Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Kevin Garcia, Assistant Engineer 1
Ryan C. Miller, Housing and Economic Development Analyst EO FOR: City Council Meeting of May 13, 2024
SUBJECT: Summary Vacation of Right -of -Way located at the Northeast corner of 3rd Street and County Line Road.
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 2024-15, vacating a portion of unnecessary public right-of-way located at the Northeast corner of 3rd Street and County Line Road; and
2. Approve the related actions included in the resolution; and
3. Authorize the City Manager, or his designee to execute the necessary documents to complete the right-of-way vacation process.
BACKGROUND/DISCUSSION:
On December 12, 2019, the City Council approved the environmental review document for the County Line Road Corridor Project from Calimesa Boulevard to Bryant Street (Project). The owner of the property at the corner of 3rd Street and County Line Road attended the meeting and spoke during public comment, indicating that his property is identified as a "full take" for the Project, and subsequently provided the City with a voluntary offer to sell the property to the City to facilitate the Project.
On February 10, 2020, the City Council authorized staff to negotiate with the property owner and return to City Council with a Purchase and Sale Agreement.
On March 9, 2020, the City Council approved a Purchase and Sale Agreement to acquire the entire property to complete the Project. The City Council also directed staff to return to City Council with a recommendation regarding the disposition of the remainder property once the right-of-way needs are determined, which may include selling the property and returning the proceeds of the property sale to the Project fund.
In March of 2021, the engineering and construction plans were completed for the Project and a legal description was prepared to identify the right-of-way required to construct the Project. 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 recorded the entire parcel as public right-of-way. As the entire property is not required for the Project, staff is recommending the City vacate the area identified in Resolution No. 2024-15 so that it can become a legal separate parcel.
FISCAL IMPACT:
There is no fiscal impact associated with the proposed City Council action. Staff will return to Council with a recommendation on the disposition of the remainder property, which may include selling the property and returning the proceeds of the property sale to the Project fund.
Attachments:
1. Resolution No. 2024-15
Approved
ATTACHMENT
RESOLUTION NO.2024-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA APPROVING AND ORDERING THE SUMMARY
VACATION OF RIGHT-OF-WAY, AND DETERMINED THAT THE
VACATION OF A PORTION OF THE RIGHT OF WAY IS
CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City Council of the City of Yucaipa hereby declares its intention to order the vacation of the right-of-way located at APN 0319120000, as described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by reference, ("Property"); and WHEREAS, in vacating the Property, the City Council of the City of Yucaipa elects to proceed under and in accordance with the provisions of the "Streets and Highways Code of the State of California" pursuant to Section 8330 ("Summary Vacation"); and WHEREAS, the Property is superseded by relocation due to it being rededicated and physically relocated to a new alignment, does not cut off access to any other properties along the remainder of the existing Property, does not prevent or terminate the use of any utility facilities, is not required for public road purposes, and therefore is not necessary for present or prospective public use; and
WHEREAS, based on the above recitals, the property is excess public road right-of-way that has been superseded by the relocation and may be vacated pursuant to Streets and Highway Code Section 8330; and
WHEREAS, the proposed vacation serves a public purpose by eliminating and clearing the public records of unnecessary public road right-of-way; and WHEREAS, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby finds from all the evidence presented that the Property in the City of Yucaipa and depicted in Exhibits "A" and "B" is unnecessary for present or prospective road purposes, is not being used for the dedicated purpose it was intended for, has not been used for the purpose for which it was dedicated for five years immediately preceding this vacation action, and is, therefore, hereby ordered vacated; and
1 Section 2. This public right-of-way summary vacation is hereby ordered by the City Council pursuant to the authority set forth under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code; and
Section 3. This public right of way summary vacation does not change the area land use designation and is, therefore hereby found and determined to be in conformity with the City of Yucaipa General Plan Land Use Element and Transportation Element (Streets and Highways Code Section 8313(a).); and
Section 4. It is hereby determined that vacation of a portion of the right-of-way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c); and was contemplated in the Mitigated Negative Declaration adopted for Case No. 21-026, and therefore does not require any additional environmental review pursuant to Section 15162(a); and Section 5. The public service easement identified herein is not useful for roadway purposes and it does not involve the abandonment of public right-of-way. (Streets and Highways Code Sections 8314 and 892.); and
Section 6. There are no in -place public utility facilities that are in use or that would be affected by the vacation of the public service easement as this easement does not provide for public utility facilities. (Streets and Highways Code Section 8334.5.); and Section 7. Pursuant to Section 8330 City Clerk is hereby directed Pursuant to Section 8330 of said Streets and Highways Code, the City Clerk is hereby directed to transmit this Resolution to the County of San Bernardino County Recorder; and Section 8. The City Manager or his designee is hereby authorized to take such actions as they deem necessary or proper to effectuate the purposes of this Resolution and all actions previously taken are hereby ratified; and
Section 9. From and after the date this Resolution is recorded, the public service easement identified herein shall constitute a public service easement, the vacation shall be complete, and the public service easement is established.
PASSED, APPROVED, and ADOPTED this 13th day of May, 2024.
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
2 Justin Beaver, Mayor
05/13/2024 City Council Agenda
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Exhibit "A"
Sheet i of 1
EXHIBIT "A"
GRANT DEED
That portion of Block 188, of Subdivision No.8 of a part of Yucaipa Valley, in the City of Yucaipa, County of San Bernardino, State of Califomia, as per Plat recorded in Book 19 of Maps, Pages 43 and 44, Records of said County described as follows:
Commencing at the centerline intersection of County Line Road and Third Street (formerly Second Avenue), as shown on said plat; thence North 00°00'00" West, 129.00 feet along the centerline of said Third Street; thence North 90' 00'00" East, 35.00 feet along a line that is parallel with the north line of said Block, to the Point of Beginning; thence North 90°00'00" East, 144.76 feet along said parallel line; thence South 00°00'00" West, 89.33 feet to the northerly right-of-way line (30.00 feet half width) of said County Line Road; thence South 86°56'00" West, 93.48 feet along said right-of-way line to the to the beginning of a non -tangent curve concave northeasterly and having a radius of 163.00 feet, a radial line to said curve bears South 09°17'57"West; thence northwesterly along said curve, through a central of 10°43' 18" a distance of 30.50 feet to the beginning of a compound curve concave northeasterly and having a radius of 18.00 feet; thence northwesterly along said curve, through a central of 52°39'41" a distance of 16.54 feet to the beginning of compound curve concave northerly and having radius of 243.00 feet; thence northwesterly along said curve, through a central angle of 17°57'39" a distance of 76.17 feet to the Point of Beginning.
The land described herein contains approximately 0.29 acres (12,720 square feet).
See Exhibit "B" for a plat depicting the above described property.
This real property has been described by me, or under my direction, in conformance with the Professional Land Surveyor's Act.
Professional -Land Surveyor
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CURVE TABLE
NO. RADIUS DELTA LENGTH
BEARING TABLE C1 163.00' 10'43'18" 30.50'
NO. I BEARING LENGTH C2 18.00' 52'39'41" 16.54'
L1 I N90'00'00"E 1 35.00' C3 243.00' 17'57'39" ZLJ
LEGEND
EXISTING RIGHT-OF-WAY
® AREA TO BE GRANTED (12,720 SQUARE FEET) N
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING SCALE: 1"=30'
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2305 CHICAGO AVENUE EXHIBIT 'B'
RIVERSIDE. CA 925D7 f4 �ZQ S'N\ �,
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10-ERING ; No. 4230 . �,
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RONALD A. MOSSER L.S. No." 4230
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