Agenda Item No. 6
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer \' Kevin Garcia, Assistant Engineer ika
Ryan C. Miller, Housing and Economic Development Analyst FOR: City Council Meeting of July 22, 2024
SUBJECT: Summary Vacation of Right -of -Way Located at the Northeast Corner of California Street and County Line Road
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 2024-52, vacating a portion of public right-of-way located at the Northeast corner of California 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 public 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 NE corner of California Street and County Line Road 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 property to complete the Project. The City Council also directed staff to return to Council with a recommendation regarding the disposition of the remainder property once the right-of-way needs for the Project were determined, which may include selling the property and returning the proceeds from the 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. 2024-52 so that it can become a legally separate parcel and the disposition of the parcel can be processed.
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 property, which may include selling the property and returning the proceeds from the sale to the Project fund.
Attachments:
1. Resolution No. 2024-52
Approved by:
ATTACHMENT 1
RESOLUTION NO. 2024-52
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 0319-271-58, 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.
Section 2.
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
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
1 Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
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
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), 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 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
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 The City Clerk is hereby directed Pursuant to Section 8330 of said Streets and Highways Code, to transmit this Resolution to the County of San Bernardino County Recorder; and
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
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 22nd day of July, 2024.
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Justin Beaver, Mayor
2 EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Block 61 of Studivision No. 6 of a part of Yucaipa Valley, in the City of Yucaipz, County of San Bei tiat dine, State of California, as per plat recorded in Book 19 of Maps, Page 37 records of said County described as follows:
Commencing at the intersection of the center line of County Line Road and California Street (formerly Yucaipa Avenue); thence North 00°01'45"East. 95.00 feet along the center line of said California Street; thence North 52°38'00" East, 37.73 feet to the easterly right-of-way line of said Califomia Street and the Point of Beginning, thence North 52°38'00" East, 6.39 feet to the beginning of a non -tangent curve, concave easterly and :raving a radius of 243.00 feet, a racial line to said curve bears South 88°28'33" West, thence. southeasterly along said curve, through a central angle of 16°22'01" a distance of 69.41 feet, to the beginning of a compound curve, concave northeasterly and :paving a radius of 18.00 feet; thence southeasterly along said curve, through a central angle of 52°40'53" a distance of 16.55 feet, to the beginning of a compound curve; concave northerly and having a radius of 163.00 feet; thence southeasterly, along said curve, thrcugh a central angle of .0°42'57" a distance of 30.49 feet to the northerly right-of-way line or said County Line Road; thence Sout1 86°55' 10" West, 57.45 feet along said northerly line, to the easterly right-of-way line of said California Street; thence North 00°C01'45" East, 86.42 feet along said easterly line to the Point of Beginning.
Containing 1,243 square feet.
Affecting: APN 0319-271-58
Sec (EXHIBIT "B") fot a plat depicting the above described property.
This real property has been described by me, or under my direct:on, in conformance with the Professional Land Surveyor's Act.
Ronald A. Musser, L.S. 4230, Exp. 6-30-20
1-?9--Za2v
3 EXHIBIT "B"
30'
A
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b
44'
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1' 1S j
/ Ncr,a1
N8555' 10"E
57.45 LEGEND
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0 COUNTY UNE pOAD
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123
P.O.B.
P.O.C.
EXISTING CENTERLINE
EXISTING RIGHT-OF-WAY
PROPOSED RIGHT-OF-WAY
RIGHT-OF-WAY TO BE ACQUIRED 1.243 SF)
POINT OF BEGINNING
POINT OF COMMENCING
SCALE: 1 "=30'
TKE ENGINEERING, INC.
2305 CHICAGO AVENUE
RIVERSIDE, CA 92507
(951) 680-0440
BRING
RONALD A. MUSSER, LS 4230
EXHIBIT 'B'
APN 0319-271-58-00D0
4