RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, SUMMARILY VACATING AND ABANDONING 24-FEET WIDE INGRESS AND EGRESS EASEMENTS WITHIN PARCELS 6, 7, 8, AND 9 OF PARCEL MAP 10871, AND SUMMARILY VACATING THE EASTERLY 30 FEET OF A 60-FEET WIDE NON-BUILDABLE EASEMENT WITHIN PARCEL 9 OF PARCEL MAP 10871.
THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, FINDS AND DETERMINES:
The City Council of the City of Rialto, California, is authorized by Division 9, Part 3, Chapter 4, of the Streets and Highways Code of the State of California (the “statute”), to summarily vacate a public service easement, or parts thereof, within the limits of the City.
Pursuant to Section 8333(a) of the statute, the City Council may consider summarily vacating a public service easement that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
On April 5, 1988, the City Council of the City of Rialto, California, approved Parcel Map No. 10871 for commercial and industrial purposes, subdividing land located south of Rialto Avenue into nine parcels.
The owners of Parcel Map No. 10871 dedicated thereon to the City, and the City Council accepted, certain public service easements identified as ingress and egress easements and a non-buildable easement to accommodate development anticipated on the property. Parcel Map No. 10871 was recorded July 8, 1988, in Book 128, pages 82-83, of Parcel Maps of the San Bernardino County Recorder.
On November 20, 2014, the City of Rialto approved that certain Certificate of Compliance No. 214 to accommodate Lot Line Adjustment No. 214 to consolidate and merge Parcels 6 and 7 of Parcel Map No. 10871, and to adjust the line between Parcels 8 and 9 of Parcel Map No. 10871. The adjusted parcels were reflected in that certain Document No. 2014-0453705 recorded November 26, 2014, Official Records of San Bernardino County.
The merger and adjustment of parcels rendered the 24-feet wide ingress and egress easements dedicated to and accepted by the City over and within Parcels 6, 7, 8, and 9 of Parcel Map No. 10871 as unnecessary for public use, and have not been used for public purposes since their dedication and acceptance by the City on April 5, 1988.
The proposed development of Parcel 9 of Parcel Map No. 10871 does not require, for public purposes, the easterly 30-feet of the non-buildable easement located within Parcel 9, and the non-buildable easement has not been used for public purposes since their dedication and acceptance by the City on April 5, 1988.
The City’s Circulation Element of the General Plan does not identify or require for public purposes ingress and egress easements, or non-buildable easements, located along and within private property.
In accordance with California Government Code section 65402, the proposed summary vacation and abandonment of the 24-feet wide ingress and egress easements over and within Parcels 6, 7, 8, and 9 of Parcel Map No. 10871, and the summary vacation and abandonment of the easterly 30-feet of the non-buildable easement located within Parcel 9 of Parcel Map No. 10871, were submitted to and reported upon by the Planning Commission of the City of Rialto.
On June 29, 2022, the Planning Commission of the City of Rialto determined that the proposed summary vacation and abandonment of the 24-feet wide ingress and egress easements over and within Parcels 6, 7, 8, and 9 of Parcel Map No. 10871, and the summary vacation and abandonment of the easterly 30-feet of the non-buildable easement located within Parcel 9 of Parcel Map No. 10871, was in conformance with the Rialto General Plan.
The 24-feet wide ingress and egress easements over and within Parcels 6, 7, 8, and 9 of Parcel Map No. 10871, as described in Exhibit A and depicted in Exhibit B, has been determined to be public service easements that have not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation in accordance with Section 8333(a) of the statute.
The easterly 30-feet of the non-buildable easement located within Parcel 9 of Parcel Map No. 10871, as described in Exhibit A and depicted in Exhibit B, has been determined to be a public service easement that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation in accordance with Section 8333(a) of the statute.
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”), and pursuant to the CEQA Guidelines, Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) the action to adopt this Resolution summarily vacating and abandoning public service easements is considered categorically exempt from CEQA.
THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.
Section 2: The City Council does hereby find that the 24-feet wide ingress and egress easements over and within Parcels 6, 7, 8, and 9 of Parcel Map No. 10871, as described in detail herein on Exhibit A and depicted on Exhibit B to this Resolution, are unnecessary for present or prospective use as a public service easement.
Section 3: The City Council does hereby find that the easterly 30-feet of the non-buildable easement located within Parcel 9 of Parcel Map No. 10871, as described in detail herein on Exhibit A and depicted on Exhibit B to this Resolution, are unnecessary for present or prospective use as a public service easement.
Section 4: The City Council does hereby declare that this summary vacation is being made under and pursuant to the California Streets and Highways Code Division 9, Part 3, Chapter 4, Summary Vacation, Section 8333.
Section 5: The City Clerk of the City of Rialto shall cause a certified copy of this Resolution, attested by the Clerk under seal, to be recorded in the Office of the County Recorder of the County of San Bernardino.
WHEREFORE, this Resolution is passed, approved and adopted this 12th day of July 2022.
DEBORAH ROBERTSON, Mayor
ATTEST:
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 12th day of July 2022.
Upon motion of Council Member__________, seconded by Council Member__________, the foregoing Resolution No. _____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ___________________________________
BARBARA A. McGEE, CITY CLERK
EXHIBIT “A” FOLLOWS THIS PAGE
EXHIBIT “B” FOLLOWS THIS PAGE
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