AGENDA REPORT
DATE: May 12, 2025
Item No. 11
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer - ` Landon Kern, Assistant City Engineer L l"
Crystal Campbell, Associate Engineer LK c-(
SUBJECT: Summary Vacation of Right -of -Way located at 12475 5th Street RECOMMENDATION:
That the City Council:
1) Adopt Resolution No. 2025-08, vacating a portion of unnecessary public right-of-way located at 12475 5th Street; and
2) Approve the related actions included in the resolution; and 3) Authorize the Interim City Manager, or her designee to execute the necessary documents to complete the right-of-way vacation process.
BACKGROUND/DISCUSSION:
On February 22, 2016, the City Council approved the environmental review document for the Intersections Along Avenue E Project (Project), and authorized staff to proceed with the right-of-way acquisition necessary for the roundabout intersections improvements along Avenue E at the intersections of Bryant Street, 2nd Street, 3rd Street, 4th Street and 5th Street.
On March 22, 2021, the City Council approved the right-of-way acquisition appraisals and authorized staff to negotiate with property owners and return to the City Council with purchase and sale agreements.
On September 20, 2022, the City Council approved a Purchase and Sale Agreement to acquire the entire property at 12475 5th Street, located near the northeast corner of Avenue E and 5th Street.
In February of 2024, the engineering and construction plans were completed for the 5th Street Roundabout portion of the Project. A legal description was later prepared to identify the right-of-way required to construct the Project along the frontage of the subject property.
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. 2025-08 so that it can become a legal separate parcel.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact.
Attachments:
1. Resolution No. 2025-08
Approved by:
ATTACHMENT 1
RESOLUTION NO. 2025-08
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 0319-012-20, 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
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 12th day of May, 2025.
John Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
City Clerk
EXHIBIT "A"
DESCRIPTION OF PROPERTY
EXHIBIT "A"
GRANT QEeo
LEGAL DESCRIPTION
BEING A PORTION OF LOT 35 OF SUBDIVISION NO, 3 OF YUCAIPA VALLEY, IN THE CITY OF
YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 19 OF MAPS, PAGES 1 AND 2, RECORDS OF SAID COUkY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF 5th STREET AND AVENUE "E" ALSO BEING THE SOUTH WEST CORNER OF SAID LOT 35;
THENCE NORTH ALONG THE CENTERLINE OF 5th STREET 70.00 FEET; THENCE EAST 41.21 FEET TO THE POINT OF BEGINNING;
THENCE N 01'15'24" W 55.01 FEET;
THENCE N 40'05'40' E 6.54 FEET;
THENCE EAST 125.00 FEET;
THENCE SOUTH 70.00 FEET;
THENCE WEST 126.79 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED PARCEL CONTAINS 9058.22 SQUARE FEET. MORE OR LESS AND AS SHOWN ON EXHIBIT "B" AND BY REFERENCE BEING MADE A PART HEREOF.
' 44'
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— — 44.00'
V J
I
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2 41.1'
F-
Q — — —
O L—
Z 1
44'
S o DMMON 270.3 =GAGA VALLBY
Mo 19/1-2
EAST 170.00'
126.00'
P.O.C. SW CORNER
LOT 35 MB 19/ 1--2
128.79 ''
EAST 170.00'
-----LINE DATA-----
L1aN 01'15'24" W 65.01'
L2-N 40 *06'40" E 6.54'
AVENUE E
LOT 3B