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HomeMy WebLinkAbout2023-040 - Resolution RESOLUTION NO.2023-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF EXCESS RIGHT-OF-WAY AT THE NORTHEAST CORNER OF ROCHESTER AVENUE AND ARROW ROUTE AND ALONG THE EAST SIDE OF ROCHESTER AVENUE NORTH OF ARROW ROUTE RELATED TO CASE NO. DRC2021- 00320 WHEREAS, by Chapter 4, Article 1, section 8334, of the Streets and Highways Code the City Council of the City of Rancho Cucamonga is authorized to summarily vacate excess right-of-way of a street or highway if it is not required for the street or highway purposes; and WHEREAS, on April 12, 2023 the Planning Commission of the City of Rancho Cucamonga found and determined that the summary vacation of the subject rights herein contemplated conforms to the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject rights located on the east side of Rochester Avenue north of Arrow Route and at the northeast corner of Rochester Avenue and Arrow Route as shown on map V-245, on file in the office of the City Clerk of the City of Rancho Cucamonga, which have been further described in the legal description which is attached hereto, marked as Exhibit "A" and Exhibit "B" and by reference made a part thereof, are unnecessary for present or prospective public purposes; and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, as follows: SECTION 1: That City Council hereby orders vacating the excess street right-of-way as shown on said map V-245 and as shown on the attached Exhibit "A" and Exhibit "B" and by reference made a part thereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: That from and after the date the resolution is recorded, said excess street right-of- way no longer constitutes a street or public easement. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Resolution No. 2023-040—Page 1 of 2 PASSED, APPROVED, and ADOPTED this 31 day of May, 2023. Line B. Kennedy Mayor Pro ATTEST: a *e . Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 3`d day of May, 2023. AYES: Hutchison, Kennedy, Scott, Stickler NOES: None ABSENT: Michael ABSTAINED: None Executed this 41h day of May, 2023, at Rancho Cucamonga, California. is . Reynolds, City Clerk Resolution No. 2023-040— Page 2 of 2 Exhibit"A" HUITF-Z LLARS HUITT-'OLLA.FS INC.•.2603 Main Street•Suite 400•Irvine.CA 92614-4250•949.9E3 5815 phone•949 963.5520 fax•huttt-zollars.com R313593.02 5-11-2022 REVISED 1-4-2023 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-O&WAY VACATION Those portions of Lot 105 of the Map of Rochester, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as shown on the map filed in Book 9, Page 20, of Maps, in the office of the County Recorder of said County, more particularly being those portions of Parcel 1 of Certificate of Compliance No. 698 for Lot Line Adjustment, recorded August 1, 2014, as Document No. 2014-0279161, of Official Records in said office of the County Recorder, described in parcels as follows: Parcel A: The Easterly 3.00 feet of the land described in that certain Easement, recorded May 2, 1996, as Document No. 19960156616, of said Official Records.. Containing an area of 81 square feet, more or less. Parcel B: A portion of Parcel 2 of that certain Easement, recorded September 21, 1992, as Document No. 92-387416, of said Official Records, described as follows: Beginning at the Northeasterly corner of said Parcel 2; thence along the Northerly line of said Parcel 2 South 89°28'26" West 3.00 feet to a line parallel with and distant 34.00 feet, measured at right angles, Easterly of the Westerly line of said Parcel 1 of said Certificate of Compliance; thence leaving said Northerly line along said parallel line South 00°09'16" West 34.73 feet; thence leaving said parallel line South 18°26'00 East 22.51 feet to a point on a line parallel with and distant 34.00 feet, measured at right angles, Northerly of the Southerly line of said Parcel 1; thence along said parallel line North 89040'31" East 20.03 feet to the Easterly line of said Parcel 2, being a point of cusp with a curve concave Northeasterly, shown on said Easement as having a radius of 24.00 feet, a length of 37.98 feet, and a central angle of 90°40'50"; thence along said Easterly line the following two (2) courses: Westerly, Northwesterly, and Northerly 37.90 feet along RA\R313593.02\02\02.1 BROW VAC EXHIBIT "A" R313593.02 LEGAL DESCRIPTION-CONTINUED 5-11-2022 PAGE 2 REVISED 1-4-2023 said curve through a central angle of 90°28'45" and North 00°09'16" East 31.94 feet to the Point of Beginning. Containing an area of 218 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. NPR" LAIRD �o W• M s 5� �� -10 G� ✓Q�d cy� [ii� �� O O < 0 � O DAVID W.MACKEY, PLS 8912 NO. 8912 a LP rglF OF CAOI o Exhibit "B" 'V-245 SHEET 1 OF 1 3' N'L Y LINE PARCEL 1, 37' CERTIFICATE OF i RIGHT OF WAY DEDICATION COMPLIANCE NO. 698 PARCEL 2 DOCUMENT NO. 19960156616, O.R. PARCEL A 81 SQ.FT ,30' S'L Y LINE PARCEL 2 DOCUMENT NO. 19960156616, O.R. NIL LINE PARCEL 2 J DOCUMENT NO. 92-387416, O.R. W-. N89 28'26""E J.Do' W Q Q: N I— P.O.B. PARCEL B 4zi-, E'LY LINE PARCEL 2 Z W 2 m DOCUMENT NO, 92-387416, O.R. NOO 09'16 E N00 09'16'E Q vo W 34.73' 31.94, a PARC'CL V W o W I o Q 34' 3' C�C�G�779CA TE OF u~j o I z Q.Q z .p\gyp. 4, LOGvIPL�I,I nI�IGC NO. �08 FOR W N L J LOT um ADJUSTMENT V o J.� N1s2s'oo"w p- o°; DOCUMENT NO.� 22.51'ct PARCEL B 220VS-027QV6Vy O.R. 18 SQ.FT. ;r ROAD EASEMENT — DOCUMENT 2 N .O.R. - 92-387416, O i T S'LY LINE PARCEL 1,,T ARROW ROUTE CERTIFICATE OF (12 OF 60' WIDE RIGHT-OF-.WAY FOR o COMPLIANCE NO. 698 PUBLIC HIGHWAY PURPOSES PER i DEED RECORDED SEPTEMBER 28, 1925, IN BOOK 17, PAGE 414, O.R.) N89 40'31"E Npl LAND BASIS OF BEARINGS- BEARINGS SHOWN HEREON ARE BASED ON \0 w M SG THE BEARING BETWEEN CORS (OR GPS) `EWPP" AND CORS (OR �g ,\O 9���G GPS) "CLAR" BEING NORTH 8803'54" WEST PER RECORDS ON o c FILE IN THE OFFICE OF COUNTY SURVEYOR. a SCALE IN FEET * NO. 8912 * 0 30 60 90 sr47F OF CA1.O°�a\! SCALE. I" = 30' REVISED: 1/4/2023 HUITT -ZOLLA1RS SKETCH TO ACCOMPANY SCALE 1"=30 A LEGAL DESCRIPTION DRANK BY MB Huttt-Zollers, Inc. Irvine CHECKED BY 2603 Main Street, Sulte 400, Irvine, CA 92614 EXHIBIT 'B' DWM Phone (949) 988-5815 Fax (949) 988-5820 DAZE 511112022 APPROVED BY RIGHT OF WAY D 11412023 VA CA TION JOB No. R313593.01 R:\R313593.02\CADD & BIM\AUTOCAD\1MAPPING\DWG\EX\31359302JEX02.DWG