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HomeMy WebLinkAbout8588RECORDING REQUESTED BY: City of Redlands AND WHEN RECORDED MAIL DOCUMENT TO: NAME City of Redlands City Clerk's Office STREET 35 Cajon Street Suite 4 ADDRESS CITY, STATE & Redlands, CA 92373 ZIP CODE Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0118249 05/22/2024 Titles: 1 Pages: 10 10:24 AM SAN F3010 Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 FEES NOT REQUIRED Per Government Code Section 6103 SPACE ABOVE FOR RECORDER'S USE ONLY RESOLUTION 8588 STREET VACATION 192 THI R u Title of Document THIS COVER SHEET ADDED TOPROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) OR S DOC #2024-0118249 Page 2 of 10 RESOLUTION NO. 8588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS FINDING THAT EXCESS PUBLIC ROAD RIGHT-OF-WAY LOCATED OVER AN EXISTING SINGLE-FAMILY RESIDENTIAL PROPERTY LOCATED AT 665 EAST SUNSET DRIVE NORTH IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES, AND ORDERING A SUMMARY VACATION (STREET VACATION NO. 192) WHEREAS, Rick Jones, PLS (Applicant), the authorized representative for the property owner, has requested the summary vacation of a portion of excess, undeveloped right-of-way totaling approximately 4,000 square feet in area, located on a residential property with an existing single-family home at 665 E. Sunset Drive North (APN: 0176-481-01-0000); and WHEREAS, the City of Redlands is the owner of an easement granted by deed recorded on March 23, 1951 in Book 2728, Page 110 of Official Records of the City of Redland contained within the boundary of Parcel 1 of Parcel Map No. 4229, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 42, Page 84 of Parcel Maps, in the office the County Recorder of said County; and WHEREAS, the City of Redlands is the owner of an easement contained within the area of a portion of right-of-way that was previously abandoned per City of Redlands Resolution No. 3909 and recorded on July 9, 1986, as Document No. 86-180383; and WHEREAS, the City of Redlands is authorized to vacate all or part of a public street or public service easement within the City pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, Section 8300 et. seq.); and WHEREAS, pursuant to Section 8331 of the California Streets & Highways Code, the City may summarily vacate a street if the street or highway has been impassable for vehicular travel and no public money was expended for maintenance on the street during such period, and the proposal meets this criteria; and WHEREAS, pursuant to Section 8334(a) of the California Streets & Highways Code, the City may summarily vacate excess right-of-way of a street not required for street purposes, and the proposal meets this criteria; and WHEREAS, in accordance with Section 8334.5 of the California Streets & Highways Code, the street may be summarily vacated if there are no in -place public utility facilities that are in use that would be affected by the vacation, and the proposal meets this criteria; and WHEREAS, the proposal qualifies for exemption from environmental review in accordance with the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines for projects where there is no possibility of any significant environmental effects; and 1 I:\Resolutions\Res 8500-8599\8588 Street Vacation No. 192.docx-ms DOC #2024-0118249 Page 3 of 10 WHEREAS, the City has determined that the City Engineer (or other City official deemed appropriate or otherwise authorized by City) shall be authorized to (a) sign all documentation necessary to vacate and quitclaim said excess right-of-way and easements, and (b) cause such documentation to be recorded in the Official Records; and WHEREAS, on March 12, 2024, the Planning Commission held a public meeting on the proposal, and found that the vacation of the excess right-of-way would be in conformance with the City of Redlands 2035 General Plan; and WHEREAS, on May 21, 2024, the City Council held a public meeting on the proposed summary vacation, and considered all testimony provided by the applicant and any other persons interested on the proposed vacation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: SECTION 1. The proposed vacation of said portion of alley right-of-way, located at 665 E. Sunset Drive North, is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. The City Council of the City of Redlands, having elected to proceed under the provisions of Division 9, Part 3, Chapter 4 of the Streets & Highways Code of the State of California, hereby orders the summary vacation of approximately 4,000 square feet of excess right- of-way, as more specifically described in Exhibit "A" and `B" attached hereto and made a part hereof, based upon the following determinations: A. For a period of five consecutive years or more, the subject segment of public right- of-way has been impassible for vehicular traffic. B. No public money has been expended for maintenance of the subject segment of public right-of-way during the period it has been impassible. C. In accordance with Streets & Highways Code Section 892, the subject segment of public right-of-way is not useful as a motorized or non -motorized transportation facility; and D. The subject segment of public right-of-way is excess and unnecessary right-of-way for street or highway purposes. SECTION 3. The City Engineer (or other City official deemed appropriate or otherwise authorized by City) is hereby authorized to and shall sign all documentation necessary to effect the vacation of the subject excess right-of-way, at which time the subject excess right-of-way shall be vacated and no longer constitute a street, highway, or public service easement. SECTION 4. This resolution shall take effect immediately following the recordation of this Resolution by the San Bernardino County Recorder. 2 1::\Resolutions\Res 8500-8599\8588 Street Vacation No. 192.docx-ms DOC #2024-0118249 Page 4 of 10 ADOPTED, SIGNED AND APPROVED this 21st day of May, 2024. ATTEST: e Donaldson, City Clerk 3 ddie Tejeda, Mayor C\Resolutions\Res 8500-8599\8588 Street Vacation No. 192.docx-ms DOC #2024-0118249 Page 5 of 10 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 21 st day of May, 2024, by the following vote: AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None ABSENT: None ABSTAINED: None 4 e Donaldson, City Clerk I:\Resolutions\Res 8500-8599\8588 Street Vacation No. 192.docx-ms DOC #2024-0118249 Page 6 of 10 Exhibit A Legal Description Street Vacation No. 192 [Attached] 5 I:\Resolutions\Res 8500-8599\8588 Street Vacation No. 192.docx-ms DOC #2024-0118249 Page 7 of 10 GOWDA PROPERTY AFFECTED BY LUKEI DEED LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF DEED FROM LUKEI TO THE CITY OF REDLANDS RECORDED IN BOOK 2738, PAGE 110, OFFICIAL RECORDS CONTAINED WITHIN THE BOUNDARY OF, PARCEL 1 OF PARCEL MAP NO. 4229, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42, PAGE 84 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SEE EXHIBIT B ATTACHED HERETO AND MADE A PART OF THIS DECSRIPTION BY REFERENCE HEREIN. \----\\C— 2-20-2023 Page 1 of 1 DOC #2024-0118249 Page 8 of 10 Exhibit B Plat Map Street Vacation No. 192 [Attached] 6 I:\Resolutions\Res 8500-8599\8588 Street Vacation No. 192.docx-ms DOC #2024-0118249 Page 9 of 10 5 83°58'25" W 29.90' N 01 °01'08" W 25.08' N 01 °01 '08" W 15.00' N 01 °01108" W 12.39' f) LEGEND EXHIBIT B GOWDA PROPERTY AFFECTED BY LUKEI DEED 75303 55„ �Ss�� 'YE if+ dJ PARCEL 1 PM 4229 24,827 SF Stl N 3\ 11r451:472, - - PROPERTY LINE RESOLUTION PER —INST. 86-180383 A= 23°07'01 " R=120.00' L=48.42' K=13.00' PLANS PREPARED BY: RICK (FREDERICK) JONES JR. www.LandReportsCo.com 818-261-7425 RICKJONES®LANDREPORTSCO.COM Preliminary 08/2812023 4:24.14 PM 8-28-23 RICK (FREDERICK) JONES JR. DATE PLS 5458 GO' 5 30°37' 12" E 26.03' h O A=23 0701 R=120.00' L= 14.07' SHEET 1 OF 2 SCALE: 1 " = 40' DOC #2024-0118249 Page 10 of 10 EXHIBIT B GOWDA PROPERTY AFFECTED BY LUKEI DEED REFERENCES R I - LUKEI DEED INST. No. 86-1 80383 R2 - PM 4229 PM0042P0084-0084 NUMBER R I R2 BEARING DISTANCE BEARING DISTANCE I N23°34' 16"W 75.5' 530037' 12"E 75.32' 2 N45°25'W 58.64' S56°34'35"E 47.32' 3 N89°56'W 48.54' N75°33'25"E 11.26' 4 529°23'W 135.27' N40°32'25"E 99.12' 5 N83°57' 30"E (N84°0 I 'E REC) 26.99' N83°58' 25"E 36.36' 6 N40°31'30"E 98.72' N40°32'25"E 59.06' 7 N75°32'30"E 1 1.09' 556°34'35"E 26.00' 8 S3 I °23'30"E 95.37' 530°37' 12"E 112.77' 9 L=23°07'0I" K= 120.00' L=34.35' 10 (S06° 10'58"E)* (I 5.80')* * THIS TEXT SHOWN ON PM 4229 IS A TYPOGRAPHIC ERROR. THE CORRECTED NUMBER IS SHOWN IN PARENTHESIS ON THE MAP SHEET 2 OF 2