Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: June 17, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Vacation of Temporary Construction Easements on Mariposa Road and Nisqualli Road Recommendation:
That the Honorable City Council:
(1) Find the vacation not subject to environmental review under the California Environmental Quality Act, in accordance with Sections 15060(c)(2) and 15060(c)(3) of the California Environmental Quality Act Guidelines; (2) Adopt Resolution No. 25-048 vacating the temporary construction easements as described and depicted by the exhibits attached thereto and ordering the recordation of the same; and
(3) Authorize the City Manager to sign any quitclaim deeds to property owners that may be required to clear the temporary construction easements from title.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal C Community and Economic Development” in the City of Victorville Strategic Plan 2023-2026. The vacation of the temporary construction easements will allow for future development of the vacant properties.
Background:
In 2013, the City in conjunction with San Bernardino County Transportation Authority (formerly known as SANBAG at the time), completed the construction of the La Mesa/Nisqualli/I-15 Interchange Project. The project completed the construction of a new bridge over I-15, on and off-ramps to the I-15 at La Mesa Road and Nisqualli Road, and re-aligned Amargosa and Mariposa Roads to accommodate the new improvements. At that time, the City contracted with Epic Land Solutions for the right-of-way services needed for the construction of the project. This included multiple temporary construction 4 1
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easements on Mariposa Road and La Mesa Road that were to be vacated once the project’s Notice of Completion was filed. Although the project was completed in 2013, these temporary construction easements still appear as encumbrances on title of many of the properties in the project area limiting the potential development of the vacant parcels and some developed parcels as well.
Discussion:
At the request of Mr. John A. McGlade made on behalf of the current property owners at the southeast corner of Nisqualli Road and Mariposa Road, Engineering Staff reviewed the temporary construction easements in question and have determined that they may be vacated. Although SANBAG did record the Notice of Completion, it did not include the APN Nos. of the parcels with temporary construction easements and therefore they still appear as encumbrances on title.
The City Council can summarily vacate a public service easement pursuant to and in accordance with the provisions of Section 8333 of the Streets and Highways Code of the State of California, if any of the following findings are made:
(1) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (2) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(3) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Since the temporary construction easements have not been used since the project was completed in 2013, the easements can be summarily vacated by adopting and then recording with the County a certified copy of Resolution No. 25-048 (Attachment A) which contains the required findings.
Additionally, given that some of the temporary construction easements at issue were created by court-issued condemnation orders, the attached Resolution further authorizes for the City Manager to execute quitclaim deeds to the current property owners, should recording this Resolution alone not adequately clear the easements from title.
Staff remains available for any questions the Council may have.
Prepared By:
Fredy Bonilla, City Engineer
Attachments: A. Resolution No. 25-048
B. Location Map