
APN 229-283-79 / RRI Energy
Permanent Road Easements

Page 1 of 2 ends

Job No. 0618-00016
RRI Energy PRE.docx
Those portions of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as de
scribed in the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document No. 19970371135 of Official Records, records of said County, described as follows:

Permanent Road Easement 1 (PRE1)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) foot half-width, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No. 19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 41.95 feet to the True Point of Beginning;
Thence 1st, continuing along said west line, S 00°07'00" W, a distance of 100.19 feet; T
hence 2nd, leaving said west line, N 90°00'00" W, a distance of 4.00 feet to a line parallel with, and lying

4. 00 feet west of said west line of Etiwanda Avenue;
Thence 3rd, along said parallel line, N 00°07'00" E, a distance of 100.20 feet; Th
ence 4th, leaving said parallel line, at right angles, S 89° 53’ 00” E, a distance of 4.00 feet to the True Point of Beginning
Containing 401 square feet, more or less.

Permanent Road Easement 2 (PRE2)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) feet wide, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No. 19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence, along said west line, S 00°07'00" W, a distance of 366.21 feet to its intersection with the line between Sections 8 and 17, T1S, R6W, SBBM, said intersection being an angle point in said west line of Etiwanda Avenue; Thence, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet to the True Point of Beginning; Thence 1st, continuing along said west line, S00°17'46"W, a distance of 32.03 feet to the north line of the 22’
x 170’ Road Easement described in the document recorded January 23, 1997 as Document No. 19970023099 of Official Records of said County;
Thence 2nd, along said north line, N 89°42'14" W, a distance of 2.00 feet to the northwest corner of said Ro
ad Easement;
Thence 3rd, along the west line of said Road Easement, S 00°17'46" W, a distance of 169.99 feet to the s
outhwest corner thereof;
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE
Exhibit A-1
Resolution No. 2022-013 - Page 6 of 13

Page 345 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP Permanent Road Easements

Page 2 of 2 ends

Thence 4th, along the south line of said Road Easement, S 89°42'14" E, a distance of 2.00 feet to the said west line of Etiwanda Avenue described in said Irrevocable Offer To Dedicate; Thence 5th, along said west line, S 00°17'46" W, a distance of 136.95 feet; Thence 6th, leaving said west line, N 89°42'14" W, a distance of 5.00 feet; Thence 7th, N 00°17'46" E, a distance of 45.00 feet;
Thence 8th, N 16°35'18" W, a distance of 72.00 feet;
Thence 9th, N 00°17'46" E, a distance of 18.00 feet;
Thence 10th, N 53°14'51" W, a distance of 67.00 feet;
Thence 11th, N 00°17'46" E, a distance of 112.00 feet;
Thence 12th, N 53°50'24" E, a distance of 93.00 feet;
Thence 13th, S 89°42'14" E, a distance of 5.00 feet to the True Point Beginning.

Containing 14,801 square feet, more or less.

Notes
( The above legal description is based on the dimensions, information, and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys. ( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.

This descript n b
Surveyors Act.
repa d by me, or under my direction, in conformance with the Professional Land Justin P. Height, LS 6167
10-04-2021
Date
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE GUIDA SURVEYING INC.

Exhibit A
Legal Description
Et
iwanda Grade Separation Project
APN 229-283-79 / RRI Energy
Permanent Road Easements

Page 2 of 2 ends

Job No. 0618-00016
RRI Energy PRE.docx
10-04-2021
Thence 4th, along the south line of said Road Easement, S 89°42'14" E, a distance of 2.00 feet to the said w
est line of Etiwanda Avenue described in said Irrevocable Offer To Dedicate; Thence 5th, along said west line, S 00°17'46" W, a distance of 136.95 feet; T
hence 6th, leaving said west line, N 89°42'14" W, a distance of 5.00 feet; T
hence 7th, N 00°17'46" E, a distance of 45.00 feet;
T
hence 8th, N 16°35'18" W, a distance of 72.00 feet;
T
hence 9th, N 00°17'46" E, a distance of 18.00 feet;
T
hence 10th, N 53°14'51" W, a distance of 67.00 feet;
T
hence 11th, N 00°17'46" E, a distance of 112.00 feet;
T
hence 12th, N 53°50'24" E, a distance of 93.00 feet;
T
hence 13th, S 89°42'14" E, a distance of 5.00 feet to the True Point Beginning.

Co
ntaining 14,801 square feet, more or less.

This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE Resolution No. 2022-013 - Page 7 of 13

Page 346 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / BTC Ill Rancho Cucamonga Logistics Center, LP Temporary Construction Easement

Page 1 of 1 ends

That portion of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document No. 19970371135 of Official Records, records of said County, described as follows:

Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) foot half-width, as described in the Irrevocable Offer To Dedicate recorded October 8, 1997 as Document No. 19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 142.14 feet to the True Point of Beginning; Thence 1st, continuing along said west line, S 00°07'00" W, a distance of 224.07 feet to its intersection with the line between Sections 8 and 17, T15, R6W, SBBM, said intersection being an angle point in said west line of Etiwanda Avenue;
Thence r d, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet; Thence 3rd, leaving said west line, and perpendicular to said west line, N 89°42'14" W, a distance of 5.00 feet to a line parallel with, and lying 5.00 feet west of said west line of Etiwanda Avenue; Thence 4th, along said parallel line, N 00°17'46" E, a distance of 463.00; Thence 5th, leaving said parallel line, N 89°43'25" W, a distance of 15.00 feet to a line parallel with, and lying

20.00 feet west of, said west line of Etiwanda Avenue as said west line is described in the 2 nd course above; Thence 6th, along last said parallel line, N 00°17'46" E, a distance of 57.00 feet to its intersection with the line between Sections 8 and 17, T1S, R6W, SBBM;
Thence 7th, along a line parallel with, and lying 20.00 feet west of, said west line of Etiwanda Avenue as said west line is described in the 1st course above, N 00°07'00" E, a distance of 224.00 feet; Thence 8th, leaving said parallel line, N 90°00'00" E, a distance of 20.00 feet to the True Point of Beginning.

Containing 7,936 square feet, more or less.

This descript s n b
Act.
n 'repa d by me, or under my direction, in conformance with the Professional Land Surveyors Justin P. Height, IS 6167
10-04-2021
Date
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - TCE
Exhibit A-2
.•..•. GUIDA • ...

LEE.: SURVEYING INC.

Exhibit A
Legal Description
Et
iwanda Grade Separation Project
APN 229-283-79 / RRI Energy
Temporary Construction Easement

Page 1 of 1 ends

Job No. 0618-00016
RRI Energy TCE.docx
10-04-2021
That portion of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document No. 19970371135 of Official Records, records of said County, described as follows:

Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) foot half-width, as described in the Irrevocable Offer To Dedicate recorded October 8, 1997 as Document No. 19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 142.14 feet to the True Point of Beginning; Thence 1st, continuing along said west line, S 00°07'00" W, a distance of 224.07 feet to its intersection with the line
between Sections 8 and 17, T1S, R6W, SBBM, said intersection being an angle point in said west line of Etiwanda Avenue;
Thence 2nd, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet; Th
ence 3rd, leaving said west line, and perpendicular to said west line, N 89°42'14" W, a distance of 5.00 feet to a line
parallel with, and lying 5.00 feet west of said west line of Etiwanda Avenue; Thence 4th, along said parallel line, N 00°17'46" E, a distance of 463.00; Th
ence 5th, leaving said parallel line, N 89°43'25" W, a distance of 15.00 feet to a line parallel with, and lying

20.00 feet west of, said west line of Etiwanda Avenue as said west line is described in the 2 nd course above; Th
ence 6th, along last said parallel line, N 00°17'46" E, a distance of 57.00 feet to its intersection with the line be
tween Sections 8 and 17, T1S, R6W, SBBM;
Thence 7th, along a line parallel with, and lying 20.00 feet west of, said west line of Etiwanda Avenue as said west line
is described in the 1st course above, N 00°07'00" E, a distance of 224.00 feet; T
hence 8th, leaving said parallel line, N 90°00'00" E, a distance of 20.00 feet to the True Point of Beginning.

Co
ntaining 7,936 square feet, more or less.

This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - TCE
Exhibit A-2
Resolution No. 2022-013 - Page 8 of 13

Page 347 ends

j-al!cippca
NOTES

SBCTA RAIL CORRIDOR
POC
NORTH LINE OF PARCEL 7
SE'D a• 71 S, COC NO. 405 FOR LLA
SAAM DOC NO 19970371135 OR
PRE1
401 SQ. FT.
(SEE PAGE 2)
SAC 17; 718;
Rb1/11; SAAM

LINE BEI WEEN
SECTION 8 AND
SECTION 17

MENU MENU
MENU
MENEEN

MENEEN MENNEN
GUIDA
SURVEYING INC.

Job No. 0618-00016
PAR3E'L 7/
000 NOJ 405 P'OR LLA
003 N0 1997/037/1135 OR

WEST LINE OF E 'WANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
PRE2
14,801 SQ. FT.
(SEE PAGE 3)

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE

ETIWANDA AVENUE

PLAT MAP IS BASED ON THE

INFORMATION AND LAND

REFERENCES SHOWN ON RECORD
OF SURVEY 19-0109 FILED IN
BOOK 168, PAGES 53 THROUGH
63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE

REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND

LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.

SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements

Page 1 of 3 ends

j-al!cippca
NOTES

SBCTA RAIL CORRIDOR
POC
NORTH LINE OF PARCEL 7
SE'D a• 71 S, COC NO. 405 FOR LLA
SAAM DOC NO 19970371135 OR
PRE1
401 SQ. FT.
(SEE PAGE 2)
SAC 17; 718;
Rb1/11; SAAM

LINE BEI WEEN
SECTION 8 AND
SECTION 17

MENU MENU
MENU
MENEEN

MENEEN MENNEN
GUIDA
SURVEYING INC.

Job No. 0618-00016
PAR3E'L 7/
000 NOJ 405 P'OR LLA
003 N0 1997/037/1135 OR

WEST LINE OF E 'WANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
PRE2
14,801 SQ. FT.
(SEE PAGE 3)

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE

ETIWANDA AVENUE

PLAT MAP IS BASED ON THE

INFORMATION AND LAND

REFERENCES SHOWN ON RECORD
OF SURVEY 19-0109 FILED IN
BOOK 168, PAGES 53 THROUGH
63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE

REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND

LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.

SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements

Page 1 of 3 ends

APN 229-283-79 / BTC III R.C.L.C., LP
Exhibit B-1
Resolution No. 2022-013 - Page 9 of 13
 
 

Page 348 ends

COURSE TABLE

LINE BETWEEN
SECTION 8 AND
SECTION 17
0 LU
L1 S00°07'00"W 41.95[TIE]
L2 S00°07'00"W 100.19'
L3 N90°00'00"W 4.00'
L4 N00° 07'00"E 100.20'
L5 S89°53'00"E 4.00' NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR
PAR3E'L 7/
303 NC 405 5CR LLA
003J NO J 997/037/J J 35 OR

ANGLE POINT IN

WEST LINE OF

ETIWANDA AVE
U)
23 PRE1
401 SQ. FT. 0
0 4.00'
L3 L4
L5

TPOB POC
"•••( x xxxxxxx
L2
0 LU
L1 [TIE]

WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
GUIDA
SURVEYING INC.

Job No. 0618-00016

ETIWANDA AVENUE
SCALE: 1"=50'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements

Page 2 of 3 ends

COURSE TABLE

ANGLE POINT IN

WEST LINE OF

ETIWANDA AVE
U)
23 PRE1
401 SQ. FT. 0
0 4.00'
L3 L4
L5

TPOB POC
"•••( x xxxxxxx
L2
0 LU
L1 [TIE]

WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
GUIDA
SURVEYING INC.

Job No. 0618-00016

ETIWANDA AVENUE
SCALE: 1"=50'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements

Page 2 of 3 ends

Original had error?
APN 229-283-79 / BTC III R.C.L.C., LP
Resolution No. 2022-013 - Page 10 of 13
 
 

Page 349 ends

COURSE TABLE
L1 SOO°07'00"W 366.21 TIE
L2 SOO°17'46"W 520.03 TIE
L3 SOO°17'46"W 32.03'
L4 N89°42'14"W 2.00'
L5 SOO°17'46"W 169.99'
L6 S89°42'14"E 2.00'
L7 SOO°17'46"W 136.95'
L8 N89°42'14"W 5.00'
L9 NOO°17'46"E 45.00'
L10 N16°35'18"W 72.00'
L1 1 NOO°17'46"E 18.00'
L12 N53°14'51"W 67.00'
L13 NOO°17'46"E 112.00'
L14 N53°50'24"E 93.00'
L15 S89°42'14"E 5.00'
L8 L9
L1 1
0 LU
L7

LINE BETWEEN
SECTION 8 AND
SECTION 17
L13
-••
4 A: •
•••• 4*
L5
L6 N L4
L15
/ 7 -TPOB
L2 [TIE]
L3
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR

ANGLE POINT IN

WEST LINE OF

ETIWANDA AVE
PRE1
(SEE PAGE 2)
L1 [TIE]
0 LU
co
F
O
O
7POC
22'X170' ROAD EASEMENT PER
DOC. NO. 19970023099 OR
Umml if' GUI DA Um.. .9.9.9 SURVEYING INC.

Job No. 0618-00016

ETNANDA AVENUE
SCALE: 1"=100'

WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements

Page 3 of 3 ends

LINE BETWEEN
SECTION 8 AND
SECTION 17
L13
-••
4 A: •
•••• 4*
L5
L6 N L4
L15
/ 7 -TPOB
L2 [TIE]
L3
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR

ANGLE POINT IN

WEST LINE OF

ETIWANDA AVE
PRE1
(SEE PAGE 2)
L1 [TIE]
0 LU
co
F
O
O
7POC
22'X170' ROAD EASEMENT PER
DOC. NO. 19970023099 OR
Umml if' GUI DA Um.. .9.9.9 SURVEYING INC.

Job No. 0618-00016

ETNANDA AVENUE
SCALE: 1"=100'

WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements

Page 3 of 3 ends

APN 229-283-79 / BTC III R.C.L.C., LP
Resolution No. 2022-013 - Page 11 of 13
 
 

Page 350 ends

z-al!cRtpca
NOTES

SBCTA RAIL CORRIDOR
\_. NORTH LINE OF PARCEL 7
SE p 8; 71S; COC NO. 405 FOR LLA
R6W; S M DOC NO 19970371135 OR
POC
TEMP. CONST. EASEMENT
7,936 SQ. FT.
(SEE PAGE 2)
SE'D 17; 718;, ,
R6W; aaE3IVI

LINE BE I WEEN
SECTION 8 AND
SECTION 17

MENU MENU MENU MENEEN MENEEN MENNEN
GUIDA
SURVEYING INC.

Job No. 0618-00016
PAROE'L 7/
303 NOJ 405 P'OR LLA
1-30.3 ]\10 1997/037/1135 OR

WEST LINE OF E I IWANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE

ETIWANDA AVENUE

PLAT MAP IS BASED ON THE

INFORMATION AND LAND

REFERENCES SHOWN ON THE
RECORD OF SURVEY 19-0109
FILED IN BOOK 168, PAGES 53
THROUGH 63 OF RECORD OF
SURVEYS.

BEARINGS AND DISTANCES ARE

REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND

LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.

SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement

Page 1 of 2 ends

z-al!cRtpca
NOTES

SBCTA RAIL CORRIDOR
\_. NORTH LINE OF PARCEL 7
SE p 8; 71S; COC NO. 405 FOR LLA
R6W; S M DOC NO 19970371135 OR
POC
TEMP. CONST. EASEMENT
7,936 SQ. FT.
(SEE PAGE 2)
SE'D 17; 718;, ,
R6W; aaE3IVI

LINE BE I WEEN
SECTION 8 AND
SECTION 17

MENU MENU MENU MENEEN MENEEN MENNEN
GUIDA
SURVEYING INC.

Job No. 0618-00016
PAROE'L 7/
303 NOJ 405 P'OR LLA
1-30.3 ]\10 1997/037/1135 OR

WEST LINE OF E I IWANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE

ETIWANDA AVENUE

PLAT MAP IS BASED ON THE

INFORMATION AND LAND

REFERENCES SHOWN ON THE
RECORD OF SURVEY 19-0109
FILED IN BOOK 168, PAGES 53
THROUGH 63 OF RECORD OF
SURVEYS.

BEARINGS AND DISTANCES ARE

REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND

LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.

SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement

Page 1 of 2 ends

APN 229-283-79 / BTC III R.C.L.C., LP
Exhibit B-2
Resolution No. 2022-013 - Page 12 of 13
 
 

Page 351 ends

COURSE TABLE
L1 SOO°07'00"W 142.14VIE]
L2 SOO°07'00"W 224.07
L3 SOO°17'46"W 520.03'
L4 N89°42'14"W 5.00'
L5 NOO°17'46"E 463.00'
L6 N89°43'25"W 15.00'
L7 NOO°17'46"E 57.00'
L8 NOO°07'00"E 224.00'
L9 N90°00'00"E 20.00' 1:fl
1:fl

5.00'
L4
0 PAR3E'L 7/
303 NC 405 5CR LLA
003 NO 997/037/J J 35 OR

WEST LINE OF E I IWAN DA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Mil' GU I DA
SURVEYING INC.

Job No. 0618-00016
L3
L6

ETIWANDA AVENUE

ANGLE POINT IN WEST

LINE OF E I IWAN DA AVE
SCALE: 1"=100'
L7
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR

LINE BEI WEEN
SECTION 8 AND
SECTION 17
ti 20.00'
L8

TEMPORARY

CONSTRUCTION

EASEMENT
7,936 SQ. FT.

L9 TPOB
P00
2:10C116600 -IIV6 V1OEIS
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement

Page 2 of 2 ends

5.00'
L4
0 PAR3E'L 7/
303 NC 405 5CR LLA
003 NO 997/037/J J 35 OR

WEST LINE OF E I IWAN DA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Mil' GU I DA
SURVEYING INC.

Job No. 0618-00016
L3
L6

ETIWANDA AVENUE

ANGLE POINT IN WEST

LINE OF E I IWAN DA AVE
SCALE: 1"=100'
L7
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR

LINE BEI WEEN
SECTION 8 AND
SECTION 17
ti 20.00'
L8

TEMPORARY

CONSTRUCTION

EASEMENT
7,936 SQ. FT.

L9 TPOB
P00
2:10C116600 -IIV6 V1OEIS
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement

Page 2 of 2 ends

APN 229-283-79 / BTC III R.C.L.C., LP
Resolution No. 2022-013 - Page 13 of 13
 
 

Page 352 ends

Resolution No. 2022-014 - Page 1 of 11
RESOLUTION NO. 2022-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE

SEPARATION PROJECT ( PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-291-55) WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corpor ation in the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).

The Project requires the acquisition of additional right of wa y for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four -lane grade separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will red uce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will pro vide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians.

City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.

Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad grade separation project which eliminates and existing grade crossing or reconstructs an existing grade separation. The City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning and Research and the County clerk as specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was filed with the Office of Planning and Research and with the County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements; and WHEREAS, in connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in con nection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

ATTACHMENT 7

Page 353 ends

Resolution No. 2022-014 - Page 2 of 11
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows:

SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-014, A Resolution of the Cit y Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project ( permanent easement and a temporary construction easement on portions of APN 0229-291-55).

SECTION 2. The City seeks to acquire by eminent domain the real property interest described below in Section 3 of th is Resolution for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 1,201 square foot permanent easement and an approximate 1,295 square foot temporary construction easement with a term of 30 months over portions of the real property located at 8939 Etiwanda Avenue, Rancho Cucamonga, California, and further identified as San Bernardino County Tax Asse ssor’s Parcel Number 0229 -291-55 in connection with the Proje ct. The permanent easement and the temporary construction easement are collectively referred to herein as “Subject Property Interest,” and APN 0229-291-55 is referred to herein as “BCORE IE Parcel.” The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

SECTION 4. The environmental effects of the acquisition of the Subject Property Interest were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, Cit y staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require f urther environmental analysis.

These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

Page 354 ends

Resolution No. 2022-014 - Page 3 of 11
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation. B. The Project will reduce vehicle and truck delays, improve safety and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Additionally, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole. C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interest for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing. D. The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of several permanent easements and temporary construction easements over portions of 10 larger parcels, as well as fee interests in two parcels owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owner of the Subject Property Interest to minimize the impact of the Project on the parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interest. SECTION 6. A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the BCORE IE Parcel, the approximate 1,201 square foot permanent easement and the approximate 1,295 square foot temporary construction easement with a term of 30 months the City seeks to acquire for public use public use, namely grade separation and related purposes, and all uses necessary or convenient thereto. B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on December 3, 2021 to BCORE IE West Owner, LLC, the owner of record. The fair market value appraisal used a date of value of October 14, 2021. C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City’s offer also summarized the principal transactions relied on by the

Page 355 ends

Resolution No. 2022-014 - Page 4 of 11
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis, including severance damages. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 1,201 square foot permanent easement area and the approximate 1,295 square foot temporary construction easement area.

SECTION 8. The public use for which the City seeks to acquire the Subject Pro perty Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of- way area. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

SECTION 9. Based on t he evidence presented at the hearing regarding the Project, including the Agenda Report a nd documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that:

SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney’ s Office to take all steps necessary to commence and prosecute legal

Page 356 ends

Resolution No. 2022-014 - Page 5 of 11
proceedings in a court of competent jurisdiction to acquire an approximate 1,201 square foot permanent easement and an approximate 1,295 square foot temporary construction easement with a term of 30 months for the Project. The Subject Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.

SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of January, 2022. ________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:

Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2022-014, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California

Page 357 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement

Page 1 of 1 ends

That portion of Parcel 1, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 507 for Lot Line Adjustment, recorded January 17, 2002 as Document No. 20020026839 of Official Records, records of said County, described as follows:

Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said prolongation of the south line of Parcel 1, N 87°55'05" E, a distance of 30.02 feet to a point on the east line of Etiwanda Avenue as shown on the map of Tract 2102 (Fontana Arrow Route Tract") filed in Book 31, Pages 11 to 15 of Maps, records of said County, said point being the True Point of Beginning; Thence V, along said east line of Etiwanda Avenue, N 00°07'00" E, a distance of 60.04 feet to the north line of said Parcel 1, being also the south line of the SBCTA Rail Corridor, one hundred (100) feet wide, as shown on said Record of Survey 19-0109;
Thence rd, along said north line of Parcel 1, N 87°55'05" E, a distance of 20.01 feet to its intersection with the northerly prolongation of the east line of said fifty (50) street easement dedication; Thence VI, along said prolongation, S 00°07'00" W, a distance of 60.04 feet to a point on said south line of Parcel 1, said point being the northeast corner of said fifty (50) street easement dedication; Thence 41h, along said south line, S 87°55'05" W, a distance of 20.01 feet to the True Point of Beginning.

Containing 1,201 square feet, more or less.

This descript
Act.

Justin P. Height, LS 6167
Job No. 0818-00018
BCORE PRE.doc
d by me, or under my direction, in conformance with the Professional Land Surveyors 10-07-2021
Date
Exhibit A-1 ,...... GUIDA • . .•.
:am: SURVEYING INC.

Exhibit A
Legal Description
E
tiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement

Page 1 of 1 ends

Job No. 0618-00016
B
CORE PRE.docx
10-07-2021
That portion of Parcel 1, in the City of Rancho Cuca monga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 507 for Lot Line Adjustment, recorded January 17, 2002 as Document No. 20020026839 of Official Records, records of said County, described as follows:

Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said prolongation of the south line of Parcel 1, N 87°55'05" E, a distance of 30.02 feet to a point on the east line of Etiwanda Avenue as shown on the map of Tract 2102 (Fontana Arrow Route Tract”) filed in Book 31, Pages 11 to 15 of Maps, records of said County, said point being the True Point of Beginning; Thence 1st, along said east line of Etiwanda Avenue, N 00°07'00" E , a distance of 60.04 feet to the north line of said Parcel 1, being also the south line of the SBCTA Rail Corridor, one hundred (100) feet wide, as shown on said Record of Survey 19-0109;
Thence 2nd, along said north line of Parcel 1, N 87°55'05" E, a distance of 20.01 feet to its intersection with the
northerly prolongation of the east line of said fifty (50) street easement dedication; Thence 3rd, along said prolongation, S 00°07'00" W, a distance o f 60.04 feet to a point on said south line of Parcel 1, said point being the northeast corner of said fifty (50) street easement dedication; Thence 4th, along said south line, S 87°55'05" W, a distance of 20.01 feet to the True Point of Beginning.

Containing 1,201 square feet, more or less.

Notes
• T he above legal description is based on the dimensions, information, and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys. • Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.

Page 358 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement

Page 1 of 1 ends

Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said prolongation and said south line of Parcel 1, N 87°55'05" E, a distance of 50.03 to the northeast corner of said fifty (50) foot street easement dedication, said corner being the True Point of Beginning Thence 1', along the northerly prolongation of the east line of said fifty (50) foot street easement dedication, N 00°07'00" E, a distance of 31.64 feet;
Thence 21d, leaving said northerly prolongation, S 89°52'07" E, a distance of 42.00 feet to a line parallel with, and lying 42.00 feet easterly of, said northerly prolongation; Thence 3NI, along said parallel line, S 00°07'00" W, a distance of 30.02 feet to said south line of Parcel 1; Thence 41h, along said south line, S 87°55'05" W, a distance of 42.03 feet to the True Point of Beginning.

Containing 1,295 square feet, more or less.

Notes
(
(
The above legal description is based on the dimensions, information, and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.

Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.

This descripttr
Act.
b d by me, or under my direction, in conformance with the Professional Land Surveyors Justin P. Height, LS 6167
Job No. 0818-00016
SCORE TCE.doct
10-07-2021
Date
Exhibit A-2 ■:•••••
GUIDA • • •••
:••••: SURVEYING INC.

Exhibit A
Legal Description
Et
iwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement

Page 1 of 1 ends

Job No. 0618-00016
BC
ORE TCE.docx
10-07-2021
That portion of Parcel 1, in the City of Rancho Cucam onga, County of San Bernardino, State of California, as described in the Certificate of Compliance No. 507 for Lot Line Adjustment, recorded January 17, 2002 as Document No. 20020026839 of Official Records, records of said County, described as follows:

Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said prolongation and said south line of Parcel 1, N 87°55'05" E, a distance of 50.03 to the northeast corner of said fifty (50) foot street easement dedication, said corner being the True Point of Beginning; Thence 1st, along the northerly prolongation of the east line o f said fifty (50) foot street easement dedication, N 00°07'00" E, a distance of 31.64 feet;
Thence 2nd, leaving said northerly prolongation, S 89°52'07" E, a distance of 42.00 feet to a line parallel with, and lying 42.00 feet easterly of, said northerly prolongation; Thence 3rd, along said parallel line, S 00°07'00" W, a distance of 30.02 feet to said south line of Parcel 1; Thence 4th, along said south line, S 87°55'05" W, a distance of 42.03 f eet to the True Point of Beginning.

Containing 1,295 square feet, more or less.

Notes
• The above legal description is based on the dimensions, information, and land references shown on Record of Su
rvey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys. • Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.

Page 359 ends

j-almtixa
NOTES

PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON THE RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364.

SBCTA RAIL CORRIDOR

ETIWANDA AVENUE
c)1

PERMANENT
ROAD

EASEMENT
1,201 SQ. FT.
(SEE PAGE 2)
GUIDA
SURVEYING INC.

Job No. 0618-00016 BCORE.dwg
PARCn J
COC NO, 507/ 50R LLA
DOC, NO, 20020026239 OF

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-07-2021
JUSTIN P. HEIGHT, PLS 6167 DATE
SCALE: 1"=300'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement

Page 1 of 2 ends

Exhibit B-1
Resolution No. 2022-014 - Page 8 of 11
 
 

Page 360 ends

w :::::> z w >
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GUIDA
SURVEYING INC.

Job No. 0618-00016 BCORE.dwg

SBCTA RAIL CORRIDOR
L3
X
50'
SCALE: 1 "=20'

COURSE TABLE
L 1 N8T55'05"E 30.02' (TIE)
L2 N00"07'00"E 60.04'
L3 N8T55'05"E 20.01'
L4 soo·o7•oo"w 60.04•
LS S8T55'05"W 20.01'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement

Page 2 of 2 ends

Resolution No. 2022-014 - Page 9 of 11

Page 361 ends

z-al!cRtpca
NOTES

PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON THE RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364.

ETIWANDA AVENUE
c)1
TEMP. CON ST.

EASEMENT
1,295 SQ. FT.
(SEE PAGE 2)
GUIDA
SURVEYING INC.

Job No. 0618-00016 BCORE.dwg

SBCTA RAIL CORRIDOR
PARCn J
COC NO, 507/ 50R LLA
DOC, NO, 20020026239 OF

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-07-2021
JUSTIN P. HEIGAT> PLS 6167 DATE
SCALE: 1"=300'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement

Page 1 of 2 ends

z-al!cRtpca
NOTES

PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON THE RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364.

ETIWANDA AVENUE
c)1
TEMP. CON ST.

EASEMENT
1,295 SQ. FT.
(SEE PAGE 2)
GUIDA
SURVEYING INC.

Job No. 0618-00016 BCORE.dwg

SBCTA RAIL CORRIDOR
PARCn J
COC NO, 507/ 50R LLA
DOC, NO, 20020026239 OF

THIS PLAT HAS BEEN PREPARED BY ME, OR

Page 1 of 2 ends

Exhibit B-2
Resolution No. 2022-014 - Page 10 of 11
 
 

Page 362 ends

SBCTA RAIL CORRIDOR
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L 1 N8T55'05"E 50.03' (TIE)
L2 Noo·o7•oo"E 31.64'
u s89·52'07"E 42.00·
L4 S00-07'00"W 30.02'
L5 S8T55'05"W 42.03'
GUIDA
SURVEYING INC.

CDC
DOC"
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Job No. 0618-00016 BCORE.dwg SCALE: 1 "=20'

NORTH LINE
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1,295 SQ. FT.

TPOB
N.E. CORNER OF 50'
ST. EASE DEDICATION
PER DOC NO.
19980145780 OR
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement

Page 2 of 2 ends

Resolution No. 2022-014 - Page 11 of 11

Page 363 ends

Resolution No. 2022-015 - Page 1 of 19
RESOLUTION NO. 2022-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE

SEPARATION PROJECT ( PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-291-22) WHEREAS, the City of Rancho Cucamong a (“City”) is a municipal corpor ation in the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).

The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four -lane grade separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce v ehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians.

All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference; and WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sect ion 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).

City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.

Statutory Exemptions, Section 15282. Other Statutory Exemp tions, paragraph (g) as a railroad grade separation project which eliminates and existing grade crossing or reconstructs an existing grade separation. The City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption w ith the Office of Planning and Research and the County clerk as specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was filed with the Office of Planning and Research and with the County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements; and WHEREAS, in connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial change s have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

ATTACHMENT 8

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Resolution No. 2022-015 - Page 2 of 19
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows:

SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-015, A Resolution of the Cit y Council of the City of Rancho Cucamonga , California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project ( permanent easement and a temporary construction easement on portions of APN 0229-291-22).

SECTION 2. The City seeks to acquire by eminent domain the real property interest described below in Section 3 of th is Resolution for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 52,464 square foot permanent easement and an approximate 1,972 square foot temporary construction easement with a term of 18 months over portions of the real property located at 8949 Etiwanda Avenue, Rancho Cucamonga, California, and further identified as San Bernardino County Tax Asse ssor’s Parcel Number 0229 -291-22 in connection with the Proje ct. The permanent easement and the temporary construction easement are collectively referred to herein as “Subject Property Interest,” and APN 0229 -291-22 is referred to herein as “SCE Parcel.” The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

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Resolution No. 2022-015 - Page 3 of 19
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation. B. The Project will reduce vehicle and truck delays, improve safety and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Additionally, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole. C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interest for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing. D. The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of several permanent easements and temporary construction easements over portions of 10 larger parcels, as well as fee interests in two parcels owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owner of the Subject Property Interest to minimize the impact of the Project on the parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interest. SECTION 6. A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the SCE Parcel, the approximate 52,464 square foot permanent easement and the approximate 1,972 square foot temporary construction easement with a term of 18 months the City seeks to acquire for public use public use, namely grade separation and related purposes, and all uses necessary or convenient thereto. B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on November 23, 2021 to Southern California Edison Company, the owner of record. The fair market value appraisal used a date of value of October 14, 2021. C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City’s offer also summarized the principal transactions relied on by the

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Resolution No. 2022-015 - Page 4 of 19
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis, including severance damages. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 52,464 square foot permanent easement area and the approximate 1,972 square foot temporary construction easement area. SECTION 7. The City provided written notice to the owner of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain. SECTION 8. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interest described more particularly in Exhibit “A” and depicted on Exhibit “B” hereto, is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property Interest the City seeks to acquire. SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owner and or the owner’s representative(s). These documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice of Exemption for the Project. SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal

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Resolution No. 2022-015 - Page 5 of 19
proceedings in a court of competent jurisdiction to acquire an approximate 52,464 square foot permanent easement and an approximate 1,972 square foot temporary construction easement with a term of 18 months for the Project. The Subject Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto. SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding. SECTION 13. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of January, 2022. ________________________ L. Dennis Michael, Mayor City of Rancho Cucamonga ATTEST: Janice C. Reynolds, City Clerk City of Rancho Cucamonga APPROVED AS TO FORM: Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon CERTIFICATION: I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2022-015, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January, 2022, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ___________________________ Janice C. Reynolds, City Clerk City of Rancho Cucamonga, California

Page 368 ends

EXHIBIT "A"

LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO.

PERMANENT ROAD EASEMENT
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO

CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF ETIWANDA AVENUE AND NAPA STREET AS SHOWN ON RECORD OF SURVEY 19-0109, FILED IN BOOK 168, PAGES 53 THROUGH 63, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLINE OF ETIWANDA AVENUE NORTH 00°17'46" EAST,

76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,

40.00 FEET TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY

THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16; THENCE LEAVING SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 AND ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07'00" WEST,

32.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 82°07'25" WEST;

THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°43'27" AN ARC LENGTH OF 32.76 FEET;
THENCE SOUTH 17°36'02" EAST, 7.64 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;

Page 1 of 3 ends

Exhibit A-1

Page 1 of 3 ends

EXHIBIT “A”

LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO. ______

PERMANENT ROAD EASEMENT
THAT PORTION OF THE WEST ONE -HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO

CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF ETIWANDA AVEN UE AND NAPA STR EET AS SHOWN O N RECORD OF SURV EY 19-0109, FILED IN BOOK 168, PAGES 53 THROUGH 63, OF RECORDS OF SURVEYS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLIN E OF ETIWANDA AVENUE NORTH 00°17'46" EAST,

76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,

40.00 FEET TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY

THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16; THENCE LEAVING SAID EASTERLY L INE OF INSTRUMENT NO. 19970023100 AND ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07 '00" WES T,

32.29 FEET TO T HE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 82°07'25" WEST;

THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°43'27" AN ARC LENGTH OF 32.76 FEET;
THENCE SO UTH 17°36'02" EAST, 7.64 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;
Exhibit A-1
Resolution No. 2022-015 - Page6 of 19

Page 369 ends

SERIAL NO.

THENCE NON -TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 4.60 FEET; THENCE SOUTH 14°07'28" EAST, 55.75 FEET;
THENCE SOUTH 75°52'32" WEST, 5.37 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 283.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 81°31'15" EAST;

THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°35'45" AN ARC LENGTH OF 42.46 FEET;
THENCE SOUTH 00°07'00" WEST, 82.77 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 273.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 142.08 FEET; THENCE SOUTH 29°42'09" EAST, 181.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 77.00 FEET;

THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 40.32 FEET; THENCE SOUTH 00°17'51" WEST, 43.19 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 38.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY

BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF SURVEY 19-0109;

THENCE NON -TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE NORTH 89°46'08" WEST, 151.75 FEET TO THE INTERSECTION OF SAID GENERALLY NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100;

THENCE LEAVING SAID CITY BOUNDARY LINE AND ALONG SAID GENERALLY NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100 NORTH 41°12'57" WEST,

57.41 FEET TO AN ANGLE POINT IN SAID GENERALLY NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100;

THENCE CONTINUING ALONG SAID GENERALLY NORTHEASTERLY LINE OF SAID INSTRUMENT NO. 19970023100 NORTH 89°42'14" WEST, 11.99 FEET TO THE TRUE POINT OF BEGINNING.

Page 2 of 3 ends

SERIAL NO. ______
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 4.60 FEET; THENCE SOUTH 14°07'28" EAST, 55.75 FEET;
THENCE SOUTH 75°52'32" WEST, 5.37 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVIN G A RADI US OF 283.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 81°31'15" EAST;

THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°35'45" AN ARC LENGTH OF 42.46 FEET;
THENCE SOUTH 00°07'00" WEST, 82.77 FEET TO THE BEGINNING O F A TANG ENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 273.00 FEET;

THENCE SOUTHER LY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 142.08 FEET; THENCE SOUTH 29°42'09" EAST, 181.81 FEET TO THE BEGINNING OF A TAN GENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 77.00 FEET;

THENCE SOUTHEASTERLY A ND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 40.32 FEET; THENCE SOUTH 00°17'51" WEST, 43.19 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 38.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY

BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF SURVEY 19-0109;

THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE NORTH 89° 46'08" WEST, 151.75 FEET TO THE INTERSECTION OF SAID GENERALLY NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100;

THENCE LEAVING SAID CITY BOUNDARY LINE AND ALONG SAID GENERALLY NORTHEASTERLY LI NE OF INSTRUMENT NO. 19970023100 NORTH 41°12'57" WEST,

57.41 F EET TO AN ANGLE POINT IN SAID GENERALLY NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100;

THENCE CONTINUING ALONG SAID GENERALLY NORTHEASTERLY LINE OF SAID INSTRUMENT NO. 19970023100 NORTH 89°42'14" WEST, 11.99 FEET TO THE TRUE POINT OF BEGINNING.

Resolution No. 2022-015 - Page 7 of 19

Page 370 ends

SERIAL NO.

CONTAINING A GRID AREA 52,464 SQUARE FEET OR 1.204 ACRES, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 5 GRID, CSRS EPOCH 2017.50 (NAD83 2011), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99993964.

ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.

THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.

PRELIMINARY
7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE

Page 3 of 3 ends

SERIAL NO. ______
CONTAINING A GRID AREA 52,464 SQUARE FEET OR 1.204 ACRES, MORE OR LESS.

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION S ARE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), Z ONE 5 GRID , CSRS E POCH 2017.50 (NAD83 20 11), ALL D ISTANCES SHOWN ARE GRID , TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99993964.

ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

THIS DESCRIPTION IS NOT IN TENDED FOR U SE IN THE CONVEYANCE OF LAN D IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.

PRELIMINARY
__________________________________________________ ________________________ TIMOTHY S. FETTIG P.L.S. 7542 DATE
7/7/21
Resolution No. 2022-015 - Page 8 of 19

Page 371 ends

EXHIBIT "A"

LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO.

TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO

CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:

76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,

40.00 FEET TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY

NORTHEASTERLY LINE OF THE VARIABLE WIDTH ROAD EASEMENT GRANTED TO THE CITY OF RANCHO CUCAMONGA PER THE DOCUMENT RECORDED JANUARY 23, 1997 AS INSTRUMENT NO. 19970023100, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16; THENCE LEAVING SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 AND ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07'00" WEST,

32.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 82°07'25" WEST;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;

Page 1 of 4 ends

Exhibit A-2

Page 1 of 4 ends

EXHIBIT “A”

LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO. ______

TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE WEST ONE -HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO

CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF ETIWANDA AVEN UE AND NAPA STREET AS SHOWN O N RECORD OF SURV EY 19-0109, FILED IN BOOK 168, PAGES 53 THROUGH 63, OF RECORDS OF SURVEYS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLIN E OF ETIWANDA AVENUE NORTH 00°17'46" EAST,

76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,

40.00 FEE T TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY

NORTHEASTERLY LINE OF THE VARIABLE WIDTH ROAD EASEMENT GRANTED TO THE CITY OF RANCHO CUCAMONGA PER THE DOCUMENT RECORDE D JANUARY 23, 1997 AS INSTRUMENT NO. 19970023100, OF OFFICIAL RECORDS, IN TH E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16; THENCE LEAVING SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 AND ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07 '00" WEST,

32.29 FEET TO THE BEGI NNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 82°07'25" WEST;

THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°43'27" AN ARC LENGTH OF 32.76 FEET;
THENCE SO UTH 17°36'02" EAST, 7.64 FEET TO THE BEGINNING OF A T ANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;
Exhibit A-2
Resolution No. 2022 -015 - Page9 of 19

Page 372 ends

SERIAL NO.

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY

BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF SURVEY 19-0109;

THENCE NON -TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE SOUTH 89°46'08" EAST, 9.61 FEET;
THENCE LEAVING SAID CITY BOUNDARY LINE NORTH 03°44'43" EAST, 0.18 FEET TO

THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 36.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 03°44'43" WEST;

THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86°33'08" AN ARC LENGTH OF 54.38 FEET; THENCE NORTH 00°17'51" EAST, 43.19 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 79.00 FEET;

Page 2 of 4 ends

SERIAL NO. ______
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 4.60 FEET; THENCE SOUTH 14°07'28" EAST, 55.75 FEET;
THENCE SOUTH 75°52'32" WEST, 5.37 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVIN G A RADIUS OF 2 83.00 FEET, A RADI AL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 81°31'15" EAST;

THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°35'45" AN ARC LENGTH OF 42.46 FEET;
THENCE SOUTH 00°07'00" WEST, 82.77 FEET TO THE BEGINNING O F A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 273.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 142.08 FEET; THENCE SOUTH 29°42'09" EAST, 181.81 FEET TO THE BEGINNING OF A TAN GENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 77.00 FEET;

THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY

BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF SURVEY 19-0109;

THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE SOUTH 89°46'08" EAST, 9.61 FEET;
THENCE LEAVING SAID CITY BOUNDARY LINE NORTH 03°44'43" EAST, 0.18 FEET TO

THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 36.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 03°44'43" WEST;

THENCE WESTERLY, NORT HWESTERLY, AN D NORTH ERLY ALONG SAI D CURVE THROUGH A CENTRAL ANGLE OF 86°33'08" AN ARC LENGTH OF 54.38 FEET; THENCE NORTH 00 °17'51" EAS T, 43.19 F EET TO TH E BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 79.00 FEET;

Page 2 of 4 ends

Resolution No. 2022-015 - Page 10 of 19

Page 373 ends

SERIAL NO.

THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 41.36 FEET; THENCE NORTH 29°42'09" WEST, 181.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 271.00 FEET;

THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 141.04 FEET; THENCE NORTH 00°07'00" EAST, 82.77 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 285.00 FEET;

THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°13'53" AN ARC LENGTH OF 40.94 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 14.32 FEET; THENCE NORTH 14°06'10" WEST, 59.75 FEET;
THENCE SOUTH 75°52'32" WEST, 14.07 FEET;
THENCE NORTH 17°36'02" WEST, 8.05 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 191.00 FEET;

THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°40'56" AN ARC LENGTH OF 32.28 FEET;
THENCE NON -TANGENT TO SAID CURVE NORTH 00°07'00" EAST, 32.19 FEET TO SAID NORTHERLY LINE OF SECTION 16;
THENCE ALONG SAID NORTHERLY LINE OF SECTION 16 SOUTH 88°57'20" WEST,

2.00 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING A GRID AREA 1,972 SQUARE FEET OR 0.045 ACRES, MORE OR LESS.

ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.

Page 3 of 4 ends

SERIAL NO. ______

THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 41.36 FEET; THENCE N ORTH 29°42'09" WEST, 181.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 271.00 FEET;

THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 141.04 FEET; THENCE NORTH 00 °07'00" EAST, 82.77 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 285.00 FEET;

THENCE NORTHER LY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°13'53" AN ARC LENGTH OF 40.94 FEET;
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 14.32 FEET; THENCE NORTH 14°06'10" WEST, 59.75 FEET;
THENCE SOUTH 75°52'32" WEST, 14.07 FEET;
THENCE NORTH 17°3 6'02" WEST, 8.05 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 191.00 FEET;

THENCE NORTHERLY AL ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°40'56" AN ARC LENGTH OF 32.28 FEET;
THENCE NON-TANGENT TO SAID CURVE NORTH 00°07'00" EAST, 32.19 FEET TO SAID NORTHERLY LINE OF SECTION 16;
THENCE ALONG SAID NORTHERLY LINE OF SECTION 16 SOUTH 88°57'20" WEST,

2.00 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING A GRID AREA 1,972 SQUARE FEET OR 0.045 ACRES, MORE OR LESS.

THE BEARING S AND DISTANCES USED IN THE ABOVE DESCRIPTION S ARE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 5 GRID, CSRS EPOCH 2017.50 (NAD83 20 11), ALL D ISTANCES SHOWN ARE GRID , TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99993964.

ALL FOUND MON UMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

Page 3 of 4 ends

Resolution No. 2022-015 - Page 11 of 19

Page 374 ends

SERIAL NO.

THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.

PRELIMINARY
7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE

Page 4 of 4 ends

SERIAL NO. ______

THIS DESCRIPTION IS NOT INTENDED FOR U SE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.

PRELIMINARY
__________________________________________________ ______________ __________ TIMOTHY S. FETTIG P.L.S. 7542 DATE
7/7/21
Resolution No. 2022-015 - Page 12 of 19

Page 375 ends

j'a l!CRIPca
P

ACCOMPANY
LAT TO
LEGAL DESCRIP710N EXHIBIT "B"
THAT PORTION OF THE WEST ONE—HALF OF SECTION 16 IN TOWNSHIP 1

BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY

OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
P.O.C.

CENTERLINE

INTERSECTION

CITY OF

RANCHO CUCAMONGA
— - - - — - - - COUNTY OF

SAN BERNARDINO

PORTION APN
0229-291-23
33'
0 100

FOUND MAG NAIL AND WASHER
MARKED "LS 6932" PER R.S.B.
168/53-63, FLUSH IN ASPHALT
SOUTH, RANGE 6 WEST, SAN

OF SAN BERNARDINO, STATE
THEREOF.

SEE SHEET 2 OF 3 FOR DETAIL 'B'
SEE SHEET 3 OF 3 FOR BASIS OF BEARINGS,

LEGEND, EASEMENT NOTES, SURVEYOR'S NOTE,

DETAIL 'A, AND LINE AND CURVE TABLES
lc) (BASIS OF BEARINGS)
(N 0077'46" E R.S.B. 168/53-63)
<1- ET I WANDA AVENUE
N 0077'46" E 620.58'
\' T.P.O.B. \\\
R/W LINE \PERM ANE,N
\F4OAD EASEMENT
(52>I-6\4
(1.204 AC.)
331 1 L10 C4
s
W

18.21'44R—AD. — —
C7-1. 0'
POR.
- 4
f
33' I Z;Ic
I .
200

SCALE IN FEET
APN 0229-291-23
.40 9
R 1g2.08
S 44'40'27" W
RAD. •

R/W LINE
\ NN 8131'15"E\
2866 O.R. 305
REC. 1 2/1 2/1 9 51
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.
0 -EASTERLY LINE OF
INST. Na 19970023100 O.R.

RECORDED 1/23/1997
0- GENERALLY
NOR7HEAS7ERLY LINE OF
INST. Na 19970023100 O.R.

RECORDED 1/23/1997
RAD.

PREPARED BY ME OR
C3
ir)
SEE

DETAIL 'A'
ON SHEET 2
L3
C1 L4
I L5 L S 82177'25" W
L8 RAD
H I
NORTHERLY LINE—N-1
OF SEC770N 16
T.1S, R.6W., S.B.M.
00 0'
I
UNDER MY DIRECTION:

PRELIMINARY 7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE (SHEET 1 OF 3)
PROJECT NAME: _______ MS•
ORDER NO.:____ NOT. NO.: ______ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA SURVEYED BY: N/A SCE F.B. REF.: ______ DATE: _______
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 [El SOLTIMBIN CALEXIIINIA

IHNISCH
MEMNON INNINATIONAL• Comm,
CHECKED BY: JH TRES: SERIAL NO.: ______ ALE NAME: ______ EXHIBIT "B"
Exhibit B-1
Resolution No. 2022-015 - Page 13of 19
 
 

Page 376 ends

EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

CITY OF

RANCHO CUCAMONGA

COUNTY OF

SAN BERNARDINO
APN 0229-291-22 \ \ \ \ \ \

PERMANENT
u) ROAD EASEMENT.44
-c
®— GENERALLY

NORTHEASTERLY LINE OF
INST. NO. 19970023100 O.R.

RECORDED 1/23/1997
0 -NORTHERLY LINE OF
INST. NO. 20010368167 O.R.

RECORDED 8/14/2001
\ (5\2,4\64 s6.Ff.) (1.204 Ac.) \ CITY BOUNDARY
\ \ \ \ \ \LIRE
N 89'46'08" W 151.75'
PORTION APN 0229-291-23

NAPA STREET

DETAIL 'B'

NO SCALE

CITY OF

RANCHO CUCAMONGA
_ -

COUNTY OF Z

SAN BERNARDI
--V

BERNARD
:- ---- ----,

R/W LINE
SEE SHEET 3 OF 3 FOR BASIS OF

BEARINGS, LEGEND, EASEMENT NOTES,

SURVEYOR'S NOTE, DETAIL 'A, AND LINE

AND CURVE TABLES
(SHEET 2 OF 3)
PROJECT NAME: ___ M S •
ORDER NO.: _ NOT. NO.: _ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA SURVEYED BY: N/A SCE F.B. REF.: _ _ DATE: _ _
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 rr OUMBIN CALIFOINIA
m IEDOS9 H
CHECKED BY: JH TRES: SERIAL NO.: _ ALE NAME: _ _
EXHIBIT "B"
Resolution No. 2022-015 - Page 14 of 19
 
 

Page 377 ends

THAT PORTION OF THE

BERNARDINO MERIDIAN,
OF
BASIS OF BEARINGS:

EXHIBIT "B"
WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN

IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

THE BEARINGS SHOWN HEREON ARE BASED

ON THE CENTERLINE OF ETIWANDA A VENUE,
BEING N 0077'46" E, AS SHOWN ON
RECORD OF SURVEY 19-0109, FILED IN
R.S.B. 168/53-63, RECORDS OF SAID
COUNTY.
(XXXX)
•
APN
CSRS
INST.

LS
O.R.

P.O.C.

POR.

RAD.

REC.

R.S.B.

R/W
TP.aB.

SURVEYOR'S NOTE:

THE BEARINGS AND DISTANCES SHOWN ARE
CALIFORNIA COORDINATE SYSTEM OF 1983
(CCS83), ZONE 5 GRID, CSRS EPOCH 2017.50
(NAD83 2011).

ALL DISTANCES SHOWN ARE GRID, TO OBTAIN
GROUND DISTANCES DIVIDE BY 0.99993964.

LEGEND

INDICATES RECORD DATA PER RECORD OF SURVEY
19-0109, FILED IN BOOK 168, PAGES 53 THROUGH 63,
OF RECORDS OF SURVEYS (R.S.B. 168/53-63)

FOUND MONUMENT AS NOTED

ASSESSOR'S PARCEL NUMBER

CALIFORNIA SPATIAL REFERENCE SYSTEM

CENTERLINE

INSTRUMENT

LAND SURVEYOR

OFFICIAL RECORDS

POINT OF COMMENCEMENT

PORTION
RADIAL

RECORDED

RECORD OF SURVEY BOOK

RIGHT-OF-WAY

TRUE POINT OF BEGINNING

PERMANENT ROAD EASEMENT
52,508 SF, 1.205 AC

PARENT PARCEL

CITY BOUNDARY LINE

CENTERLINE
- — — - EASEMENT LINE

CURVE TABLE
NO. DELTA RADIUS LENGTH
Cl 09'43'27" 193.00' 32.76'
C2 2743'31" 5.00' 2.42'
C3 0835'45" 283.00' 42.46'
C4 30'00'00" 77.00' 40.32'
C5 7156'07" 38.00' 4771'
C2 Cl
.40'2---7!-- L6 s 44, g AD •

DETAIL 'A'

NO SCALE
L5
Li

EASEMENT NOTES
(D-40' HIDE EASEMENT FOR WATER PURPOSES

GRANTED TO THE METROPOLITAN WATER

DISTRICT OF SOUTHERN CALIFORNIA PER
1308/465. O.R., REC. 11/23/1938
0 -VARIABLE WIDTH EASEMENT FOR ROAD

PURPOSES GRANTED TO KAISER STEEL
CORPORATION PER 6390/303, O.R.

REC. 5/13/1965
0 -VARIABLE WIDTH AND 10' WIDE EASEMENT

FOR ROAD AND SEWER PURPOSES GRANTED
TO DAM F. BOLGER, TRUSTEE, PER INST.

NO. 94-334698, O.R., REC. 8/5/1994

LINE TABLE
NO. BEARING LENGTH
Ll N 0077'46" E 76.07'
L2 S 89'4274" E 40.00'
L3 N 8857'20" E 10.00'
L4 S 0007'00" W 32.29'
L5 S 1736'02' E Z64'
L6 N 7552'32" E 4.60'
L7 S 1407'28" E 55.75'
L8 S 7552'32" W 5.37'
L9 S 0007'00" W 82.77'
L10 S 0077'51" W 43.19'
L11 N 89'46'08" W 151.75'
L12 N 4172'57" W 57.41'
L13 N 89'42'14" W 11.99'
(SHEET 3 OF 3)
PROJECT NAME. M.S.: _ _
ORDER NO.: _ _ NOT. NO.: _ _ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA SURVEYED BY: N/A SCE F.B. REF • DATE: _
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 MIN
ID

CAUFOINIA
LI EDEI SON*
JAMISON INTIRMUTONAL• Comm
CHECKED BY: JH TRES. SERIAL NO.: _ FILE NAME: _ _
SURVEYOR'S NOTE:BASIS OF BEARINGS: EASEMENT NOTES
LEGEND
EXHIBIT "B"
Resolution No. 2022-015 - Page 15 of 19
 
 

Page 378 ends

Z'a l!CRqxa
P

ACCOMPANY
LAT TO
LEGAL DESCRIP710N EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. SEE SHEET 2 OF 4 FOR DETAIL 'A' SEE SHEET 3 OF 4 FOR DETAIL 'B'
SEE SHEET 4 OF 4 FOR BASIS OF BEARINGS,

LEGEND, EASEMENT NOTES, SURVEYOR'S

NOTE, AND LINE AND CURVE TABLES
P.O.C.

CENTERLINE

INTERSECTION

CITY OF

RANCHO CUCAMONGA
----- COUNTY OF

SAN BERNARDINO

PORTION APN
0229-291-23
33'
0 100

11. (J
33'
c\1
co
33'

FOUND MAG NAIL AND WASHER
MARKED "LS 6932" PER R.S.B.
168/53-63, FLUSH IN ASPHALT
Ll
40'
lc) (BASIS OF BEARINGS)
(N 0077'46" E R.S.B. 168/53-63)
Ir)

ET I WANDA AVENUE
N 0077'46" E 620.58' r RA LINE

TEMPORARY

CONSTRUCTION EASEMENT
(1,972 SQ.FT.)
(0.045 AC.)
POR. APN 0229-291-23
„p
33' / i¢
tz, (30
C-)
.
200

SCALE IN FEET

SEE DETAIL 'A'
ON SHEET 2
2866 D.R. 305
REC. 12/12/1951
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.
0 —EASTERLY LINE OF
INST. NO. 19970023100 O.R.

RECORDED 1/23/1997
0— GENERALLY

NORTHEASTERLY LINE OF
INST. NO. 19970023100 O.R.

RECORDED 1/23/1997
NORTHERLY LINE—
OF SEC770N 16
T.1S, R.6W., S.B.M.
00 o'
PREPARED BY ME OR UNDER MY DIRECTION:

PRELIMINARY 7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE
T.P.O.B.

NORTHERLY LINE
OF SECTION 16
°a •
Z vj 0
0 L.Li v) •
0 a_
H
(SHEET 1 OF 4)
PROJECT NAME: _______ M S •
ORDER NO.: NOT. NO.: ______ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA SURVEYED BY: N/A SCE F.B. REF.: ______ DATE: _______
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 [El 57 6710.

CHECKED BY: JH TRES: SERIAL NO.: ______ ALE NAME: ______ EXHIBIT "B"
Exhibit B-2
Resolution No. 2022-015 - Page 16of 19
 
 

Page 379 ends

EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

E77WANDA AVENUE S 82'07'25" W
N 007746" E 620.58' [ VW LINE - RAD.

NAPA STREET

TEMPORARY

CONSTRUCTION EASEMENT
(1,972 SQ.FT.)
(0.045 AC.)
3 •00' L..-142.08'
R:,-2-11
2700' L=141.04'
V 9" .4.9'0 2866 O.R. 305
0 REC. 12/12/1951
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.
50 100

SCALE IN FEET
LJ : POR. APN 0229-291-23
Il L10 C4
II ,
I# L13 C
-4100 '
‘D 7II c
--.1. It
6)
i
t
.. — — — \- S 03'44'43" W
\ L12 RAD.
1 I SEE
I 1 DETAIL 'B'
i 1 ON SHEET .5
I I
L8
L9 C3
L14 C8
N 81'53'07" E
RAD. L15
N 8131'15" E
5 •A•
0 TEMPORARY

CONSTRUCTION EASEMENT
(1,972 SQ.FT.)
(0.045 AC.)
S 44'4027" W \ C2 L5
L6\
L7
L.16
cr)
L3 T.P.O.B. L4
L19

NORTHERLY LINE
L20 OF SECTION 16
L _
-
S 82'04'54" W L18
L17 RAD.

NORTHERLY LINE- 11OF SECTION 16 T.1S, R.6W., S.B.M.
0 # .49'0
low :-11237:1°.:0
L=.141.04' ii0 1.`1111' low
2866 O.R. 305
REC. 1 2/1 2/1 9 51
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.

DETAIL 'A'
SEE SHEET 3 OF 4 FOR DETAIL 'B'
SEE SHEET 4 OF 4 FOR BASIS OF BEARINGS,
LEGEND, EASEMENT NOTES, SURVEYOR'S NOTE, AND LINE AND CURVE TABLES (SHEET 2 OF 4) PROJECT NAME: M.S.:

ORDER NO.: NOT. NO.: CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA SURVEYED BY: N/A SCE F.B. REF.: DATE:

DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 IIOUTHEIMI camera
IED[ISON'
As IDIOM IMI2NAITONAL• Olowir
CHECKED BY: JH TRES: ______ SERIAL NO.: FILE NAME:

EXHIBIT "B"
Resolution No. 2022-015 - Page 17 of 19
 
 

Page 380 ends

EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

CITY OF

RANCHO CUCAMONGA

COUNTY OF

SAN BERNARDINO
APN 0229-291-22

TEMPORARY

CONSTRUCTION EASEMENT
[44 (1,972 SQ.FT.)
-cc (0.045 AC.) /CITY BOUNDARY c.3\
LINE
PORTION APN 0229-291-23
0— GENERALLY

NORTHEASTERLY LINE OF
INST. NO. 19970023100 O.R.

RECORDED 1/23/1997
0— NORTHERLY LINE OF
INST. NO. 20010368167 O.R.

RECORDED 8/14/2001

NAPA STREET

DETAIL 'B'

NO SCALE
L11

CITY OF

RANCHO CUCAMONGA

COUNTY OF /
SAN BERNARDINO„,/

VW LINE
SEE SHEET 2 OF 4 FOR DETAIL 'A'
SEE SHEET 4 OF 4 FOR BASIS OF

BEARINGS, LEGEND, EASEMENT NOTES,

SURVEYOR'S NOTE, DETAIL 'A', AND LINE AND

CURVE TABLES
(SHEET 3 OF 4)
PROJECT NAME: M.S.: _
ORDER NO.: _ NOT. NO.: _ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA SURVEYED BY: N/A SCE F.B. REF.: _ _ DATE: _ _
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 CHECKED BY: JH TRES. SERIAL NO.: _ _ FILE NAME: _ _
EXHIBIT "B"
Resolution No. 2022-015 - Page 18 of 19
 
 

Page 381 ends

THAT PORTION OF THE

BERNARDINO MERIDIAN,
OF
BASIS OF BEARINGS:

EXHIBIT "B"
WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN

IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

THE BEARINGS SHOWN HEREON ARE BASED

ON THE CENTERLINE OF ETIWANDA AVENUE,
BEING N 00'17'46" E, AS SHOWN ON
RECORD OF SURVEY 19-0109, FILED IN
R.S.B. 168/53-63, RECORDS OF SAID
COUNTY.
(XXXX)
•
APN
CSRS
INST.

LS
O.R.

P.O.C.

POR.

RAD.

REC.

R.S.B.

R/W
T.P.O.B.

SURVEYOR'S NOTE:

THE BEARINGS AND DISTANCES SHOWN ARE
CALIFORNIA COORDINATE SYSTEM OF 1983
(CCS83), ZONE 5 GRID, CSRS EPOCH 2017.50
(NAD83 2011).

ALL DISTANCES SHOWN ARE GRID, TO OBTAIN
GROUND DISTANCES DIVIDE BY 0.99993964.

LEGEND

INDICATES RECORD DATA PER RECORD OF SURVEY
19-0109, FILED IN BOOK 168, PAGES 53 THROUGH 63,
OF RECORDS OF SURVEYS (R.S.B. 168/53-63)

FOUND MONUMENT AS NOTED

ASSESSOR'S PARCEL NUMBER

CALIFORNIA SPATIAL REFERENCE SYSTEM

CENTERLINE

INSTRUMENT

LAND SURVEYOR

OFFICIAL RECORDS

POINT OF COMMENCEMENT

PORTION
RADIAL

RECORDED

RECORD OF SURVEY BOOK

RIGHT-OF-WAY

TRUE POINT OF BEGINNING

TEMPORARY CONSTRUCTION EASEMENT
1,983 SF, 0.046 AC

PARENT PARCEL

CITY BOUNDARY LINE

CENTERLINE
- - - - EASEMENT LINE

LINE TABLE
NO. BEARING LENGTH
Ll N 0077'46" E 76.07'
L2 S 89'4274" E 40.00'
L3 N 8857'20" E 10.00'
L4 S 0007'00" W 32.29'
L5 S 1736'02" E Z64'
L6 N 7552'32" E 4.60'
L7 S 14'07'28" E 55.75'
L8 S 75'52'32" W 5.37'
L9 S 0007'00" W 82.77'
L10 S 0077'51" W 43.19'
L11 S 89'46'08" E 9.61'
L12 N 03'44'43" E 0.18'
L13 N 007751" E 43.19'
L14 N 0007'00" E 82.77'
L15 N 7552'32" E 14.32'
L16 N 14136'10" W 59.75'
L17 S 7552'32" W 14.07'
L18 N 1736'02" W 8.05'
L19 N 0007'00" E 32.19'
L20 S 8857'20" W 2.00'
RAD.

EASEMENT NOTES
(D- 40' HIDE EASEMENT FOR WATER PURPOSES

GRANTED TO THE METROPOLITAN WATER

DISTRICT OF SOUTHERN CALIFORNIA PER
1308/465. O.R., REC. 11/23/1938
0 -VARIABLE WIDTH EASEMENT FOR ROAD

PURPOSES GRANTED TO KAISER STEEL
CORPORATION PER 6390/303, O.R.

REC. 5/13/1965
0 -VARIABLE WIDTH AND 10' WIDE EASEMENT

FOR ROAD AND SEWER PURPOSES GRANTED
TO DAM F. BOLGER, TRUSTEE, PER INST.

NO. 94-334698, O.R., REC. 8/5/1994

CURVE TABLE
NO. DELTA RADIUS LENGTH
Cl 09'43'27" 193.00' 32.76'
C2 27'43'31" 5.00' 2.42'
C3 0835'45" 283.00' 42.46'
C4 30130'00" 7700' 4032'
C5 7156'07" 38.00' 4771'
C6 8633'08" 36.00' 54.38'
C7 30130'00" 79.00' 41.36'
C8 0873'53" 285.00' 4094'
C9 09'40'56" 191.00' 32.28'
(SHEET 4 OF 4)
PROJECT NAME• M.S.:

ORDER NOT. NO.: CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA SURVEYED BY: N/A SCE F.B. REF • DATE:

DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 PED[15711* CHECKED BY: JH TRES• SERIAL NO.: -_- FILENAME:

BASIS OF BEARINGS:

LEGEND
EXHIBIT "B"
SURVEYOR'S NOTE: EASEMENT NOTES
Resolution No. 2022-015 - Page 19 of 19
 
 

Page 382 ends

Resolution No. 2022-016 - Page 1 of 14
RESOLUTION NO. 2022-016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE

SEPARATION PROJECT (PERMANENT EASEMENT, MAINTENANCE AND

CONSTRUCTION EASEMENT, AND TWO TEMPORARY CONSTRUCTION
EASEMENTS OVER A PORTION OF APNs 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20)
WHEREAS, the City of Rancho Cucamong a (“City”) is a municipal corpor ation in the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).

The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four -lane grade separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project wil l widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck del ays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved respons e times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians.

City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.

Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a ra ilroad grade separation project which eliminates and existing grade crossing or reconstructs an existing grade separation. The City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning a nd Research and the County clerk as specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was filed with the Office of Planning and Research and with the County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements; and WHEREAS, in connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial change s have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that ATTACHMENT 9

Page 383 ends

Resolution No. 2022-016 - Page 2 of 14

would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows:

SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-016, A Resolution of the Cit y Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (permanent easement, maintenance and construction easement, and two temporary construction easements on portions of APN s 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20).

SECTION 2. The City seeks to acquire by eminent domain the real property interest described below in Section 3 of th is Resolution for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 5,130 square foot permanent easement, an approximate 2,986 square f oot maintenance and construction easement, and an approximate 3,192 square foot temporary construction easement and an approximate 677 square foot temporary construction easement, each with a term of 30 months, over portions of the real property located at 8685 to 8821 Etiwanda Avenue & 12928 to 12974 Whittram Avenue, Rancho Cucamonga, California, and further identified as San Bernardino County Tax Asse ssor’s Parcel Numbers 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20 in connection with the Project.

The permanent easement , maintenance and construction easement, and the two temporary construction easements are collectively referred to herein as “Subject Propert y Interest,” and APNs 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20 are collectively referred to herein as “Colombero Parcel.” The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

Page 384 ends

Resolution No. 2022-016 - Page 3 of 14

A. The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four - lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two- lane at -grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approachin g roadway. It will span the railroad right -of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pede strians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation.

C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four -lane major arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interest for public use, namely grade separation and re lated purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing.

D. The Project was planned and located to minimize the im pact on the adjacent properties. Because of its scope, the Project requires the acquisition of several permanent easements and temporary construction easements over portions of 10 larger parcels, as well as fee interests in two parcels owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owner of the Subject Property Interest to minimize the impact of the Project on the parcel. Based on th e timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interest.

SECTION 6.

A. Pursuant to Government Code Section 7260 et seq ., the City of Rancho Cucamonga obtained a fai r market value apprai sal of the Colombero Parcel, the approximate 5,130 square foot permanent easement , the approximate 2,986 square foot maintenance and construction easement, and the approximate 3,192 square foot and the approximate 677 square foot temporary construction easements, each with a term of 30 months, the City seeks to acquire for public use, namely grade separation and related purposes, and all uses ne cessary or convenient thereto.

B. The City set just comp ensation in accordance with the appraised fair market value, and extended a written offer on November 23, 2021 to Colombero Family Limited

Page 385 ends

Resolution No. 2022-016 - Page 4 of 14

Partnership, the owner of record . The fair market value appraisa l us ed a date of value of November 10, 2021.

C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel. It explaine d the applicable zoning designation of the larger parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis, including severance damages. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 5,130 square foot permanent easement area, the approximate 2,986 square foot maintenance and construction easement area, and the approximate 3,192 square foot and the approximate 677 square foot temp orary construction easement areas.

SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report a nd documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that:

Page 386 ends

Resolution No. 2022-016 - Page 5 of 14

SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any te stimony and/or comments submitted to the City by the record owner and or the owner’s representative(s). These documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice of Exemption for the Project.

SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney’ s Office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire an approximate 5,130 square foot permanent easement, an approximate 2,986 square foot maintenance and construction easement, and an approximate 3,192 square foot temporary construction easement and an approximate 677 square foot temporary construction easement, each with a term of 30 months , for the Project. The Subject Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.

SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.

________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga

ATTEST:

Janice C. Reynolds, City Clerk
City of Rancho Cucamonga

APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon

Page 387 ends

Resolution No. 2022-016 - Page 6 of 14

CERTIFICATION:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2022-016, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of December, 2022, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California

Page 388 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-01,02,03 / Colombero
Permanent Road Easement

Page 1 of 1 ends

A portion of the land, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Grant Deed recorded September 23, 2005 as Document No. 2005-0711542 of Official Records, records of said County, being also a portion of Lot 436 of Tract No. 2102 "Fontana Arrow Route Tract" per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described as follows:

Beginning at the southwest corner of said Lot 436, being the intersection of the north line of Whittram Avenue, thirty (30) foot half-width, with the east line of Etiwanda Avenue, thirty (30) foot half-width, as all are shown on Sheet 5 of the map filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence along the east line of Etiwanda Avenue, N 00107'00" E, a distance of 300.00 feet to the northwest corner of said Lot 436;
Thence V d, along the north line of said Lot 436, N 891139'33" E, a distance of 15.00 feet to a line parallel with, and lying 15.00 feet east of, said east line of Etiwanda Avenue; Thence VI, along said parallel line, S 00137'00" W, distance of 264.49 feet; Thence 4th, leaving said parallel line, S 45721'41" E, a distance of 49.79 feet to said north line of Whittram Avenue;
Thence 5th, along said north line, S mons" W, a distance of 50.51 feet to the Point of Beginning.

Containing 5,130 square feet, more or less.

Notes
( The above legal description is based on the dimensions, information, and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.

Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.

This descript
Surveyors Act.
d by me, or under my direction, in conformance with the Professional Land 10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Colombero PRE.doox Exhibit A-1
JUSTIN P. HEIGHT
NO. 6167
••••••
GUIDA■ • •••
Lim: SURVEYING INC.

Exhibit A
Legal Description
Etiw
anda Grade Separation Project
APN 229-161-01,02,03 / Colombero
Permanent Road Easement

Page 1 of 1 ends

Job No. 0618-00016
Colombero PRE.docx
10-04-2021
A portion of the land, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in the Grant Deed recorded September 23, 2005 as Document No. 2005-0711542 of Official Records, records of said County, being also a portion of Lot 436 of Tract No. 2102 “Fontana Arrow Route Tract” per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described as follows:

Beginning at the southwest corner of said Lot 436, being the intersection of the north line of Whittram Avenue, thirty (30) foot half-width, with the east line of Etiwanda Avenue, thirty (30) foot half-width, as all are shown on Sheet 5 of the map filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence 1st, along the east line of Etiwanda Avenue, N 00 °07’00” E, a distance of 300.00 feet to the
northwest corner of said Lot 436;
Thence 2nd, along the north line of said Lot 436, N 89° 09’33” E, a distance of 15.00 feet to a line parallel with, and lying 15.00 feet east of, said east line of Etiwanda Avenue; Thence 3rd, along said parallel line, S 00°07’00” W, distance of 264.49 feet; Thence 4th, leaving said parallel line, S 45°21'41" E , a distance of 49.79 feet to said north line of Whittram Avenue;
Thence 5th, along said north line, S 89°09’38” W, a distance of 50.51 feet to the Point of Beginning.

Containing 5,130 square feet, more or less.

Page 389 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-01,02,03/Colombero Parcel A
Construction and Permanent Maintenance Easement for Bridge Structure Those portions of Lot 436 of Tract No. 2102 "Fontana Arrow Route Tract" in the City of Rancho Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as Instrument No. 2005-0711542, described as follows:

Parcel A:

Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda Avenue, thirty (30)foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence along the north line of said Lot 436, N 89°09'33" E, a distance of 15.00, to a point on a line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue, said point being the True Point of Beginning of Parcel A, Thence along said parallel line, S 00°07'00" W, distance of 264.49 feet; Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north line of Whittram Avenue, thirty (30)foot half-width, as shown on said Record of Survey; Thence along said north line, N 89°09'38" E, distance of 7.01 feet; Thence, N 45°21'41" W, a distance of 45.61 feet to a point on a line parallel with, and lying 25.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue; Thence along last said parallel line, N 00°07'00" E, distance of 253.00 feet; Thence leaving last said parallel line, and perpendicular thereto, S 89°53'00" E, a distance of 6.00 feet to a point on a line parallel with, and lying 31.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue; Thence along last said parallel line, N 00°07'00" E, distance of 14.58 feet to the north line of said Lot 436;
Thence along said north line, S 89°09'33" W, a distance of 16.00 feet to the True Point of Beginning.

Containing 2,986 square feet more or less
Exhibit A-2
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-01,02,03/Colombero Parcel A
Construction and Permanent Maintenance Easement for Bridge Structure Those portions of Lot 436 of Tract No. 2102 “Fontana Arrow Route Tract” in the City of Rancho Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as Instrument No. 2005-0711542, described as follows:

Parc
el A:

Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda Avenue, thirty (30) foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence along the north line of said Lot 436, N 89°09’33” E, a distance of 15.00, to a point on a line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue, said point being the True Point of Beginning of Parcel A, Thence along said parallel line, S 00°07’00” W, distance of 264.49 feet; Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north line of Whittram Avenue, thirty (30) foot half-width, as shown on said Record of Survey; Thence along said north line, N 89°09’38” E, distance of 7.01 feet; Thence, N 45°21’41” W, a distance of 45.61 feet to a point on a line parallel with, and lying 25.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue; Thence along last said parallel line, N 00°07’00” E, distance of 253.00 feet; Thence leaving last said parallel line, and perpendicular thereto, S 89°53’00” E, a distance of 6.00 feet to a point on a line parallel with, and lying 31.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue; Thence along last said parallel line, N 00°07’00” E, distance of 14.58 feet to the north line of said Lot 436;
Thence along said north line, S 89°09’33” W, a distance of 16.00 feet to the True Point of Beginning.

Containing 2,986 square feet more or less
Exhibit A-2
Resolution No. 2022-016 - Page 8 of 14

Page 390 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-03,04,05,19/Colombero Parcel B
Temporary Construction Easement
Those portions of Lot 436 of Tract No. 2102 "Fontana Arrow Route Tract" in the City of Rancho Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as Instrument No. 2005-0711542, described as follows:

Parcel B
Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda Avenue, thirty (30)foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence along the north line of said Lot 436, N 89°09'33" E, a distance of 15.00, to a point on a line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue;
Thence along said parallel line, S 00°07'00" W, distance of 264.49 feet; Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north line of Whittram Avenue, thirty (30)foot half-width, as shown on said Record of Survey; Thence along said north line, N 89°09'38" E, distance of 7.01 feet; said point being the True Point of Beginning of Parcel B,
Thence leaving said north line, N 45°21'41" W, distance of 14.03 feet to a point on a line parallel with and lying 10.00 feet (measured at right angles) north of said north line of Whittram Avenue; Thence, N 89°09'38" E, along last said parallel line distance of 138.46 feet; Thence, N 44°38'19" E, distance of 34.22 feet to a point on a line parallel with and distant 64.00 feet (measured at right angles) fron the centerline of Whittram Avenue, as shown on said Record of Survey;
Thence, N 89°09'38" E, along last said parallel line distance of 63.00 feet; Thence, S 00°07'00" W, distance of 20.00 feet to a point on the north line of Whittram Avenue, forty-four (44)foot half-width as it now exists;
Thence along last said north line, S 89°09'38" W, distance of 58.00 feet; Thence, S 00°07'00" W, distance of 10.00 feet to a point on the north line of Whittram Avenue, thirty (30)foot half-width, as shown on said Record of Survey; Thence along last said north line, S 89°09'38" W, distance of 157.46 feet to the True Point of Beginning.

Containing 3,192 square feet more or less
Exhibit A-3
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-03,04,05,19/Colombero Parcel B
Temporary Construction Easement
Those portions of Lot 436 of Tract No. 2102 “Fontana Arrow Route Tract” in the City of Rancho Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as Instrument No. 2005-0711542, described as follows:

P
arcel B
Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda Avenue, thirty (30) foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence along the north line of said Lot 436, N 89°09’33” E, a distance of 15.00, to a point on a line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue;
Thence along said parallel line, S 00°07’00” W, distance of 264.49 feet; Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north line of Whittram Avenue, thirty (30) foot half-width, as shown on said Record of Survey; Thence along said north line, N 89°09’38” E, distance of 7.01 feet; said point being the True Point of Beginning of Parcel B,
Thence leaving said north line, N 45°21’41” W, distance of 14.03 feet to a point on a line parallel with and lying 10.00 feet (measured at right angles) north of said north line of Whittram Avenue; Thence, N 89°09’38” E, along last said parallel line distance of 138.46 feet; Thence, N 44°38’19” E, distance of 34.22 feet to a point on a line parallel with and distant 64.00 feet (measured at right angles) fron the centerline of Whittram Avenue, as shown on said Record of Survey;
Thence, N 89°09’38” E, along last said parallel line distance of 63.00 feet; Thence, S 00°07’00” W, distance of 20.00 feet to a point on the north line of Whittram Avenue, forty-four (44) foot half-width as it now exists;
Thence along last said north line, S 89°09’38” W, distance of 58.00 feet; Thence, S 00°07’00” W, distance of 10.00 feet to a point on the north line of Whittram Avenue, thirty (30) foot half-width, as shown on said Record of Survey; Thence along last said north line, S 89°09’38” W, distance of 157.46 feet to the True Point of Beginning.

C
ontaining 3,192 square feet more or less
Exhibit A-3
Resolution No. 2022-016 - Page 9 of 14

Page 391 ends

Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-151-15 / Colombero
Temporary Construction Easement

Page 1 of 1 ends

A portion of Lot 431 of Tract No. 2102 "Fontana Arrow Route Tract", in the City of Rancho Cucamonga, County of San Bernardino, State of California, per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described as follows:

Commencing at the southwest corner of said Lot 431, being a point on the east line of Etiwanda Avenue, thirty (30) foot half-width per said Tract 2102, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence along the south line of said Lot 431, N 89109'33" E, a distance of 20.00 feet to a point on the west line of the ten (10) foot wide right of way vacated by City of Rancho Cucamonga Resolution No. 91-336 as described in the Resolution recorded December 12, 1991 as Document No. 91-469755 of Official Records of said County, said west line being parallel with, and lying 50.00 feet east of the centerline of Etiwanda Avenue, said point being the True Point of Beginning;
Thence 1st, along said west line, N 00107'00" E, distance of 61.61 feet; Thence r d, leaving said west line, and perpendicular thereto, S 89.153'00" E, a distance of 11.00 feet to a line parallel with, and lying 11.00 feet east of said west line; Thence 3rd, along last said parallel line, S 00107'00" W, distance of 61.42 feet to the south line of said Lot 431;
Thence 4th, along said south line, S 89109'33" W, a distance of 11.00 feet to the True Point of Beginning.

Containing 677 square feet, more or less.

This descript n b
Surveyors Act.
repa d by me, or under my direction, in conformance with the Professional Land 10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Colombero TCE.docx Exhibit A-4 GUIDA
SURVEYING INC.

Exhibit A
Legal Description
Eti
wanda Grade Separation Project
APN 229-151-15 / Colombero
Temporary Construction Easement

Page 1 of 1 ends

Job No. 0618-00016
Colombero TCE.docx
10-04-2021
A portion of Lot 431 of Tract No. 2102 “Fontana Arrow Route Tract”, in the City of Rancho Cucamonga, County of San Bernardino, State of California, per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described as follows:

Commencing at the southwest corner of said Lot 431, being a point on the east line of Etiwanda Avenue, thirty (30) foot half-width per said Tract 2102, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County; Thence along the south line of said Lot 431, N 89° 09’33” E, a distance of 20.00 feet to a point on the west line of the ten (10) foot wide right of way vacated by City of Rancho Cucamonga Resolution No. 91-336 as described in the Resolution recorded December 12, 1991 as Document No. 91-469755 of Official Records of said County, said west line being parallel with, and lying 50.00 feet east of the centerline of Etiwanda Avenue, said point being the True Point of Beginning;
Thence 1st, along said west line, N 00°07’00”
E, distance of 61.61 feet;
Thence 2nd, leaving said west line, and perpendicular thereto, S 89 °53'00" E, a distance of 11.00 feet to a line parallel with, and lying 11.00 feet east of said west line; Thence 3rd, along last said parallel line, S 00°07’00” W, distance of 61.42 feet to the south line of said Lot 431;
Thence 4th, along said south line, S 89°09’33” W, a distance of 11.00 feet to the True Point of Beginning.

Containing 677 square feet, more or less.

Page 392 ends

j-almtpca
NOTES

NW CORNER
OF LOT 436

ETIWANDA AVENUE
P.O.B.

SW CORNER
OF LOT 436
50'
30'
30'

NORTH LINE
OF LOT 436
SCALE: 1"-100'
15'
DOC NO., 2005-07/1 J 542 aR

SOUTH LINE
/OF LOT 436
[5] 0
GUIDA
SURVEYING INC.

WHITTRAM AVENUE

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
Job No. 0618-00016 Colombero TCE.dwg JUSTIN P. HEIG , PLS 6167 DATE

PLAT MAP IS BASED ON THE

INFORMATION AND LAND REFERENCES

SHOWN ON RECORD OF SURVEY
19-0109 FILED IN BOOK 168, PAGES
53 THROUGH 63 OF RECORD OF
SURVEYS.

BEARINGS AND DISTANCES ARE

REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5 GRID,
NAD83(2011) CSRS EPOCH 2017.50.

TO OBTAIN GROUND LEVEL DISTANCES,

MULTIPLY GRID DISTANCES BY

1.000060364.
[1] NOO°07'00"E 300.00'
[2] N89°09'33"E 15.00'
[3] S00'07'00''W 264.49'
[4] S45°21'41 "E 49.79'
[5] S89'09'38''W 50.51'

PERMANENT ROAD EASEMENT
5,130 SQ. FT.

Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-161-01,02,03 / Colombero
Permanent Road Easement

Page 1 of 1 ends

Exhibit B-1
Resolution No. 2022-016 - Page 11 of 14
 
 

Page 393 ends

a 50'
I
P.O.C.

NW CORNER, —
OF LOT 436
I
N89' 09' 33"E

15.00'
30'
4 15' 10'
(4,
Li > a
a z a
p w
S45' 21' 41"E

49.80'
T.P.O.B. (PARCEL A)
S89' 09' 33"W

16.00'
00' 07' 00"E

14.58'
S89' 53' 00"E

6.00'
APN 229-161-01

PARCEL A

NORTH UNE
/OF LOT 436
NOTES:
i
S89' 09' 33"W

PLAT MAP IS BASED ON THE INFOR ATION AND LAND REFERENCES SHOWN ON RECORD OF SURVEY 19-0109 FILED I BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE DSYSTEM, ZONE 5 GRID, NAD83(2011 CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY GRID !STANCES BY 1 .000060364.

APN 229-161-02
N89' 09' 38"E

7.01'
LEGEND:
v A
0 u) . 01
O z
APN 229-161-03
N45' 21' 41"W

45.61'
APN
229-161-04
0 In
APN 229-161-19
MC. Ma 250547V W 542 On
APN
229-161-05
Q,- WHITTRAM AVE. S89° 09' 38"W
Construction and Permanent Maintenance — 2,986 SF
Easement for Bridge Structure (Parcel A)
0 25 50
SCALE 1"=50'
\..

CITY OF RANCHO CUCAMONGA
EXHIBIT B.

APN 229-161-01,02,03/Colombero Parcel A
Construction and Permanent Maintenance Easement for Bridge Structure PAGE 1 OF 1 Exhibit B-2
Exhibit B-2
Resolution No. 2022-016 - Page 12 of 14

Page 394 ends

a 50'
I
P.O.C.

NW CORNER,
OF LOT 436 "V
I
N89' 09' 33"E

15.00'
I
APN 229-161-01
30' 1
3 S45' 21' 41"E

49.80'

NORTH UNE
/OF LOT 436
NOTES: 1
S89' 09' 33"W

PLAT MAP IS BASED ON THE INFOR ATION AND LAND REFERENCES SHOWN ON RECORD OF SURVEY 19-0109 FILED I BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF SURVEYS.

BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE DSYSTEM, ZONE 5 GRID, NAD83(2011 CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY GRID !STANCES BY 1 .000060364.

APN 229-161-02
APN 229-161-03 APN
229-161-04
APN 229-161-19
MC. Ma 200547`11 W 542 On
APN
229-161-05
N44' 38' 19-E

34.22'
NE9' 09' 38"E
138.46'
N45' 21' 41"W

14.03'
N89' 09' 38"E

63.00'
S89. 09'
,N/ 58 0' ,'%./ 0 /V /‘
N89' 09' 38"E

7.01'
LEGEND:

T.P.O.B n
(PARCEL B) PARCEL B
WHITTRAM AVE. S89° 09' 38"W
SOO' 07' 00"1.%

20.00'
SOO' 07' 00"W

14.00'
Temporary Construction — 3,192 SF
Easement (Parcel B)
S89' 09' 38"W
157.46'
0 25 50
SCALE 1"=50'
\..

CITY OF RANCHO CUCAMONGA

EXHIBIT B
APN 229-161-03,04,05,19/Colombero Parcel B
Temporary Construction Easement PAGE 1 OF 1
Exhibit B-3
Exhibit B-3
Resolution No. 2022-016 - Page 13 of 14

Page 395 ends

NOTES

PLAT MAP IS BASED ON THE INFORMATION AND

LAND REFERENCES SHOWN ON RECORD OF
SURVEY FILED IN BOOK 168, PAGES 53
THROUGH 63 OF RECORD OF SURVEYS.
50'
-- - ..---
30'
30'
DOC., NO.,
2006-023227/2 FJH
(POR710N CF
LO7 431
7HAC7 2102)
\N \ SOUTH LINE
\ OF LOT 431
I SEE
DETAIL
I
/ /
T.P.O.B.

P.O.C.

SW CORNER
OF LOT 431
LOT 436
-1'1Vi0-1' 2102

BEARINGS AND DISTANCES ARE REFERENCED TO
THE CALIFORNIA COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH 2017.50. TO

OBTAIN GROUND LEVEL DISTANCES, MULTIPLY
GRID DISTANCES BY 1.000060364.

SCALE: 1”.—,100'
0 V)

WHITTRAM AVENUE

THIS PLAT HAS BEEN PREPARED BY ME, OR

UNDER MY DI CTION, IN CONFORMANCE WITH
THE PROFES 1, L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIlT, PLS 6167 DATE
MENNEN
• MEN
• IEEE
• IEEE GUIDA
N_JIMEN
MENNEN SURVEYING INC.

Job No. 0618-00016 Colombero TCE.dwg
[A]

COURSE TABLE
[A] N89'09'33"E 20.00'
[1] NO0'07'00"E 61.61'
[2] S89°53'00"E 11.00'
[3] SOO°07'00''W 61.42'
[4] S89°09'33''W 11.00'
WEST LINE OF 10'

WIDE ROW VACATION
PER DOC. NO.
91-469755 OR
[2]
11'

TEMPORARY

CONSTRUCTION
EASEMENT —
677 SQ. FT.

SOUTH LINE
OF LOT 431
[4]
P.O.C.

SW CORNER
OF LOT 431
DETAIL 1"=30'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-151-15 / Colombero
Temporary Construction Easement

Page 1 of 1 ends

Exhibit B-4
Exhibit B-4 Resolution No. 2022-016 - Page 14 of 14

Page 396 ends

SCG/DP Etiwanda LLC
100 Wilshire Blvd, Suite 250, Santa Monica, CA 90401 • Tel: 323.981.8293 • www.dedeauxproperties.com VIA FED EX and EMAIL
C

ITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: Jason C. Welday, City Engineer; Janice C. Reynolds, City Clerk Email: [email protected]
R
e: The City of Rancho Cucamonga’s Proposed Easement Including Certain Real Property Interests located at 8822 and 8768 Etiwanda Avenue, Rancho Cucamonga, California
D
ear Mr. Welday:

W
e write in response to your letter dated December 22, 2021, regarding the consideration being given to the exercise of eminent domain by the City of Rancho Cucamonga (the “City”) to create an 8,073 square foot temporary construction easement for a period of 18 months (the “Easement”) that would cover the real property located at 8822 and 8768 Etiwanda Avenue (the “Property”). We, SCG/DP Etiwanda, LLC, are the owner of the Property, and by way of this letter submit our objections to the Easement as presently envisioned and reserve our right to appear and be heard on the subject at the January 19, 2020 City Council meeting.

Th
e tenant of the Property is a trucking logistics company that handles a high-volume of trucking activity. The potential Easement appears to include one of the points of entry and exit from the street to the Property. Any full or partial loss of use of an entry point to the Property will severely impede tenant’s ability to accommodate the level of trucking activity required for its business operations. When this impediment is coupled with the protracted nature of the Easement (1.5 years), it presents a serious threat to tenant’s business and ability to continue to operate. In short, the Easement would create an undue and unnecessary hardship for tenant. The Easement would also interfere with and hinder our ability, as the Property owner, to realize the benefit of our investment.

Wh
ile we do not oppose the widening of Etiwanda, and understand why an easement may be needed, we ask that the Easement be revised so as to not unnecessarily burden the Property by ATTACHMENT 10

Page 397 ends

SCG/DP Etiwanda LLC
100 Wilshire Blvd, Suite 250, Santa Monica, CA 90401 • Tel: 323.981.8293 • www.dedeauxproperties.com commandeering one of its points of egress and ingress. At this point, the inclusion of the Property’s entry and exit point is our only known objection to the proposed Easement. In addition, we note that no offer has been made by the City to SCG/DP Etiwanda, LLC, as required by Government Code Section 7267.2.

F
inally, please note that 8822 Etiwanda is subject to a Land Use Covenant between SCG/DP Etiwanda, LLC, as successor in interest to DP Etiwanda, LLC, and the Department of Toxic Substances Control dated August 19, 2020 (the “LUC”). Any easement that includes 8822 Etiwanda will need to abide by the LUC.

W
e appreciate your consideration of the objections and issues concerning the Easement that are identified in this letter. Should you wish to discuss this matter prior to the January 19th hearing, please feel free to contact Ted Evans at [email protected] or via phone at 323-984-7731.

S
incerely,
B
rett J. Dedeaux
President / Managing Partner

DEDEAUX PROPERTIES
100 Wilshire Blvd.

Suite 250
Santa Monica, CA 90401
323.981.8294
[email protected]

www.dedeauxproperties.com

Page 398 ends

SCG/DP Etiwanda LLC

100 Wilshire Blvd, Suite 250, Santa Monica, CA 90401 • Tel: 323.981.8293 • www.dedeauxproperties.com

cc:

Page 399 ends

Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
1900 Main Street, 5th Floor | Irvine, CA 92614-7321
Telephone: 949.553.1313 | Facsimile: 949.553.8354
www.allenmatkins.com
K. Erik Friess
E-mail: [email protected]
Direct Dial: 949.851.5478 File Number: 378028.00061/4891-8353-6136 Los Angeles | Orange County | San Diego | Century City | San Francisco Allen Matkins

VIA EMAIL/FEDEX
January 3, 2022
City of Rancho Cucamonga
City Council
Attn: Janice C. Reynolds, City Clerk
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Email: [email protected]
Re: 8996 Etiwanda Avenue, Rancho Cucamonga, CA (APN 0229-283-79):

Request to Be Heard at the City's January 19, 2022, Hearing on its Proposed Resolution of Necessity
Dear Ms. Reynolds:

This firm represents BTC III Etiwanda Commerce Center, LP, the owner of the property that is the subject of the City of Rancho Cucamonga’s December 22, 2021, notice of hearing regarding the City's intent to adopt a resolution of necessity authorizing partial condemnation of the property located at 8996 Etiwanda Avenue, Rancho Cucamonga (APN: 0229-283-79), for use in developing the Etiwanda Grade Separation Project. The City proposes to hold its hearing on the resolution of necessity on January 19, 2022.

This letter constitutes BTC III's request to appear and be heard on the intended resolution of necessity. This letter also provides notice that BTC III intends to, and hereby does, object to the City’s adoption of the proposed resolution of necessity. BTC III reserves the right to submit additional comments and objections in advance of and at the January 19 hearing.

Very truly yours,
K. Erik Friess
KEF:slp
cc: Regina Danner, Esq. ([email protected])
ATTACHMENT 11

Page 400 ends

Douglas J. Dennington
Direct Dial: (714) 641-3419
E-mail: [email protected]
January 12, 2022
Rutan & Tucker, LLP | 18575 Jamboree Road, 9 th Floor
Irvine, CA 92612 | 714-641- 5100 | Fax 714-546-9035
Orange County | Palo Alto | S an Francisco | www.rutan.com 2590/016092-0074
17336025.1 a01/12/22
VIA EL
ECTRONIC MAIL & U.S. MAIL
Mr. Jason Welday
Director of Engineering/City Engineer
City of Rancho Cucamonga
10500 Civic Center Dr.

Rancho Cucamonga, CA 91730
[email protected]
Re: January 19, 2022 Hearing on Proposed Resolution of Necessit y Dear Mr. Welday:

This office has been retained by BCORE IE West Owner, LLC (“Cli ent”) in connection with the attempt by the City of Rancho Cucamonga (“City”) to ac quire portions of Client’s Etiwanda Avenue property for the Etiwanda Grade Separation Proj ect (“Project”). We are in receipt of your December 22, 2021 letter purporting to provide notice of the City’s intent to adopt a Resolution of Necessity on January 19, 2022, in order to forcibly acquire our Client’s property by eminent domain.

One of the findings the City must make in connection with its i ntended Resolution of Necessity is that the City had made an offer to my Client that complies with Government Code § 7267.2.

While we recognize the City purported to make an off er to my Client in Novemb er 2021,
that offer in no way complies with the dictates of Sectio n 7267.2. Section 7267.2(a)(1) com
pels a government agency, prior to adopting a Resolution of Necessity, to “ establish an amount that it b
elieves to be just compensation” and to “make an offer to the owner or owners of record to acquire the property for the full amount so established.” The amount established by the agency “shall not be less than the pub lic entity’s approved appraisal of the fair market value of the property.” (Ibid. [emph added].)
Prelim
inarily, we are unaware of any City Council meeting at wh ich the City “approved” any particular appraisal of my Client’s property, nor are we aware of any City Council meeting at which the City “established” the amount of just compensation for the City’s intended taking of my Client’s property.1 As you know, my Client’s property is fully improved with a la rge industrial 1 If we are incorrect in understanding, please let us know the d ate on which the City Council approved the appraisal and established it as the “just compensa tion” amount, and provide any agenda, agenda package and staff report for that particular decision. You may treat this as a request ATTACHMENT 12

Page 401 ends

Mr. Jason Welday
January 12, 2022

Page 2 ends

2590/016092-0074
17336025.1 a01/12/22

complex. The purported “appraisal summary” that accompanied the City’s November 2021 offer was based on a number of “land sa les” that may theoretically shed some light on the value of the portion taken,2 but have no bearing on any severance damages to which my Clien t is entitled.

Indeed, despite the fact that the Project is intended to take y ears to complete (next to and on the Client’s property), the City’s appraiser has not developed any opinion on the amount of severance damages to Client’s remainder parcel (which is improved). The land sales identified by the City’s appraiser simply do not speak to the value of my Client’s fully -improved larger parcel or the diminution in value to Client’s improved remainder parcel. It is therefore not surprising that the City’s appraiser failed to comply with the requirements set forth in Section 7267.2(b)(3), that any damages to an owner’s remaining property to be “separately stat ed” and accompanied by a “narrative statement” explaining the severance damage conclusio n. The summary statement accompanying the City’s October 2021 offer merely concluded that there were “$0.00” severance damages, without any narrative explanation or any quantitative calculation using sales of improved properties. The appraisal summary actually states that the “narrative” explanation for no severance damages was “not applicable.” How a multi-year grade separatio n project next to an improved and operating industrial complex will not result in a diminution in value to my Client’s remainder parcel remains a mystery. Nevertheless, the requirements under Government Code § 7267.2(b)(3) are mandatory in every government acquisition, particularly “pa rt take” situations as in this case, and the City is required, at minimum, to provide a narrative explanation of the bases on which the City’s appraiser relied to determine there would be no severance damages to my Client’s remainder parcel.

In addition, the City also failed to provide sufficient information concerning even the land sales the City’s appraiser relied on to determine the “fair market value” of the part of my Client’s property the City intends to take. It would appear, however, that the City’s appraiser utilized sales of unentitled land to value my Client’s property which is fully entitled and vested. The land sales also date back to more than a year ago, with the exception of L and Sale 1 which transacted in March of 2021. As we all know, property values have increased dramatically over the past two years and are currently at an all-time high. We have independe ntly researched comparable properties in the area which are selling for as high as $100/sf —over 3 times the per square foot value the City’s appraiser states my Client’s land is worth.

While we understand that the January 19 th hearing is not intended to address disputes regarding valuation, as your December 22nd letter states, one of the findings the City Council will

under the California Public Records Act.

2 By this, we in no way agree wi th the City’s appraisal conclusion of $27 per square foot. The recent sales of similar properties in the area last year are in excess of $100 per square foot, including a property Client recently purchased for on the order of $106 per square foot. The point is that no land sale could ever be used as a metric to assess the depreciation in value to Client’s improved remainder parcel.

Page 402 ends

Mr. Jason Welday
January 12, 2022

Page 3 ends

2590/016092-0074
17336025.1 a01/12/22

be asked to make is whether an offer has been made to my Client that complies with Government Code § 7267.2. The City’s October 2021 offer does not come clo se to such compliance.

Accordingly, my Client objects to the proposed Resolution of Necessity in its entirety.

We trust that you will transmit copies of this letter to the individual City Council members.

Please also transmit to the City Clerk in order that this lette r goes into the administrative record for this matter. Thank you.

Sincerely,

RUTAN & TUCKER, LLP

Douglas J. Dennington
DJD:pj

Page 403 ends

60178847.v1
December 29, 2021

City of Rancho Cucamonga Jason C. Welday
Attn: Janice C. Reynolds, City Clerk City Engineer
10500 Civic Center Drive 10500 Civic Center Drive
Rancho Cucamonga, California 91730 Rancho Cucamonga, California 91730 [email protected]
Re: City of Rancho Cucamonga’s (“City”) January 19, 2022, Resolution of Necessity (RON) Hearing: Objections to City’s Adoption of the RON
Dear City Council:

This firm represents Southern California Edison Company (“Edison”), owner of the property located at 8949 Etiwanda Avenue, Rancho Cucamonga, California, bearing Assessor Parcel Number 0229- 291-22 (“Property”).

This responds to the City’s notice of intent to adopt a resolution of necessity (RON), which if adopted would authorize the condemnation of portions of Edison’s Property for the City’s Etiwanda Grade Separation Project (“Project”). Edison objects to the City’s adoption of the RON and requests this letter be made a part of the record.

Background
By way of background, the Property contains Edison’s electrical infrastructure, and is also currently utilized by Edison as a laydown yard which is critical to support several of Edison’s ongoing and future electric transmission projects. Edison has been working collaboratively with the City to address the needs of the City’s Project and its impacts to Edison’s Property. However, Edison needs additional time to assess the impacts of the Project, work with the City on a relocation solution of Edison’s laydown yard, and assess appropriate compensation. Further, any acquisition of Edison’s Property would be subject to approval by the California Public Utilities Commission, which necessitates additional time. As such, Edison requests that this RON hearing be postponed to allow Edison and the City to continue working together to satisfy the Project needs, while minimizing impacts to Edison’s Property.

Objections
If the City proceeds with the RON hearing, Edison objects the City’s adoption of the RON, on the following grounds:

ATTORNEYS AT LAW
18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
T 949.833.7800
F 949.833.7878
Bradford B. Kuhn
D 949.477.7651
[email protected]

VIA FEDEX AND EMAIL
ATTACHMENT 13

Page 404 ends

December 29, 2021

Page 2 ends

60178847.v1

1. The Project Conflicts with an Existing Public Use.

The Property contains an existing public use – a variety of electrical infrastructure both above and below ground, and it is also currently utilized as a laydown yard to ensure Edison can continue upgrading its electric infrastructure. Edison uses this infrastructure to serve its millions of customers, including the City itself, as well as individual customers, businesses, and other governmental and private entities. The assets are necessary to maintain a reliable supply of electricity in Southern California and are critical for the construction of Edison’s transmission line projects.

The City has failed to establish the Project as either a more necessary public use or a compatible public use under Code of Civil Procedure section 1240.610 and section 1240.510. The City has not established that its proposed use is a more necessary use or established that its proposed use does not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future.

2. The Project Is Not Planned or Located in the Manner That Will Be Most Compatible With the Greatest Public Good and the Least Private Injury.

A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that “the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.” (Code Civ. Proc., § 1240.030, subd. (b).) Because the City has failed to thoroughly analyze and compare whether the Project impacts could be lessened in alternative locations, the City cannot make this requisite finding. As just one example, the Property currently contains electrical utility infrastructure, which serves the public good.

The City has not prepared a relocation plan, provided a Notice of Eligibility of Relocation Benefits as required by law, nor has the City analyzed the impacts of displacing or disrupting Edison’s laydown yard.

Edison has proposed a number of alternative designs which would eliminate or minimize impacts to Edison’s Property, but the City has brushed those off because it would apparently take too much time to assess an alternative design. As such, the Project is not planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. The City has Failed to Negotiate in Good Faith.

A public agency is required to make an offer to the property owner for the full amount of just compensation, and thereafter engage in good faith negotiations. (Gov. Code, §§ 7267.1, 7267.2.) California Code of Regulations, Title 25, section 6182, subdivision (i)(1) states:

Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner’s real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner’s presentation.

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December 29, 2021

Page 3 ends

60178847.v1
Subdivision (i)(1) states that if the evidence suggests a modification in the price, “an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner.” As one court explained: “Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to acquire that property by negotiation.” (Johnston v. Sonoma County Agricultural Preservation and Open Space Dist. (2002) 100 Cal.App.4th 973, 988.)
Recently enacted changes to the Eminent Domain law make even more clear the need for a negotiation period between the time of the condemning agency’s offer and the passage of a resolution of necessity. Under the law, the City was required to offer Edison $5,000 to obtain an independent appraisal in order to evaluate the City’s offer. While the City’s “offer” contains language concerning such an opportunity, the language is rendered meaningless by the fact that the City made an offer of compensation on November 23, 2021, and thereafter rushed to proceed with this RON hearing by providing notice of the RON hearing on December 22, 2021. This is amplified by the fact that Edison has been working in good faith with the City to negotiate an acquisition to satisfy the City’s Project and minimize impacts to its own Property since it received the City’s offer, only to be notified of the RON hearing less than 30 days later. This clearly violates California law. Moreover, the City’s offer is inadequate in that it does not fully address all of Edison’s Property; there is an additional portion of Edison’s Property that is apparently required for the Project, yet the City has not even made Edison an offer for that acquisition.

Conclusion
For the reasons set forth in this letter, the City Council members should not adopt the proposed resolution of necessity. Edison therefore requests that the Board members not proceed with the hearing on that resolution or, if the Board does proceed, vote to reject said resolution and allow Edison and the City sufficient time to address these issues.

Thank you for your consideration of this matter.

Regards,

Bradford B. Kuhn
Nossaman LLP

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1/19/2022 CCM - Additional Material - Item F4

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DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: 8:00 PM Time Certain: Public Hearing #3 - Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
RECOMMENDATION:

Staff recommends that the City Council receive a report from staff, and conduct a public hearing to receive public input.

BACKGROUND:

On November 8, 2016, the voters of Rancho Cucamonga approved Ordinance 887, providing for the election of four members of the City Council by four districts, with a Mayor elected at large, and establishing the boundaries and election order of each district. At that time, the Council districts were drawn using the 2010 Census data as was required by law.

Following each U.S. Census, which occurs every ten years, cities with by-district election systems must use the new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population.

By law, the City must hold at least four (4) public hearings that enable community members to provide input on the drawing of district maps. At least one hearing must occur before the city or county draws draft maps. At least two public hearings must occur after the drawing of draft maps.

The Government Code requires that a final map be adopted and submitted to the County no later than April 18, 2022.

The City has scheduled five (5) hearing dates for the Council Redistricting process. All hearings are scheduled to take place at 8:00 pm in the City Council Chambers:

Wednesday, September 15, 2021
Wednesday, November 3, 2021
Wednesday, January 19, 2022
Wednesday, February 2, 2022
Wednesday, March 2, 2022

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The first two hearings were held on September 15 and November 3, 2021. Recordings of those hearings are available at www.drawrc.org.

The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the Council shall draw and adopt boundaries using the following criteria in the listed order of priority in accordance with Elections Code 21601(c):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024

2. Respect voters’ choices / continuity in office

3. Future population growth
ANALYSIS:

The purposes for Public Hearing #3 include:
Reviewing our demographer’s preliminary analysis of the Census 2020 demographic data, including the prisoner-adjusted data released by the State of California on September 20, 2021
Review of the public mapping tool that is available for members of the public to consider the data and submit their own City Council District maps for consideration Review of any map drafts received from the public to date Reviewing the draft map(s) that have been developed to date in conjunction with the demographer
Receiving public input in communities of interest and potential district boundaries At the hearing, National Demographics Corporation and staff will review maps that have been developed to date, and any public map submittals. As of this writing, no map submittals from the public have been received.

As noted prior to the last hearing, the Council will recall that in November 2017, the City entered into a Mutual Release and Settlement Agreement with the Southwest Voter Registration Project

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(“SVREP”) and Louisa Ollague (collectively “Plaintiff”), settling a lawsuit alleging a violation of the California Voting Rights Act. Among other terms, that Agreement and its subsequent Amendment No. 1 provide for Plaintiffs’ participation in the redistricting process to occur following the 2020 Census, and specifying certain timelines for that participation. In accordance with that settlement agreement and amendment, the City submitted a draft map to the Plaintiffs for discussion and consideration by November 12, 2021.

To that end, Draft Map 103 was provided to the Plaintiffs on October 29, 2021, and then presented as one of three draft maps at the redistricting public hearing on November 3, 2021. This draft meets the required federal and state criteria, and would make minimal changes to the existing City Council District boundaries. Since that time, discussions with the Plaintiffs have been ongoing. Other draft maps are being prepared for consideration that will be presented at the January 19 public hearing, with the goal of reaching an agreement between the parties on a single map.

While discussions with the Plaintiffs are ongoing, the City Council will continue to receive public input on this matter, including map submissions from the public, for further consideration at the subsequent public hearings. These two processes – the public input and hearing process, and the timelines and processes contained in the settlement agreement - will continue to be conducted concurrently.

No further public comments have been received since the last hearing date. The public is encouraged to participate in the hearing.

Residents are encouraged to visit www.drawrc.org to follow updates on the redistricting process, review data and materials, and participate in the process by offering comments and submitting maps for consideration. The next scheduled public hearing will be held on Wednesday, February 2, 2022.

FISCAL IMPACT:

None
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

Conducting this public hearing is in keeping with the City Council’s mission to ensure and advance the quality of life for the community through inclusive decision making.

ATTACHMENTS:

N/A

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01/19/2022 CITY COUNCIL MEETING - ADDITIONAL CORRESPONDENCE RECEIVED FOR ITEM G1 From: Timothy Walker <[email protected]>
Sent: Wednesday, January 19, 2022 4:51 PM
To: City Clerk <[email protected]>
Subject: Rancho Cucamonga

Dear City Clerk,

I would like to submit a city council map for the City of Rancho Cucamonga’s redistricting process .

Below are key points of the city that are kept together in each of these districts. I’ve included the 2020 Census Blocks equivalency file along with a photo of the map submitted.

Please let me know if I forgot to include anything. Thank you and have a great day .

District 1 (Northwest)
• Keeps together the historic Alta Loma community
• Demographics, socioeconomic factors, and housing prices are the most similar • North of the 210, it takes in the portion of the city WEST of Haven • Most of the Alta Loma School District is grouped into the district • Alta Loma High School is in this district
• Absorbs the Red Hill community and adjacent neighborhoods west of Hellman Ave. and north of Foothill Blvd. • Sam Maloof House and John Rains House kept together in this district District 2 (South)
• 44.5% Latino CVAP
• Highest Black CVAP
• Serves all of the Cucamonga School District and portion of Central School District • Cities manufacturing hub is in this portion of the city • Quakes Stadium & Animal Shelter are in this district
• Northtown Community of Interest (COI) kept whole
• Keeps the entirety of the city south of Foothill Blvd. together • Doesn’t go north of Baseline Rd., east of Hermosa Ave. and west of Hellman Ave.

District 3 (Center)
• Captures the city-center of Rancho Cucamonga
• Central Park & Senior Center is included in this district • Second highest Asian and Black CVAP of all the districts • Fastest expanding section of the city
• Most diverse section of the city
• Central School District is the primary School District that serves this district, in additions to portions of Alta Loma School District and Etiwanda School District
• Rancho Cucamonga High School is in this district
District 4 (Northeast)
• Historic Etiwanda community
• Highest Asian CVAP population
• Captures the eastern end of the city, which is still expanding • North of the 210, it takes in the portion of the city EAST of Haven • Wealthier families are in this district
• Victoria Gardens Mall is apart of this district
• Most of the Etiwanda School District is in this school district • Etiwanda High School and Los Osos High School are in this district • Chaffey College is grouped into this district

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GEOID20 District

6.07E+13 2

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Rancho Cucamonga City CouncilJanuary 19, 2022

Rancho Cucamonga City Council
January 19, 2022