Agenda Item No. 13
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineervl_:�' Landon Kern, Assistant City Engineer � K
Katrina Kunkel, Associate Engineer j:J/-
FOR: City Council Meeting of January 10, 2022
SUBJECT: Resolution Ordering Vacation of a Portion of a Drainage Easement within APN 1242-541-15.
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 a public drainage easement located within APN 1242- 541-15 is no longer necessary for drainage purposes; and
2. Adopt Resolution number 2022-02 approving the vacation of portion of a public drainage easement located within APN 1242-541-15
BACKROUND/DISCUSSION:
Staff reviewed the single-family home project located at 36577 Woodbriar Street, APN 1242- 541-015 Lot 15 of Tract 9408 for vacation of a portion of the existing drainage easement. The homeowner was required to provide a Professional Engineer Certification for the drainage easement vacation. The City's Engineering Division has reviewed the certification and deemed it satisfactory.
On December 15, 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.
-122-
City Council Meeting on January 10, 2022
Resolution Ordering Vacation of a Public Drainage Easement within APN 1242-541-15
FISCAL IMPACT:
There is no additional direct fiscal impact to the City regarding this land exchange as associated staff costs are charged to the property owner/developer.
Attachments: Resolution No. 2020-02
Legal Description and Plat
Professional Engineer Certificate of Drainage Easement Vacation Approved by: O"
-123-
RESOLUTION NO. 2022-02
RESOLUTION OF THE CITY OF YUCAIPA ORDERING THE VACATION OF A PUBLIC DRAINAGE EASEMENT WITHIN APN 1242-541-15
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 a drainage easement located with APN 1242-541-15, described in Resolution of Intention No. 2021-77, hereby find from all of the evidence submitted that such portions of said drainage easement proposed to be vacated by said Resolution are unnecessary for present and prospective drainage purposes.
SECTION 2. . That the Mayor and City Council of the City of YUCAIPA hereby declares its intention to order the vacation of a portion of a drainage easement lying within Lot 15 Tract 9408, in the City of Yucaipa, County of San Bernardino, State of California, as per map recorded in Book 142, Pages 94 and 95 of Maps, in the office of the County Recorder of said county as follows:
Commencing at the southwest corner of said Lot 15; thence along the southerly line of said Lot 15, north 89°05'07" east 36.00 feet to the point of beginning; thence continuing along said southerly line, north 89°05'07" east 64.00 feet; thence leaving said southerly line, north 0°54'53" west 20.00feet to a line parallel with and distant 20.00 feet north of said southerly line; thence along said parallel line south 89°05'07" west 99.11 feet; thence leaving said parallel line, south 61°14'47" east 40.41 feet to the point of beginning.
SECTION 3. It is hereby determined that the vacation of said drainage easement 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; SECTION 5. It is hereby determined that the vacation of said drainage easememt 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 101h day of January 2022.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD, ASSISTANT CITY MANAGER/CITY CLERK
1 -124-
1 W
�
0 o
�1Q
CD
c'i
�Sy
T
Lu
o
171.02'
N23 46'S9 �
01W��,ER: NEAL J. `
}1.C'HERSON 015
APN: 1242-
0 z cs �3�2
LA
DIAMOND o PC
L5
10 1
1 VWAlkmm@CO
VANLEN CONSULTANTS
GEOMATICSO CIVIL DESIGN • PLANNING
0 0'
Z
B
Q
p JQF OWNEP,: BE'g Reolfy
O nd APN: 1242 eL621nt `-001
.e
CURVE & LINE DATA TABLE
LINEICURUE
DELTA/BRG
RADIUS
LENGTH
L1
N89'05'07"E
-
36.00'
L2
N61 14'47"W
-
27.86'
L3
S89 05'07"W
-
34.87'
L4
361 '14'47 E
-
40.41 '
L5
N09'14'30"W
-
50.00'
Cl
A-05'3148"
120.00'
11.58'
C2
A=52'00'00"
120.00'
108.91,
C3
6=46 28'12"
120.00'
97.33'
C4
A=4334'54"
150.00'
114.10'
C5
A--90'00'00"
20.00'
31.42'
C6
A=65700'00"
200.00'
226.89'
C7
A--14'32'29"
230. 00'
5& 37'
EXHIBIT "E3"
PLAT TO ACCOI✓PANY LEGAL DESCRIPTION
COUNTY OF SyANN BERNARDINO, CALIFORNIA
PREPARED BY.
AUGUST 17, 2021
SCALE: 1 "=60'
PROJECT No. 200-2021
PAGE 2 OF 2
SUBJECT
DRAINAGE EASEMENT TO
BE PAR77ALLY VACATED
-125-
VL CO
VA' NLLiN CONSULTANTS
Professional Engineer certification
of drainage easement vacation
Attention: City of Yucaipa Engineering Department.
34272 Yucaipa Blvd., Yucaipa CA 92399
RE: 36577 Woodbriar Street, Yucaipa CA, 92399 (APN 1242-541-015) The purpose of this letter is to certify the partial vacation of that certain 20' wide drainage easement located within Lot 15 Tract 9408, in the City of Yucaipa, County of San Bernardino, shown on said map and filed in Book 142, Pages 94-95 at said county.
After research of FEMA Flood Zone Map, the subject property is located within Zone X (Area of minimal flood hazard) and falls outside of and upstream from the 100 Year Flood Plain as well as the 500 Year Flood Plain. The Wildwood Canyon Topo Map on file with the County of San Bernardino was also analyzed to determine that drainage patterns of rainfall sheet to the south of subject property. In my professional opinion and after a site visit to review the existing topography, the proposed portion of said drainage easement to be vacated is no longer necessary to accommodate drainage through the subject property, nor to accommodate drainage from the adjacent parcels.
The remaining portion of said easement is sufficient to accommodate drainage from the adjacent parcel (APN 1242-621-01). See Exhibit depicting vacation.
TSANG YU HUANG
PE 85843, EXPIRES 09-30-2022
1 ( /a Z- /Z1 -7�1
DATE
-126-