Agenda Item No. 11
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Katrina Kunkel, Associate Engineer 0-
FOR: City Council Meeting of September 12, 2022
SUBJECT: Accept Offer of Dedication from Live Oak Canyon Investments, LLC located at 32303 Live Oak Canyon Road; APN: 0301-201-38
RECOMMENDATION:
That City Council:
1) ,Accept an Offer of Dedication for Road and Utility Purposes from Live Oak Canyon Investments, LLC on APN 0301-201-38; and
2) Authorize the City Manager, or his designee, to execute the necessary documents to complete the acquisition process.
BACKGROUND/DISCUSSION:
On August 17, 2022 a Conditional Use Permit (CUP) to provide continuous authorization and holding of annual cvents, including a Pumpkin Patch and Christmas Tree Farm, on a 64-acre project site located at the southeast corner of Live Oak Canyon Road and the I-10 easthound on - ramp was conditionally approved by the Planning Commission.
Conditions of approval for the CUP include a requirement to dedicate additional right of way along Live Oak Canyon Road and a requirement to construct street widening and improvements along the frontage of the project site. The street widening and improvements along Live Oak Canyon Road are adjacent to the City's Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy-10 South. This project in included in the City's FY 2022/2023 Capital Improvement Program and includes signalization and intersection improvements at the Live Oak Canyon Road and Outer Highway South intersection and includes a fourth approach at the intersection which will serve as an access point to the Live Oak Canyon Investments (Pumpkin Patch) property. The Project also includes curb, gutter, and sidewalk on the east side of Live Oak Canyon Road that will join with the street and widening improvements to be constructed by Live Oak Canyon Investments as required by the CUP.
Since the engineering design of the City Project includes the widening of Live Oak Canyon Road along their frontage, the proposed conditions of approval for the CUP also include a requirement for -209-
City Council Meeting of September 12, 2022
Accept Offer of Dedication from Live Oak Canyon Investments, LLQ APN 0301-201-38
Live Oak Canyon Investments to pay for the engineering design of the widening along their Frontage and their share of the engineering design costs of the City Project as well, currently estimated at $24,500.
The proposed Offer of Dedication provides the City of Yucaipa with the half -street right of way width required by the General Plan. City Council Approval is required to Accept Easements or Offers of Dedication for Public Road/Highways and Utility Purposes.
The construction of the street widening and improvements is nearly complete and is being inspected by city staff to ensure it is completed per the approved plans and specifications FISC'A I � I M VAC T:
There is no fiscal impact as a result of this Council action.
Approved by: I{
Attachments: Location Map 32303 Live Oak Canyon Road
Offer of Dedication
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RECORDING REQUESTED BY AND
MAIL TO:
CITY OF YUCAIPA, CITY CLERK
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
Township_ Range_ Sec.
Name:
Action, SFR I'mccl
This is to certify that the Dedication
offered by this instrument is accepted'
and consent given for the recordation hereof
by action of 1he City Council for the City of
Yuoxipa o17 in accoidanae with Government Code
Section 27281.
Date
By
City Clark
Government Code 6103 SPACE ABOVE FOR RECORDER'S USE ONLY Recording Fee O
APN: 0301-201-35-0000 OFFER OF DEDICATION
(Government Code 7050)
THE UNDERSIGNED Live Oak Canyon Investments, LLC hereby irrevocably OFFER TO DEDICATE to the CITY OF YUCAIPA, a MUNICIPAL CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA, and to the PUBLIC IN GENERAL, an EASEMENT for Public Roads and Public Utilities in., under, over, through and across the following described real property in the County of San Bernardino, State of California:
See EXHIBIT "A" AND "B" attached hereto and made a part of this document.
Dated: 311z
By:
(Please attach All -Purpose Acicnowledgrnent)
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CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
On &7&! -7-7, 2022 before me, Nels C. Henderson, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their al.lthorized capacity(ies), and that by hisfierAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
_ NELS C. HENDERSON
WITNESS my hand and official seal. COMM. 02400677 z
Notary Public - California -0
ZZ
z Santa Barbara County 0
Gomm. E . 27 2425
Signature
The preceding Certificate of Acknowledgement is attached to a document titled/for the purpose of:
Containing pages, and dated/
The signer(s) capacity or authority is/are as:
Individual(s)
❑
Attorney -in -Fact
❑
Corporate Officer(s):
❑
Guardian/Conservator
❑
Partner - Limited/General
❑
Trustee(s)
Representing:
[SEAL]
Proved to me on the basis of satisfactory
evidence:
�f Form(s) of Identification
❑ Credible Witness(es)
Notarial Event is detailed in notary journal on:
Page # -L'ZJ Entry # E)
Notarized by:
Nels C. Henderson, Notary Publio
Santa Barbara Mobile Notary
http://www.sbmobilenotary.com
(805) 335-8360
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EXHIBIT A
All that portion of Parcel 1 as shown on Parcel Map No. 19967 in the City of Yucaipa as per plat recorded in Parcel Map Book 251, pages 33-36, records of the County of San Bernardino, State of California and more particularly described as follows;
Commencing at the most Southwesterly corner of said Parcel 1, said corner being a point lying 44 feet Easterly of the centerline of Live Oak Canyon Road as shown on said Map; THENCE along the Westerly line of said Parcel 1 N.41"09'31"E. a distance of 62.94 feet; THENCE continuing along said Westerly line N.73°26'04"E. a distance of 95.87 feet; THENCE continuing along said Westerly line N.16"33'56"W, a distance of 77.11 fleet to the True Point of Beginning;
THENCE continuing along said Westerly line, said line lying 30 feet Easterly of said centerline, N.41'09'31"E. a distance of 1273.98 feet;
THENCE continuing along said Westerly line N.68"19'54"E. a distance of 36.25 feet; THENCE continuing along said Westerly line N.45°54'59"E. a distance of 94,84 feet; THENCE continuing along said Westerly line N.62"21'02"E a distance of 17.60 feet to a Point that lies 44 feet Easterly of the Centerline of improvement of Live Oak Canyon Road as shown on said Parcel Map, said Point also being the beginning of a non -tangent curve, concave to the east and having a radius of 4877.69 feet;
THENCE continuing along the arc of said curve, said curve lying 44 feet Easterly of said Centerline of Improvement, a distance of 172.00 feet through a central angle of 2'01'14"; THENCE S01"19'28"E a distance of 18.39 feet;
THENCE S40g32'19"W a distance of 66.08 feet;
THENCE S88'01'34"W a distance of 18.73 feet to a point that lies 47 feet Easterly of the Centerline of improvement of Live Oak Canyon Road as shown on said Parcel Map, said Point also being the beginning of a non -tangent curve, concave to the east and having a radius of 4874,69 feet; THENCE continuing along the arc of said curve, said curve lying 47 feet Easterly of said Centerline of fmprovement, a distance of 140.19 feet through a central angle of 1°38'52"; THENCE continuing along a line that lies 47 feet Easterly of the centerline of said Live Oak Canyon Road S.41a09'31"W, a distance of 1023.65 feet to a point on the Westerly line of said Parcel 1 that lies S.16"33'56"E. a distance of 20.11 feet from the True Point of Beginning; THENCE N.16"33'56"W. a distance of 20.11 feet to the True Point of Beginning.
Said Parcel contains 24,184 sf more or less.f` .
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