Agenda Item No. 9
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineerw Landon Kern, Assistant City Engineer
Katrina Kunkel, Associate Engineer
FOR: City Council Meeting of April 24, 2023
SUBJECT: Accept Offer of Dedication and Access Easement from Eagle Yucaipa 55, Limited Partnership located at 34232 County Line Road; APN: 0318-235-24 RECOMMENDATION:
That the City Council:
1) Accept an Offer of Dedication for Public Street Purposes from Eagle Yucaipa 55 on APN 0318-235-24; and
2) Authorize the City Manager, or his designee, to execute the necessary documents to complete the acquisition process.
BACKGROUND:
On February 7, 2018 a Land Use Compliance Review (LUCK) and Density Bonus Agreement (DBA) for a senior housing project consisting of 95 affordable rental units on a 3.48-acre property located at the northwest corner of County Line Road and 5th Street (APN: 0318-235-24) was conditionally approved by the Planning Commission. As a condition of the LUCR, the applicant is required to dedicate sufficient right -of --way to accommodate construction of the City's County Line Road and 51h Street Roundabout Project. City Council approval is required to accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes. This Offer of Dedication provides the City of Yucaipa with the half street right-of-way width along County Line Road and along 5"' Street as required by the General Plan for this intersection. This proposed action will satisfy the condition applied to this development regarding public right of way.
FISCAL IMPACT:
There is no fiscal impact as a result of this Council action.
Approved by:T'�"
Attachments: X. Location Map 34272 County Line Road
2.Offer of Dedication 34272 County Line Road
04/24/2023 City Council Agenda 124
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Attachment 2
RECORDING REQUESTED BY
AND WHEN RECORDED
RETURN TO:
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Attention: City Clerk
[SPACE ABOVE FOR RECORDER'S USE ONLY]
APN 0318-235-24-0000
Transfer Tax: SO.00
This transfer is for the benefit of the City of Yucaipa and is exempt from Recording Fees (Gout. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax. Code § 11922).
GRANT OF PERMANENT EASEMENT
WHEREAS, THE Eagle Yucaipa 55, Limited Partnership (referred to collectively as "Grantor" below) are the record fee owners of the real property located at 34232 County Line Road, Yucaipa, California 92399, and identified as San Bernardino County Tax Assessor's Parcel Number 0318-235-24-0000 ("Grantors' Property"); and WHEREAS, Grantors desire to grant to the City of Yucaipa, a municipal corporation, located in the County of San Bernardino, State of California (referred to as "Grantee" below) and Grantee desires to acquire a permanent easement from Grantors the Grantors' Property for public street purposes, and all uses necessary or convenient thereto in connection with the City's Roundabout Intersection Project.
NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Grantors hereby grant to Grantee a permanent easement for public street purposes, and all uses necessary or convenient thereto, including, but not limited to street, sewer, drainage, and utilities. The Grantor's Property is described more particularly on Exhibit "A" and depicted on Exhibit "B", which are attached hereto and incorporated herein by this reference. 04/24/2023 City Council Agenda 126
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IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below.
GRANTORS
The Eagle Yucaipa 55 Limited Partnership
Dated:
2 04/24/2023 City Council Agenda 127
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
n AM public or other officer :-Qmrletms ifs ceztficate verifies onh- the identity of the individual WhD signed B docuaimt to wMch tkus certificat@ is attached, a d net the truthfulness; accuracy, or vabdit} of that :ATE OF CALIFORNIA
OUN T`Y OF
before nw, ,
:) xte
personally appeared
(hem :mer[ name and cde of the of -,ff
otary
who proved to me on the basis of satisfactonr L%-iderwe to be the person(sl whose name;.s ) is,. -'are subr,mbed to the vtiit}un imtnmtent and acknowledged to me that he: she,+'they executed the :ate in hi:s;`herrtheir authorized capacih,(ses), and that b4 l�;herr`their mgnature(s) on the in,tnimenzt the persm(5), or the emit, Upon behalf of ;with the perssoi-t(r,) acted: executed the instn.uneitt.
I certify under PENALTY OF PERTUM' tuuier the Iiws of the State of Ca3ifomia that the foregoing paragraph is true and correct.
�NTiNESS nip• hand and official seal_
Signatise:
Descrip1don of Attached Docl ff,ent
Title or T4Fe pf D3CU=ent-
Doctiment Gate:
Other:
OPTIOA'AL
Number of Fage s;
04/24/2023 City Council Agenda 128
Exhibit "A"
Legal Description of Grantor's Property
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04/24/2023 City Council Agenda 129
EXHIBIT "A"
RIGHT-OF•NVAV DEDICATION
A.P.N. 0318-235-24-0000
THOSE PORTIONS OF BLOCK 181 OF SUBDIVISION NUMBER S OF A PART OF YUCAIPA VALLEY. IN THE. CITY OF YUCAIPA. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. RECORDED IN BOOK 20. PAGE 3, OF MAPS. RECORDS OF SAID COUNTY. SAID PORTIONS'MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
COMMENCING AT THE CENTERLINE: INTERSECTION OF COUNTY LINE ROAD \VITH FIFTH STREET (FORMERLY AVENUE A) PER SAID PLAT. THENCE ALONG THE CENTERLINE OF SAID COUNTY LINE ROAD NORTH 74°23'09" WEST 13230 FEET TO AN ANGLE POINT IN THE CENTERLINE OF SAID COUNTY LINE ROAD: THENCE CONTINUING .ALONG THI= CENTERLINE OF SAID COUNTY LINE ROAD SOUTH 72�'29'36" WEST 437.86 FEET: THENCE.
LEAVING THE CENTERLINE OF SAID COUNTY LINE ROAD NORTH 01100' 18" WEST 31.46 FEET
TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-O -WAY OF SAID COUNTY LINE ROAD. SAIDNORTHERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT 30.00 FEET NORTHERLY OF THE CENTERLINE OF SAID COI,NTY LINE ROAD. SAID POINT OF IN f ERSECT[ON BEING THE TRUE POLNT OF BEGINNING: THENCE LEAVI\G THE NORTHERLY RIGHT-OF-WAY OF SAID COUNTY LINE ROAD NORTH 0000'18" VEST 14.60 FEET: THENCE NORTH 72°29'48" EAST 116.61 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 87.00 FEET : THENCE 10.94 FEET NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL. ANGLE OF 7° 12'26" TO ,A POINT OF INTERSECTION WITH A TANGENT LINE: THENCE NORTH 79°42' 13" EAST 144.27 FEET TO A POINT OF INTERSECTION WITH A TANGENT CURVE. CONCAVE NORTHIVVESTERLY. HAVING A RADIUS OF 63.00 FEET. THENCE 5.71 FEET NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE. OF 5°11*47" TO A POINT OF INTERSECTION WITH .A COMPOUND CURVE. CONCAVF NORTHWESTERLY. HAVING A RADIUS OF 1427.00 FEET. THENCE 101.16 FEET NORTHEASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 493'42" TO A POINT OF INTERSECTION WITH A TANGENT LINE: THENCE NORTH 70°26'45" EAST 47.61 FEET TO A POINT OF INTERSECTION WITH A "TANGENT CURVE. CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 639.00 FEET:
THENCE 7.19 FEET NORTHEASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 0°38'40" TO A POINT OF INTERSECTION WITH A COMPOUND CURVE.
CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 262.00 FEET: THENCE 42.29 FEET
NORTHEASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 9°14`50" TO A POINT OF INTERSECTION WITH A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIt:S OF 676.50 FEET THENCE 16.00 FEET NORTHEASTERLY .ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 1°21' l8 TO A POINT OF INTERSECTION WITH A NON -TANGENT LINE. A RADIAL LINE PASSING THROUGH SAID POINT OF INTERSECTION BEARS SOUTH 1 1001'03" EAST. THENCE NORTH 46°55`06" EAST 14.92 FEET: THENCE NORTH 76°55'06" EAST 20.00 FEET: THENCE SOUTH 73°04'54" EAST 15,11 FEET TO A POINT OF INTERSECTION WITH A NON -TANGENT CURVE., CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 676,30 FEET: A RADIAL LINE PASSING THROUGH SAID POINT OF INTERSECTION BEARS NORTH 14°54'53" WEST: THENCE 28.65
FEET NORTHEASTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 2025'36" TO A POINT OF INTERSECTION \ ITH A COMPOUND CURVE. CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 18.00 FEET: THENCE 8.44 FEET NORTHEASTERLY ALONG SAID CONNIPOUND CURVE THROUGH A CENTRAL ANGLE OF 26031'25" TO A POINT -5-
04/24/2023 City Council Agenda 130
OF INTERSECTION WITH A TANGENT LINE. THENCE NORTH 45048'06" WEST 15.61 FEET TO A POINT OF INTERSECTION WITH A TANGENT CURVE. CONCAVE "NORTHWESTERLY.
HAVING A RADIUS OF 88.50 FEET; THENCE 35.13 FEET NORTHEASTERLY ALONG SAID TANGENT CURVE. THROUGH A CENTRAL ANGLE OF 22°44'36" TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF SAID FIFTH STREET. A RADIAL LINE PASSING THROUGH SAID POINT OF INTERSECTION BEARS NORTH 66056'31" WEST.
SAID WESTERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT 44.00 FEET WESTERLY OF THE CENTERLINE OF SAID FIFTH STREET: THENCE. ALONG THE WESTERLY RIGHT-OF-WAY OF SAID FIFTH STREET SOUTH 00000' 18" EAST 28.98 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE \ORTHWEST£RLY. HAVING A RADIUS OF
35.00 FEET: THE\CE 57.99 FEET SOUTHEASTERLY ALONG SAID TANGENT CLiRVE THROUGH A CENTRAL ANGLE OF 94056' 15" TO A POINT OF INTERSECTION WITH A REVERSE CURVE HAVING A RADIUS OF 452.32 FEET. THENCE 29.06 FEET NORTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 3°40'52" TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-4k'.AY OF SAID COUNTY LINE ROAD. SAID NORTHERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT 30.00 FEET NORTHERLY OF THE CENTERLINE OF SAID COUNTY LINE ROAD. A RADIAL LINE PASSING THROUGH SAID POINT OF INTERSECTION BEARS SOUTH 1015*05" WEST. THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID COUNTY LINE ROAD NORTH 74°33'09" WEST
17.56 FEET TO AN ANGLE POINT IN SAID NORTHERLY RIGHT-OF-WAY: THENCE
CONTINUING ALONE, THE NORTHERLY RIGHT-OF-WAY OF SAID COUNTY LINE ROAD SOUTH 72029'36" NVEST 432.10 FEET TO THE TRUE POINT OF BEGINNINYG.
THE ABOVE DESCRIBED PARCEL CONTAINS 5.670 SQUARE FEET.
THE BEARINGS FOR THIS DESCRIPTION ARE. BASED UPON THE CENTERLINE OF COUNTY LINE ROAD. AS SHOWN ON RECORD OF SURVEY 17-0180. RECORDED IN BOOK 162. PAGE 88.
OF RECORDS OF SURVEY. RECORDS OF SAN BERNARDINO COUNTY HAVING A BEARING OF WORTH 72029'36" EAST.
PARCEL 2
COMMENCING AT THE CENTERLINE INTERSECTION OF COUNTY LINE ROAD WITH FIFTH STREET (FORMERLY AVENUE A) PER SAID PLAT: THENCE ALONG THE CENTERLINE OF SAID FIFTH STREET NORTH 00000'18'' WEST 130.00 FEET: THENCE LEAVING THE CENTERLINE OF SAID FIFTH STREET SOUTH 89059'42" WEST 30.00 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF SAID FIFTH STREET. SAIL WESTERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTAItiT 30.00 FEET WESTERLY OF THE CENTERLINE OF SAID FIFTH STREET. SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE. WESTERLY RIGHT-OF-WAY OF SAII, FIFTH STREET NORTH 01100`18" WEST 183.94 FEET: THENCE LEAVING THE WESTERLY RIGHT-OF-WAY OF SAID FIFTH STREET SOUTH 89°58°29" WEST 14.00 FEET: THENCE SOUTH 00°00' 18" EAST 183.95 FEET: THENCE NORTH 89°59'42" EAST 14.00 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2.525 SQUARE FEET.
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04/24/2023 City Council Agenda 131
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ATE OF PREPARATION: 08-04-2020
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PCL.2 2,525 S.F. (0.059 ACRES)
04/24/2023 City Council Agenda 132
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
CERTIFICATE OF. ACCEPTANCE
(California Government Code § 27281)
(APN 0318-235-24-0000)
This is to certify that the real property commonly known as 34232 County Line Road, Yucaipa, California 92399, and identified as San Bernardino County Tax Assessor's Parcel Number 0318-235-24-0000 granted by the Eagle Yucaipa 55, LP, to the City of Yucaipa is hereby accepted by the undersigned officer on behalf of the City of Yucaipa under the authority of the City Council of the City of Yucaipa and the City of Yucaipa consents to the recordation thereof by its duly authorized officer.
CITY OF YUCAIPA, a municipal
corporation
Dated: _ _ .� By:
ATTEST:
Ana Sauseda, City Clerk
Approved as to form:
Steven Graham, City Attorney
Chris Mann, City Manager
10 04/24/2023 City Council Agenda 133