ATTACHMENT A
RESOLUTION NO. 24-047
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
CALIFORNIA, ORDERING THE GENERAL VACATION (ABANDONMENT) OF
PORTIONS OF OFFERS OF DEDICATIONS OF EASEMENTS TO THE CITY OF
VICTORVILLE FOR GREENTREE BOULEVARD EAST OF HESPERIA ROAD,
SUBJECT TO THE CONDITION OF PROVIDING SUBSTITUTE ACCESS W
HEREAS, certain easements for public street use were offered to the City of Victorville (“City” or “Victorville”) on Parcel Map No. 5276 filed in Book 58 of Parcel Maps at Pages 29 and 30, Records of the County of San Bernardino, and for street, highways, sewers, drainage, public utilities, and public access purposes by those Irrevocable Offers of Dedication recorded as Document Numbers 89-350650, 89-350654, 89-350655, and 89-350656 in the Official Records of the County Recorder of said County (collectively hereinafter the “Easements”); and W
HEREAS, on May 20, 2024, pursuant to the requests property owners Kenneth Mudge and Joeseph Brady, and the concurrence of the Victorville City Engineer, in accordance with Division 9, Part 3, Chapter 3 of the California Streets and Highways Code (“S&H Code”) Sections 8320 through 8325 (the “General Vacation Procedure ”), proceedings were initiated for the vacation of certain portions of said Easements for Greentree Boulevard, as are described in the attached Exhibit “A”, and depicted on the attached Exhibit “B” (hereinafter collectively the “Easement Portions”); and W
HEREAS, following consideration of the City’s General Plan and a determination that the Easement Portions being vacated are not useful as a non -motorized transportation facility (e.g., a bikeway) because the City’s circulation element geometric includes such facilities within the remaining right -of-way not being vacated , the General Vacation Procedure authorizes the City Council of the City, upon conducting a duly noticed public hearing, to vacate a street (with or without conditions) upon making a finding that such street is unnecessary for present or prospective public use; and
W
HEREAS, the City Clerk scheduled a public hearing for June 18, 2024, at 6:00 pm, in the Council Chambers of City Hall, at 14343 Civic Drive, Victorville, California 92392 and prepared a notice of public hearing; and
W
HEREAS, said notice of public hearing contained a description of the Easement Portions proposed to be vacated; a reference to a map or plan that showed the area to be vacated; a statement that the vacation proceeding was being conducted under Division 9, Part 3, Chapter 3 of the S&H Code; and the date, hour, and place for hearing all persons interested in the proposed vacation, which hearing date was not less than 15 days after date of the initiation of proceedings set forth above; and
W
HEREAS, said notice of public hearing was published for at least two successive weeks prior to the hearing date in a newspaper published and circulated in the City of Victorville; and WHEREAS, at least two weeks before the date set for the public hearing, the City posted conspicuously notices of vacation along the line of the Easement Portions proposed to be vacated in accordance with S&H Code Section 8323; and
WHEREAS, after receiving a Staff Report and hearing all the evidence submitted at the public hearing, the City Council finds that said Easement Portions of Greentree Boulevard described in the notice of public hearing (and in the attached Exhibit “A” and Exhibit “B”) are not useful as non- motorized transportation facilities, are unnecessary for present or prospective public use, and may therefore be vacated, subject to first satisfying the conditions set forth in herein requiring the submission to the City of a replacement access and utility easement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, 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; Conditions That the Easement Portions of Greentree Boulevard described in the attached Exhibit “A” and depicted on the attached Exhibit “B” be vacated (abandoned) following satisfaction of the following conditions:
1. An access and utility easement to and from an improved public street, benefitting that property described in the attached and incorporated Exhibit “C” (APN 3090-331-05), at a location to be approved by the Victorville City Engineer, shall be obtained by the owner of APN 3090-331-05 from the adjacent property owner(s) and recorded with the San Bernardino County Recorder. The access easement shall be a covenant running with the land.
2. A certified copy of said access easement shall be provided to the City of Victorville and attached to this Resolution prior to its recordation.
Section 3. Recordation of Resolution Vacating Easement Potions That the Victorville City Clerk shall, upon the satisfaction of the conditions set forth in Section 2 hereof, 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 streets, highways, sewers, drainage, public utilities, or public access 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.
EXHIBIT “C”
(Description of property to have replaced access to public street APN 3090-331-05)
That certain real property situated in the City of Victorville, Count y of San Bernardino, State of California, being the Northeast one-quarter of the Northeast one- quarter, of the Northwest one- quarter of the Northwest one-quarter of Section 27, of Township 5 North, Range 4 West, San Bernardino Base and Meridian, according to the Official Plat thereof.