HomeMy WebLinkAbout2020-032 - ResolutionRESOLUTION NO. 2020-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY
ORDERING THE VACATION OF AN EASEMENT FOR STREETS
AND RELATED PURPOSES ON THE NORTHEAST CORNER OF
FOOTHILL BOULEVARD AND HERMOSA AVENUE ALONG
APN 1077-601-16-0000.
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 street or highway purposes; and
WHEREAS, the City of Rancho Cucamonga accepted an easement for Street and Related
Purposes on January 11, 1995 and the said easement was recorded by easement deed on January 24,
1995 as Instrument No. 1995-0020788 in the office of the County Recorder (1995 Easement); and
WHEREAS, the 1995 Easement provided for a total of 73 feet of right-of-way north of the
center line of Foothill Boulevard along the frontage of APN 1077-601-16-0000; and
WHEREAS, on October 17, 2016, the Planning Commission of the City of Rancho
Cucamonga approved Case No. DRC2016-00006 for the development of a multi -family residential
project known as "Arte"; and
WHEREAS, in satisfaction of a condition of approval for the Arte project, the City of Rancho
Cucamonga accepted an easement for Streets, Highways, and Related Purposes on March 21,
2017 and said easement was recorded by easement deed on March 22, 2017 as Instrument No.
2017-0119651 (2017 Easement); and
WHEREAS, the 2017 Easement also ran along the frontage of APN 1077-601-16-0000
and overlapped a portion of the 1995 Easement, but only provided for a total of 60 feet of right- of -
way north of the center line of Foothill Boulevard; and
WHEREAS, the 2017 Easement is sufficient for right-of-way purposes under the General
Plan; and
WHEREAS, the 2017 Easement is consistent with the right-of-way requirements for
Foothill Boulevard and Hermosa Avenue and the City intends to retain said easement; and
WHEREAS, a request has been submitted by CRP/FPC Foothill Owner, LLC to vacate the
1995 Easement; and
WHEREAS, the City Council found all the evidence submitted that the subject rights
located on the northeast corner of Foothill Boulevard and Hermosa Avenue described in the 1995
Easement, are unnecessary for present or prospective public purposes;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
Resolution No. 2020-032 - Page 1 of 3
SECTION 1: This vacation is made under Chapter 4 of Part 3 of Division 9 of the
California Streets and Highways Code.
SECTION 2: The City Council hereby orders the vacation of the easement
described in Instrument No. 1995-0020788, attached as `Exhibit 1 — Vacation No. V-
242' as excess right -of- way, and by reference made a part hereof and permanently on
file at Rancho Cucamonga City Hall.
SECTION 3: The City Council hereby finds that the easement identified above
and referenced as the 1995 Easement is no longer required for street or highway
purposes.
SECTION 4: That the subject vacation shall be subject to the reservations and
exceptions, if any, for existing utilities on record.
SECTION 5: That from and after the date the resolution is recorded, said
excess right -of- way shall no longer constitute a street or public easement.
SECTION 6: 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 7: 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. 2020-032 - Page 2 of 3
PASSED, APPROVED and ADOPTED this 201h day of May, 2020.
ATTEST:
)dL-
` I
-01-J nice C. Reynolds, City Clerk
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
1, 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 20th day of
May 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 21 st day of May, 2020, at Rancho Cucamonga, California.
„J nice C. Reynolds, Clerk
Resolution No. 2020-032 - Page 3 of 3
t
Exhibit 1
- Vacation No. V-242
City of Rancho
Cucamonga, County
Recorded in official Records, county of
of California,
described and
San Sm-nardina ErrolMMack2um, Recorder
attached Exhibits "A" and "B".
11111I11II1IIli11111�IIlIl1111 roFee
CUP 94 08 (LLA 383)
Signature
Name Typed or Printed
19950020769 09 MM 01/24195
Assessor Parcel No.
j7� :,../
02 04
10'7? -601-10005
Lakkees
2006406
RECORDING REQUESTED BY
Samir A.
006 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
City of Rancho Cucamonga
AN ;
0.00 0.00 0.00 0.06
WHEN RECORDED MAIL TO.
FEE APF CIMS PH
CRTCPViADONAt PEidPR'•PCUR
City of Rancho Cucamonga
PG
Y.O. Box 807
Rancho Cucamonga, CA 91730
6_
NON 5 tN SYY .10TRANS TAH NO FEE CHRO
E(%AtA
-
i`_l 4 5
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Ade-e.b__A...Lakk_eas.,_.;cy J. Lakkees. •---.__._...---.._..__
Samir A. Lakkees, Robin E. Lakkees.
GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an
EASEMENT for Street and Related Purposes
in, over and
upon that certain real property in the
City of Rancho
Cucamonga, County
of San Bernardino, State
of California,
described and
shown on the
attached Exhibits "A" and "B".
Dated
Signature
Name Typed or Printed
Adeeb A.
Lakkees
j7� :,../
%%llrLty/ _ ��`�, ,� z_eZ
Nancy J,
Lakkees
2
y
Samir A.
Lakkees
AN ;
Robin E.
_
Lakkees
RCE Seal
This is to certify that the intetast in real property
conveyed by the within instru.Ment to the City of Rancho
Cucamonga, a City incorporated under the laws of the State
of California, is hereby accepted by order of the City
{ Co'uncil, and the Grantee consents to the recordation i:;_ercof
by its duly authorized officer.
DateG;- '—I f j- y B�.. rC.G4%f� '!/__....--------•-
City E 'eer
ATTACH COMPLETED NOTARY ACKNOWLEDGEMFPIT%S)
Order: 8014785 Doc: 56:1995 00020788 Page 1 of 4 Created By: rini.l Printed: 6/5/2015 3:47:38 PM PST
Exhibit 1 - Vacation No. V-242
95-020'788
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of —CaM NM+.Glr
On � kfsC l� before mer �� U�1Dids,' oaayk
DATENAM F. TITLE OF OFF •EA„'JNiE DOE. NOTARY PUDW
personally appeared i�(�2t h + 4t ►rte �. (�. lZah� �, r %-% Cbz, camel
NAME(8) OF 8nNER(8 ^ q• La yh
❑ personally known to me • OR - 0 proved to me on the basis of satisfactory ev?dance to
be the person(s) whose name(s) is/are subscribed to i
the within instrument and acknowledged to me that
-F o&e/they executed the same in Iffier/their
V ,. - - - �authorized capacity(ies), and that by fiWzr/their
LISA REYNOLDS 'p signature(s) on the instrument the person(;), or the
¢ COINi4 1002228
: NOT.wTPUeU0'C"ORIM S entity upon behalf of which the pars+n?(sj..t�I>:ryd,
Q an ma ino County 31 executed the instrument.
' WITNESS my hand and official seal.
�r�r�
.'.NA OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuablo to persons relying on tho document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHE=_j !DOCUMENT
(INDIVIDUAL T+
r
❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
i []PARTNER(S) ❑LIMITED
❑GENERAL
NUMSEROPPAGES
I
LJ AlTORN i4cY;N•FAv
❑TRUE i EE(S)
DATE OF DOCUMENT
C31UARDIAN/C'":N$EFiVA7t'C1R
OOTHER:
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PEPSON(Bj OREMITYQEe)
.
Order: 8014785 Doc: SB:1995 00020788 Page 2 of 4 Created By: rini.l Printed: 6/5/2015 3:47:38 PM PST
Exhibit 1 - Vacation No. V-242
VARIABLE WIDTH EASEMENT - FOOTHILL BOULEVARD
FOR STREET AND RELATED PURPOSES
EXHIBIT "A"
A portion of the SOuiJiwest quarter of the Southwest quarter of
the Southeast quarter of Section 2, Township 1 South, Range 7 West,
San Bernardino Meridian described as follows:
Beginning at the intersection of the North line of FooU'.Ull
Boulevard 100.00 feet wide, and the East Line of Hermosa A'7C/1i'�Ee'y
66.00 feet wide as shown on the Record of Survey Map recorded in
Book 14, Page 63 of Records of. Survey, in the office of the
Recorder of Said County; thence North 89'36'03" East along said
North line of Foothill Boulevard, a distance of 262.79 feet to the
West line of the East 360 feet of the West half of the Southwest
quarter of the Southeast quarter of said Section 2; thence North
0'12'38" West along said West line, a distance of 23.00 feet to an
intersection with a line that is parallel with and 23.0E feet
North, measured at right angles from the centerline of Foothill
Boulevard said intersection being the true point of beginning;
thence South 89'36'03" West along said parallel line, a distance of
223.53 feet; thence North 45'18'36" West, a distance of 39.93 feet
to an intersection with a line that is parallel with and 44,:0". feet
East, measured at right angles from the centerline of Hermosa
Avenue; thence South 0'14'30" East along said parallel line, a
distance of 21.22 Feet to the beginning of a tangent curve concave
to the Northeast and having a radius of 20.00 feet; thence
Southeasterly along said curve through an angle of 90'09'27", a
distance of 31.47 feet to a point of tangency with a line that is
parallel with and 60 feet North measured at right angles from the
centerline of Foothill Boulevard; thence along said line North
89'36'03" East, a distance of. 231.74 feet; thence North 0'12'38"
WeaL a ai-stance of 13.00 feet to the true point of beginning.
The above d -scribed as shown on Exhibit "B" attached hereto and by
this xefer.•encfi made a part hereof.
�O QROt ta^; \a
fig. 1 69
i
u 31 -
CIVIL EtdGIMFF.H/
L
9F C �1 ;
'.5n,
Order: 8014785 Doc: 58:1995 00020788 Page 3 of 4
Created By: rini.l Printed: 6/5/2015 3:47:38 PM PST
I
1"=100'
R - 20.00'
A > 00.0927'
L - 31.47'
Saalh tN Pod 3a.. 2
Exhibit 1 -Vacation No. V-242
`--iORTH L IRE Or SO 1!4 09 SW 1r4 Of SE 114 Cr $CC. I T• 1S.. R:�7w. San NZ tJ ,
�j 33'
/j S 89' 30, 38• E 383.18' �1
111 II :a
i
�o
a; n YOrcei A
r
�- N 89' 36' Dr E 219' +
i #
1� n
a ( c '• �
m i
it
J N 89. 35' 03' E -- 362.83'
l Road eacooent to county Parcel B °
per deed recorded z
i Oct. 2. 1988 Bk. 7104
z R o j Pg. 314 O.R.
It o I^ s 69 19' aJ• F
7 j 00.01' 1 -ti
a�a [-'tt i r
to
OJR' 3 MOT
UJip`: S:3'18'38' E 39.03'
1N b
Vorlobl* ca. nldth P A N T c
1 Rood ca. to City at rn i
Rancho Cuawnant. per 13, z �i
2hb Inrirunent.
23 «
J
100,00
I� N 89. 36' 03' E 212.79' 16r
I FOOTHILL BOULEVARD
—4-------- --_
8979'OJ' Yr J96.81'-- SECTION -LINE — -�
i
(
EXHIBIT B�-4Roti�ssroy� ,
1 LEGEND q
0 p
c L �
t-7' ��"� it
E Right of Way to b6 Dedicate ✓°+ �X11
OYI C.T.K., INC. r J
6680 DENSOR Ave £r $•;}_' 9, 'Yi
(900) AlR, ra. 91763 - .,r�t Ellsi�lr•ER
t9a9� 9a9-i7o1 ;
Lap
Order: 8014785 Doc: SB: 1995 00020788
Page 4 of 4 Created By: rini.1 Printed: 6/5/2015 3:47:38 PM PST