ATTACHMENT A
RESOLUTION NO. 25-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, ORDERING THE SUMMARY
VACATION OF CERTAIN TEMPORARY CONSTRUCTION
EASEMENTS LOCATED ON PROPERTIES NEAR THE INTERSECTION
OF MARIPOSA ROAD AND NISQUALLY ROAD AND SOUTH ALONG
MARIPOSA ROAD TOWARD THE INTERSECTION OF LOCUST
STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE
QUITCLAIM DEEDS TO CURRENT PROPERTY OWNERS AS NEEDED
WHEREAS, as part of the Interstate 15 (I-15) La Mesa/Nisqualli Interchange project (the “Project”) it was necessary, among other things, for the City of Victorville (the “City”), to obtain certain easements for the temporary purposes of laydown, staging and/or minor grading during construction of the Project (each a “Temporary Construction Easement”); and
WHEREAS, the City was granted a Temporary Construction Easement consisting of approximately 9,568 sq. ft. on a parcel located on the southwest corner of the intersection of Nisqually Road and Balsam Road, by means of an easement deed between Fernando L. Tan and Elvira F. Tan, husband and wife as joint tenants, grantors, and the City as grantee, which deed was recorded on December 10, 2009 as Instrument No. 2009- 0549755 in the official records of San Bernardino County (the “Easement Deed”); and
WHEREAS, said Easement Deed provided for automatic termination upon the filing of the Notice of Completion for the Project, and in such event, the City was to provide said grantors with an instrument releasing all of the City’s right, title, and interest in the Easement Deed; and
WHEREAS, pursuant to the Final Order of Condemnation issued by the Riverside Superior Court in the matter entitled City of Victorville v. I -15/Victorville, LLC et al., Case. No.
RIC10014944 (the “Condemnation Order”), which was recorded on May 31, 2012 as Instrument No. 2012-0214757 in the official records of San Bernardino County, the City acquired , among other real property interests, two Temporary Construction Easements which were legally described in Exhibit “C” of said order, the first consisting of approximately 21,044 sq. ft., and the second consisting of approximately 16,937 sq. ft.; and
WHEREAS, the two Temporary Construction Easements described in said Condemnation Order are located on southern side of Nisqualli Road where it intersects with Mariposa Road, and along the east and west frontages of Mariposa Road south toward Locust Street a Portion of Parcels 1, 2, 3, 4, 5, 6, of Parcel Map No. 20338, in Book of Parcel Maps 255, Pages 80-83 as recorded in said county; and
WHEREAS, while the Condemnation Order did not specify how or when the two Temporary Construction Easements were to terminate, such easements are transitory in nature, and it was generally understood that such Temporary Construction Easements would terminate when
construction of the Project was complete d and the City had no more use for the portions of the parcels so condemned; and
WHEREAS, while the Project was opened to traffic in the Fall of 2013 and a Notice of Completion was recorded by the San Bernardino County Transportation Authority on March 13, 2014, a number of parcels in the Project area remain encumbered by the Temporary Construction Easements, creating clouds on title; and
WHEREAS, upon the request of John A. McGlade on behalf of the current owners of the properties against which the Easement Deed and the Condemnation Order are recorded, proceedings under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code are being conducted for the summary vacation of the aforementioned Temporary Construction Easements, which are legally described in the attached Exhibit “A”, and depicted in the attached Exhibit “B”; and
WHEREAS, Streets and Highways Code section 8330 et seq. provides a procedure for the summary vacation of public easements by City Council resolution and Section 8333(a) of said Code authorizes the City Council to summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for at least five consecutive years immediately preceding the proposed vacation; and
WHEREAS, as the Project was completed over ten years ago, the Temporary Construction Easements created by the Easement Deed and Condemnation Order ( collectively hereinafter the “Subject Easements”) have remained unused for more than five years, are no longer needed, and there are no public facilities that would be affected by their vacation; and
WHEREAS, the City Engineer has advised the City Council that there are no in- place public utility facilities that are in use or would be affected by the proposed vacation, and that the Subject Easements, as described in Exhibit “A” and shown hatched on Exhibit “B” , are not required for public use and should 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 therein.
Section 2. Proceedings Under Streets and Highways Code
That the City Council elects to proceed in this matter under the provisions of Section 8333 of the Streets and Highways Code.
Section 3. Summary Vacation of Subject Easements
That the City Council approves the request to summarily vacate the Subject Easements described in the attached Exhibit “A” and shown hatched on the attached Exhibit “B ”, and authorizes the City Manager to sign any quitclaim deeds to property owners that may be required to clear the Subject Easements from title.
Section 4. Findings
That the Subject Easements being vacated are no longer needed for the purposes for which they were originally acquired and there are no public facilities that are affected by this vacation.
Therefore, from and after the date this Resolution is recorded, the Subject Easements, as described in Exhibit “A” and shown hatched on Exhibit “B”, shall be vacated in their entirety and no shall no longer constitute Temporary Construction Easements.
Section 5. Recordation of Resolution Vacating Subject Easements
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 6. California Environmental Quality Act (CEQA)
That this vacation of Temporary Construction Easements 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 that are not needed for the purposes for which they were originally required, that 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 7. Effective Date
That this Resolution shall take effect immediately upon its adoption.
Section 8. 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.