Attachment A
RESOLUTION NO. 24-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA,
ORDERING THE SUMMARY VACATION (ABANDONMENT) OF EASEMENTS AND
PORTIONS OF EASEMENTS FOR HIGHWAY AND ROAD PURPOSES OWNED BY THE CITY AND KNOWN AS: CALLEJA ROAD, EL REY ROAD, CALANA ROAD, TRIUNFO
ROAD, GALERERO ROAD, AND TOPAZ ROAD
WHEREAS, certain easements for highways and road purposes were offered to the County of San Bernardino by Instrument Number 811 recorded in Book 8051 Page 236 of Official Records, and by Instrument No. 586 recorded in Book 7979 Page 807 of Official Records, and by Parcel Map 2892 filed in Book 26 Page 29 of Parcel Maps of Official Records (collectively hereinafter the “Easements”); and
WHEREAS, the City of Victorville (“City” or “ Victorville”), upon annexation into the City of the land on which said Easements are located, succeeded to the interests of the County of San Bernardino and became the owner of the Easements; and
WHEREAS, upon the request of C. Eric Ray , Airport Director of Southern California Logistics Airport, proceedings under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code (“S&H Code”) are being conducted for the summary vacation and abandonment of certain portions of the Easements for CALLEJA ROAD, EL REY ROAD, CALANA ROAD, TRIUNFO ROAD, GALERERO ROAD, AND TOPAZ ROAD as described by the attached Exhibit “A” , and depicted on the attached Exhibit “B” (hereinafter collectively the “Easement Portions”); and WHEREAS, Section s 8334 and 8334.5 of the S&H Code authorize the City Council to summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes when it has been determined to be excess by the easement holder, and there are no in-place public utility facilities that are in use and would be affected by the vacation; and WHEREAS, the parcels to which the originally contemplated roads were to provide access have been merged for purposes of development , and as such, the Easement Portions are no longer needed for street or highway purposes; and
WHEREAS, after receiving a Staff Report and hearing all the evidence submitted, the City Council determined that the Easement Portions are in excess and no longer needed for street and highway purposes by the City; there are no in-place utilities within said Easement Portions; and that the Easement Portions may be vacated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals
That the Recitals set forth above are true and correct and are incorporated herein by this reference, including any definitions.
Section 2. Vacation/Abandonment of Easement Portions
That the Easement Portions described in the attached Exhibit “A” and depicted on the attached Exhibit “B” be vacated (abandoned).
Section 3. Recordation of Resolution Vacating Easement Portions That the Victorville City Clerk shall cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of San Bernardino County, State of California. Upon such recordation, this vacation shall be complete.
Section 4. CEQA
That this Easement Portions vacation is not subject to environmental review under CEQA, pursuant to CEQA Guidelines sections 15060(c)(2) and 15060(c)(3), because the action results in the vacation of easements for highways and road purposes that are not needed for such purposes, and will not have a reasonably foreseeable direct or indirect effect on the environment and/or is not a project subject to CEQA as defined in CEQA Guidelines section 15378.
Section 5. Effective Date
That this Resolution shall take effect immediately upon its adoption.
Section 6. Certification
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions; and shall make a minute of passage and adoption thereof in the records of the proceedings, in the minutes of the meeting at which this Resolution is passed and adopted.