HomeMy WebLinkAbout17-115 - Resolutions - SUMMARILY VACATING PUBLIC SERVICE EASEMENT RESOLUTION NO. 17-115
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY VACATING PUBLIC
SERVICE EASEMENT(RIGHT TO USE INTERIM DETENTION BASIN)
A. Recitals
1. On April 26, 2006, the City of Rancho Cucamonga ("the City") approved Tentative Tract
Map No. 16114, on the condition that Trimark Pacific-Rancho Cucamonga, LLC
("Developer") construct an interim detention basin on the property, whose location is
identified as follows: within Lot 13 of Tract 16114, identified as Easement "A" on the map
depicted in Exhibit A to this Resolution, attached hereto and incorporated herein by this
reference (the "Easement").
2. The City reserved the right to use the interim detention basin for flood control purposes until
certain improvements to regional drainage facilities were made.
3. Additionally, on December 21, 2006, the City and Developer executed a Maintenance
Agreement requiring Developer to maintain the interim detention basin for the duration of
the Easement's term.
4. The specified improvements to regional drainage facilities having been made, City staff
recommends that the Easement be vacated and the Management Agreement released.
5. Consistent with the California Streets and Highways Code Section 8333(c), City staff has
determined that the Easement was a public service easement that has been superseded
by relocation, or determined to be excess by the easement holder, and there are no other
public facilities located within the Easement, and consequently may be summarily vacated
in accordance with California Streets and Highways Code Section 8335 by adopting a
resolution of vacation.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
DOES HEREBY STATE AND RESOLVE AS FOLLOWS:
1. The vacation of the easement is being made under Division 9, Part 3, Chapter 4 (Summary
Vacation) of the California Streets and Highways Code.
2. The Easement described in Recitals 1 and 2 above and more specifically identified in Exhibit
A is hereby vacated.
3. The Management Agreement described in Recital 3 above is hereby released.
4. The facts under which this summary vacation is being made are described in the above
Recitals.
5. From and after the date this resolution is recorded in the official records of San Bernardino
County, California, the Easement vacated no longer constitutes a public service easement.
6. The City Clerk shall certify the adoption of this resolution.
7. The City Clerk shall also cause a certified copy of this resolution to be recorded in
accordance with Streets and Highways Code Section 8336, in order to complete the
vacation.
Resolution No. 17-115 — Page 1 of 2
PASSED APPROVED AND ADOPTED this 6th day of December 2017.
r
L. Dennis Mic ael, M or
ATTEST:
a
tanice a olds, 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 611 day of December 2017.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 7th day of December 2017 at Rancho Cucamonga, California.
Linda r yan, City Clerk Services Director
Resolution No. 17-115— Page 2 of 2