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HomeMy WebLinkAbout8280Recording requested by and when recorded return to CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 0 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk 12/08/2021 04 13 PM SAN F9343 DOC# 2021-0550415 Titles 1 Fees Taxes CA SB2 Fee Total Pages 8 $0 00 $0 00 $0 00 $0 00 (THIS SPACE FOR RECORDER'S USE ONLY) RESOLUTION NO 8280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS FINDING THAT A PORTION OF NEW YORK STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE VACATION OF A PORTION OF SAID RIGHT-OF-WAY (CITY OF REDLANDS STREET VACATION NO 181) WHEREAS, NYS, LLC, as an agent for the property owner for 370 — 404 New York Street, has submitted an application requesting vacation of a portion of right-of-way, approximately 415 linear feet in length, adjacent to the frontage of the parcels identified ash 370 — 404 New York Street (APN 0171-161-18-0000, 0171-171-34-0000, 0171-171-30-0000, 0171- 171-29-0000, and 0171-021-06-0000) in the Administrative Professional (A-P) Distnct, and WHEREAS, the City is authorized to vacate all or part of a public street pursuant to California Streets and Highway Code section 8300 et seq , and WHEREAS, pursuant to the California Streets and Highways Code 8340, the City may for public convenience and necessity reserve and except public service easements from a street vacation, and WHEREAS, at its September 14, 2021 meeting, as required by Government Code section 65402, the Planning Commission made a determination that the street vacation conforms to the City's General Plan, and WHEREAS, at its October 19, 2021, the City Council adopted Resolution No 8267 declaring its intention to vacate such portion of New York Street, and set a public heanng date and time for the proposed Street Vacation, and WHEREAS, pursuant to California Streets and Highways Code section 8320, the City Clerk subsequently caused the pubhshmg of notices in the Redlands Daily Facts, for two successive weeks pnor to the heanng, and the posting of notices along the lines of the portion of nght-of-way at least two weeks prior to the date set for the public heanng, no more than 300 feet apart, with at least three notices posted, and 1 1 \Resolutions\Res 8200 8299\8280 Approving Street Vacation No 181 docx DOC #2021-0550415 Page 2 of 8 WHEREAS, on December 7, 2021, the City Council held a duly noticed public heanng on the proposed vacation and considered all verbal and wntten testimony provided by persons interested in the proposed vacation, and WHEREAS, this City Council has adopted Resolution No 8150 determining that the Project, including Street Vacation No 181, is exempt from environmental review under the California Environmental Quality Act ("CEQA"), and WHEREAS, the City Council intends to vacate the excess right-of-way as more particularly descnbed in Exhibits "A" and "B" to this resolution, THE CITY COUNCIL OF THE CITY OF REDLANDS hereby resolves as follows Section 1 Approval of the street vacation is exempt from environmental review in accordance with the CEQA pursuant to Section 15061(b)(3) of the State Guidelines implementing CEQA because, based on the information in the staff report and presented at this hearing, it can be seen with certainty that the approval of the street vacation will have no physical effect on the environment Section 2 The City Council, having elected to proceed under the provisions of Streets and Highways Code Section 8300 et seq , and having held a public hearing as provided therein, hereby finds from all evidence submitted that a portion of nght-of-way, approximately 415 linear feet in length, adjacent to the frontage of the parcels identified as 370-404 New York Street (APN 0171-161-18-0000, 0171-171-34-0000, 0171-171-30-0000, 0171-171-29-0000, and 0171-021-06- 0000), and as more specifically descnbed in Exhibits "A" and `B" attached hereto and made a part hereof (the "Right -of -Way") is unnecessary for present or prospective public use and that the public interest and convenience require the vacation of that portion of the Right -of -Way and the termination of the public nght to use the Right -of -Way Section 3 Pursuant to Streets and Highways Code section 8340, the City reserves and excepts from the Street Vacation a permanent easement for in -place and future public utility facilities Section 4 Pursuant to Section 892 of the Streets and Highways Code of the State of California, the portion of the nght-of-way proposed to be vacated is not useful as a non -motorized transportation facility Section 5 Pursuant to Streets and Highways Code section 8325, the City Clerk is hereby directed to cause a certified copy of this resolution of vacation, attested to by the City Clerk under seal, to be recorded in the official records of the county of San Bernardino 2 I \Resolutions\Res 8200 8299\8280 Approving Street Vacation No 181 docx DOC #2021-0550415 Page 3 of 8 ADOPTED, SIGNED AND APPROVED this 7th day of De aul T Barich, Mayor ATTEST e Donaldson, City Clerk 3 I \Resolutions\Res 8200 8299\8280 Approving Street Vacation No 181 docx DOC #2021-0550415 Page 4 of 8 I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 7th day of December, 2021 AYES Councilmembers Foster, Tejeda, Davis, Guzman -Lowry, Mayor Banch NOES None ABSENT None ABSTAINED None e Donaldson, City Clerk 4 1 \Resolutions\Res 8200 8299\8280 Approving Street Vacation No 181 docx DOC #2021-0550415 Page 5 of 8 EXHIBIT "A" LEGAL DESCRIPTION 5 1 \Resolutions\Res 8200 8299\8280 Approving Street Vacation No 181 docx DOC #2021-0550415 Page 6 of 8 EXHIBIT "A" LEGAL DESCRIPTION ACCESS EASEMENT QUITCLAIM BEING A PORTION OF BLOCKS 26 AND 29 OF THE BARTON RANCH IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 6 OF MAPS, AT PAGE 19, IN THE OFFICE OF THE COUNTY RECORDER, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS THE ACCESS EASEMENT IN FAVOR OF THE CITY OF REDLANDS, AS DESCRIBED BY DOCUMENT NO 2009-0495684, RECORDED NOVEMBER 16, 2009, OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION 2/ 11 /2021 RICHARD S FURLONG, P L S 8422 DATE Page 1 of 1 Q \I I88-0175 Post Office & Buddmg A Site\MAPPING\ACCESS EASEMENT QUITCLAIM\ 1188-0175 ACCES EASEMENT Qu tclamtdoc DOC #2021-0550415 Page 7 of 8 EXHIBIT "B" MAP EXHIBIT 6 I \Resolutions\Res 8200 8299\8280 Approving Street Vacation No 181 docx DOC #2021-0550415 Page 8 of 8 LEGEND; EXHIBIT "B" ACCESS EASEMENT QUITCLAIM — INDICATES ACCESS EASEMENT IN FAVOR OF THE CITY OF REDLANDS, DESCRIBED BY DOCUMENT NO 2009-0495684, RECORDED NOVEMBER 16, 2009, OFFICIAL RECORDS TO BE QUITCLAIMED / EXISTING RIGHT OF WAY TO BE VACATED BY SEPARATE INSTRUMENT PARCEL 3 P M 18165 P M B 233/54-56 BOG\ 26 N of PNGN ?o9 9:(GN M8 6 /'\9 NEW YORK STREET SHEET 1 OF 1 NOT TO SCALE EXISTING RIGHT OF WAY TO BE VACATED BY SEPARATE INSTRUMENT PARCEL 4 P M 18165 P M B 233/54-56 29 �\ON ON R PNGN Me PARCEL 5 PM 18165 P M B 233/54-56 PARCEL 6 P M 18165 P M B 233/54-56 2/11/2021 RICHARD S FURLONG P L S 8422 DATE Engineering and Cosulting 1470 EAST COOLEY DRIVE. 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