Agenda Item No. 12
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer V� Landon Kern, Assistant City Engineer }�
Katrina Kunkel, Associate Engineer ('"
FOR: City Council Meeting of January 10, 2022
SUBJECT: Resolution Ordering Vacation of a portion of Public Right of Way located at the northeast corner of Countv Line Road and 5th Street
RECOMMENDATION:
That City Council:
1. Conduct a public hearing and subsequently adopt the findings of fact, as set forth in the Staff Report as to why a portion of County Line Road and 5th Street is no longer necessary for public street purposes; and
2. Adopt Resolution number 2022-01 approving the vacation of portion of public right of way located at the northeast corner of County Line Road and 51h Street.
BACKROUND/DIS CUS SION:
In 2019, City Council approved the County Line Road Corridor Improvement Project (Project), which includes the design and construction of a dual -lane roundabout at County Line Road and 51h Street. The dual lane roundabout requires additional public right-of-way to accommodate the construction of the Project.
In 2020, the vacant parcel located at the northeast corner of County Line Road and 5th Street became available for purchase. At that time, the engineering design of the Project was underway and staff was aware that a portion of the property would be required to complete the construction of the Project. The City purchased the vacant parcel with the intent of dedicating the portion of the property required for the Project as public right of way and then deeming the remainder of the parcel as surplus property and subsequently selling the property.
The purchase of the vacant parcel (formerly known as APN: 0319-233-77) was approved by Council in February of 2020. With the City listed as the new owner of the property and upon recordation of the dedication of the property, the County of San Bernardino Assessor's Office identified and recorded the entire parcel as public right-of-way. -118-
City Council Meeting on January 10, 2022
Resolution Ordering Vacation of a County Line Road and 5'' Street right-of-way
In March of 2021, the engineering and design plans were completed for the Project and a legal description was prepared to identify the right-of-way required to construct the Project and the remainder of the parcel that would be deemed surplus. At this time, staff is recommending the City vacate the remainder parcel area so that it is no longer public right-of-way and it can become a legal parcel. Once the vacation of the property has been finalized, staff will move forward with the surplus property process as directed by City Council as part of the Declaration of City -owned Properties approved on September 27, 2021.
On December 13, 2021, Council adopted a Resolution of Intention to set this public hearing.
Following the adoption, posting and notice of public hearing and official notification was provided to adjacent property owners and utility companies and the Resolution of Intention was published in the local newspaper for two consecutive weeks.
Staff received responses from several utility agencies, none of whom responded with requests for easements within the proposed vacation area. No responses were received from neighboring properties.
FISCAL IMPACT:
There is no direct fiscal impact associated with this Council action.
Attaclunents: Resolution No. 2022-01
Approved by: IL"/�
-119-
RESOLUTION NO. 2022-01
RESOLUTION OF THE CITY OF YUCAIPA ORDERING THE VACATION OF A PORTION
OF PUBLIC RIGHT OF WAY LOCATED AT THE NORTHEAST CORNER OF COUNTY LINE ROAD AND 5TH STREET.
THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. That the Mayor and City Council of the City of YUCAIPA, having heard the evidence offered in relation to the proposed vacation of those certain portions of County Line Road and 5th Street, described in Resolution of Intention No. 2021-76, hereby find from all of the evidence submitted that such portions of said streets proposed to be vacated by said Resolution are unnecessary for present and prospective street purposes.
SECTION 2. . That the Mayor and City Council of the City of YUCAIPA hereby declares its intention to order the vacation of the right of way located at the northeast corner of County Line Road and 5th Street, described as follows: those portions of parcel 2 of parcel map no. 2070 as per map recorded in book 21, page 56, of parcel maps, records of San Bernardino county, state of California, said portions more particularly described as follows:
commencing at the centerline intersection of County Line Road with 5th Street (formerly Avenue A) per said plat; thence along the centerline of said 5th Street north 0°00' 18" west 104.34 feet; thence leaving the centerline of said 5th Street north 89°59'42" east 44.00 feet to a point of intersection with the easterly right-of-way of said 5th Street, said easterly right-of-way being parallel with and distant
44.00 feet easterly of the centerline of said 5th Street, said point of intersection being the true point of beginning; thence leaving the easterly right-of-way of said 5th Street south 8995 13" east 215.80 feet; thence south 00°00'27" west 124.45 feet to a point of intersection with a non- tangent curve, concave southeasterly, having a radius of 312.00 feet, a radial line passing through said point of intersection bears south 14°14'59" west; thence 71.69 feet northwesterly along said non -tangent curve through a central angle of 13°05'24" to a point of non -tangent intersection with the northerly right-of-way of said County Line Road, said northerly right-of-way being parallel with and distant 44.00 feet northerly of the centerline of said County Line Road, a radial line passing through said point of intersection bears south 01°05'24" west; thence along the northerly right-of-way of said County Line Road north 72°53'00" west 107.90 feet to a point of intersection with a non -tangent curve, concave northeasterly, having a radius of 96.50 feet, a radial line passing through said point of intersection bears north 56°59'59" east; thence 22.10 feet northwesterly along said non -tangent curve through a central angle of 13°07'20" to a point of intersection with a tangent line; thence north 29°35'14" west 14 11 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 236.50 feet; thence 56.55 feet northwesterly along said tangent curve through a central angle of 13°41 '58" to a point of non - tangent intersection with the easterly right-of-way of said 5th Street, a radial line passing through said point of non -tangent intersection bears south 74°06'44" west; thence along the easterly right-of-way of said 5th Street north 00100' 18" west 2.62 feet to the true point of beginning.
SECTION 3. It is hereby determined that the vacation of said streets is consistent with the City of Yucaipa's adopted General Plan;
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of Yucaipa or to any public utility; 1 -120-
SECTION 5. It is hereby determined that the vacation of said streets is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c).
SECTION 6. The City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office.
PASSED, APPROVED AND ADOPTED this 1Oth day of January 2022.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD, ASSISTANT CITY MANAGER/CITY CLERK
-121-