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HomeMy WebLinkAbout19-090 - Resolution RESOLUTION NO. 19-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA SUMMARILY ORDERING THE VACATION OF A REJECTED OFFER OF DEDICATION ON THE WEST SIDE OF ARCHIBALD AVENUE APPROXIMATELY 200 FEET NORTH OF PACIFIC ELECTRIC TRAIL OVER THE NORTHERLY 30 FEET OF PARCEL 2 OF PARCEL MAP 3402, APN 0202-141-13-0000. WHEREAS, an offer of dedication for public use was made on Parcel Map 3402 on the west side of Archibald Avenue, Approximately 200 feet north of the Pacific Electric Trail, over the northerly 30 feet of Parcel 2 (the "dedicated property"). WHEREAS, prior to the City's incorporation, the County of San Bernardino rejected the offer of dedication for the dedicated property. WHEREAS, Government'Code Section 66477.2(a) provides that a previously rejected offer of dedication shall remain open, and the City Council may accept an offer of dedication at any later date. WHEREAS, Government Code Section 66477.2(c) specifically authorizes the City to terminate and abandon an offer of dedication in the same manner as prescribed for the summary vacation of streets by Part 3 of Division 9 of the Streets and Highways Code. WHEREAS, the current owner of the dedicated property has requested that the City terminate and abandon the offer of dedication of the dedicated property. WHEREAS, the City Council has found and determined that the dedicated property is no longer necessary to provide legal access to Parcel 1 of Parcel Map 3402 or to develop the City's street network in accordance with the General Plan. Accordingly, City staff has determined that the summary vacation of the offer of dedication of the dedicated property conforms to the City's General Plan; and WHEREAS, the City Council finds that, based on all of the evidence submitted in this matter, that the dedicated property is unnecessary for present or prospective public purposes NOW, THEREFORE BE IT RESOLVED by the City Council of Rancho Cucamonga as follows: SECTION 1: This vacation, termination, and abandonment of the offer of dedication for the dedicated property is made under Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code. SECTION 2: That the City Council of the City of Rancho Cucamonga hereby vacates, terminates, and abandons the offer of dedication for public use and right-of-way, as shown on map V-239, 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 Exhibit "A" and shown on the attached plat marked Exhibit "B" and by reference made a part thereof. SECTION 3: That the subject vacation shall be subject to the reservations and Resolution No. 19-090 - Page 1 of 2 exceptions, if any, for existing utilities on record. SECTION 4: That from and after the date the resolution is recorded, said excess offer of dedication no longer constitutes an offer of dedication for public use and right-of-way that the City may accept. SECTION 5: 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. PASSED, APPROVED, AND ADOPTED this 6thday of November, 2019. 4 W 40;,1-1 L. Dennis Michael, ayor ATTEST: J 'ce C (eynolds, 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 6' day of November 2019. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 7' day of November, 2019, at Rancho Cucamonga, California. e C. Reynolds, Clerk Resolution No. 19-090 - Page 2 of 2 v 2 3q EXHIBIT "A" LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL MAP No. 3402. AS PER PLAT RECORDED IN BOOK 35, PAGES 15 AND 16, INCLUSIVE OF PARCEL MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTH OF PARCEL No. 2 AND LYING EAST OF THE NORTHERLY EXTENSION OF THE WEST LINE OF PARCEL No.2,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2,AS SHOWN ON PARCEL MAP 3402,AS PER MAP RECORDED IN BOOK 35,PAGES 15 THROUGH 16,INCLUSIVE OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE NORTH LINE OF SAID PARCEL 2,NORTH 89°56'00" EAST 216.14 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,AND HAVING A RADIUS OF 20.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°27'15" AN ARC LENGTH OF 31.23 FEET, TO A POINT OF CUSP ON THE WESTERLY RIGHT-OF-WAY LINE OF ARCHIBALD AVENUE,AS SHOWN ON SAID PARCEL MAP 3402; THENCE,ALONG SAID RIGHT-OF-WAY LINE,NORTH 00°36'45"WEST 49.81 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, PARALLEL TO SAID NORTH LINE, SOUTH 89°56'00" WEST 235.86 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID PARCEL 2; THENCE, ALONG SAID PROLONGATION, SOUTH 00°26'00" EAST 30.00 FEET TO THE POINT OF BEGINNING. SAID REAL PROPERTY CONTAINING 7,161 SQ.FT.,MORE OR LESS. THE ABOVE DESCRIBED REAL PROPERTY IS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART HEREOF,ENTITLED EXHIBIT`B". THE ABOVE DESCRIPTION WAS PREPARED UNDER MY DIRECTION. ANTHONY ARO DATE P.L.S.No. 7635 aP�LAND S��G EXPIRATION DATE: 12/31/2020 O <c AN-THONY F� O HARO ; a No.7635 * Q ��gTFOF cP�-`FOQz Sheet 1 of 1 EXHIBIT "B" SHEET 1 of 1 _ _N 89056'00"E 458.95' NORTH LINE 406.72' 52.23' LOT 4 POR. LOT 4 N.E.COR. BLOCK 8 LOT 4 M.B.6/46 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT Cl 00018'00" 5769.55 30.21 15.11 VAR. C2 00036'00" 2904.93 30.42 15.21 0 to C3 00054'00" 1950.08 30.63 15.32 N M L!J C4 01037"1" 1472.69 41.63 20.82 C5 06045'14" 1472.69 173.60 86.90 w cO C6 89°27'15" 20.00 31.23 19.81 > IOA =ROAD EASEMENT PER 305/135 O.R. I Q ©=INGRESS/EGRESS EASEMENT PER 8149/70 O.R. ©=SCE EASEMENT PER 2874/401 O.R. —N 89056'00"E 407.86' 172.00' 235.86' Q u J II PARCEL"A" (7,161 S.F.) Q II 172.00' 216.14' C'6, N 89056'00"E �, P.O.B. 388.14' m w II N I PARCEL 2 'T N � 'I' N p ' CD I ;t �D II PARCEL 1 P.M. 3402 i 30 0 o V °No II P.M. 3402 P.M.B.35/15-16 `� o o of Z II P.M.B.35/15-16 o L1 =N 00°36'45"W 49.81' i N z z Q ti II N I L2=N 00°36'45"W 81.18' I o o L3=N 00'26'00"W 30.00' N� — z I _ L4=N 00°26'00"W 30.00' .II_ — — — + CD C4 c" C3 C2 C1TN 88°49'50"AE II C5 _ - -- 103.76' VAR. !! N04035'21V 1 \N01°28'10"W r�111020'35"W (R) N020581LWW 1 (R) c; (R) SOUTH LINE (R) LN02°04'10"W S.E. COR. LOT 4 _ 408.81'_(R) LOT 4 49.83' N 89058'30"W 458.64' n U i PREPARED B v 4/9 p N Y h9 co 7ORTANTHONY HA 0, PLS 7635 No. 7635 0 EXP. 12/31/20 * Exp: 12-31-2020 � 0 100' 200' C\F SCALE IN FEET