HomeMy WebLinkAbout2025-0139955cording Requested By:
CITY OF VICTORVILLE
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CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392
Recorded in Official Records
San Bernardino County
Assessor -Recorder -County Clerk
DOC# 2025-0139955
06/18/2025
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Recording of this document is fee -exempt under Government Code Section 27383
RESOLUTION/ORDINANCE
City Council Number 25-048 of the City of Victorville
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, ORDERING THE SUMMARY VACATION
(ABANDOMENT) OF TEMPORARY CONSTRUCTION EASEMENTS CREATED PER ORDER OF CONDEMNATION RECORDED ON MAY 31,
2012, AS INSTRUMENT No. 2012-0214757 ALONG WITH TEMPORARY CONSTRUCTION EASEMENT RECORDED ON DECEMBER 10,
2009, AS INSTRUMENT No. 2009-0549755 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY RECORDER.
DOC #2025-0139955 Page 2 of 12
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF VICTORVILLE
ss.
I, Jennifer Thompson, City Clerk of the City of Victorville and ex-officio Clerk of the City
Council of said City, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 25-048 which was adopted at a meeting of the City Council of the City of
Victorville held on the 17th day of June 2025, the original of which is on file in my office, and
that I have carefully compared the same with the original.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Victorville to be affixed hereto this 18th day of June 2025.
Vic
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Jenn Thompson, City Clerk
City ofVictorville
DOC #2025-0139955 Page 3 of 12
Resolution No. 25-048
PASSED, APPROVED, AND ADOPTED this 17th day of JUNE 2025.
Elizabeth Becerra, Mayor
Attest:
Approved as to form:
Attorney
I, JENNIFER THOMPSON, City Clerk of the City of Victorville and ex-officio Clerk
to the City Council of said City, do hereby certify that the foregoing is a true and
correct copy of Resolution No. 25-048 which was adopted at a regular meeting
held on the 17th day of JUNE 2025, by the following roll call vote, to wit:
AYES: Mayor Becerra, Councilmember Gaudin, Councilmember Harriman,
and Councilmember Jones
NOES: None
ABSENT: Councilmember Irving
ABSTAIN: None
DOC #2025-0139955 Page 4 of 12
RESOLUTION NO.25-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, ORDERING THE SUMMARY
VACATION OF CERTAIN TEMPORARY CONSTRUCTION
EASEMENTS LOCATED ON PROPERTIES NEAR THE INTERSECTION
OF MARIPOSA ROAD AND NISQUALLY ROAD AND SOUTH ALONG
MARIPOSA ROAD TOWARD THE INTERSECTION OF LOCUST
STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE
QUITCLAIM DEEDS TO CURRENT PROPERTY OWNERS AS NEEDED
WHEREAS, as part of the Interstate 15 (I-15) La Mesa/Nisqualli Interchange project (the
"Project") it was necessary, among other things, for the City of Victorville (the "City"), to obtain
certain easements for the temporary purposes of laydown, staging and/or minor grading during
construction of the Project (each a "Temporary Construction Easement"); and
WHEREAS, the City was granted a Temporary Construction Easement consisting of
approximately 9,568 sq. ft. on a parcel located on the southwest corner of the intersection of
Nisqually Road and Balsam Road, by means of an easement deed between Fernando L. Tan and
Elvira F. Tan, husband and wife as joint tenants, grantors, and the City as grantee, which deed was
recorded on December 10, 2009 as Instrument No. 2009-0549755 in the official records of San
Bernardino County (the "Easement Deed"); and
WHEREAS, said Easement Deed provided for automatic termination upon the filing of
the Notice of Completion for the Project, and in such event, the City was to provide said grantors
with an instrument releasing all of the City's right, title, and interest in the Easement Deed; and
WHEREAS, pursuant to the Final Order of Condemnation issued by the Riverside
Superior Court in the matter entitled City of Victorville v. I-15IVictorville, LLC et al.,_Case. No.
RIC10014944 (the "Condemnation Order"), which was recorded on May 31, 2012 as Instrument
No. 2012-0214757 in the official records of San Bernardino County, the City acquired, among
other real property interests, two Temporary Construction Easements which were legally described
in Exhibit "C" of said order, the first consisting of approximately 21,044 sq. ft., and the second
consisting of approximately 16,937 sq. ft.; and
WHEREAS, the two Temporary Construction Easements described in said Condemnation
Order are located on southern side of Nisqualli Road where it intersects with Mariposa Road, and
along the east and west frontages of Mariposa Road south toward Locust Street a Portion of Parcels
1, 2, 3, 4, 5, 6, of Parcel Map No. 20338, in Book of Parcel Maps 255, Pages 80-83 as recorded in
said county; and
WHEREAS, while the Condemnation Order did not specify how or when the two
Temporary Construction Easements were to terminate, such easements are transitory in nature, and
it was generally understood that such Temporary Construction Easements would terminate when
DOC #2025-0139955 Page 5 of 12
construction of the Project was completed and the City had no more use for the portions of the
parcels so condemned; and
WHEREAS, while the Project was opened to traffic in the Fall of 2013 and a Notice of
Completion was recorded by the San Bernardino County Transportation Authority on March 13,
2014, a number of parcels in the Project area remain encumbered by the Temporary Construction
Easements, creating clouds on title; and
WHEREAS, upon the request of John A. McGlade on behalf of the current owners of the
properties against which the Easement Deed and the Condemnation Order are recorded,
proceedings under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code are
being conducted for the summary vacation of the aforementioned Temporary Construction
Easements, which are legally described in the attached Exhibit "A", and depicted in the attached
Exhibit `B"; and
WHEREAS, Streets and Highways Code section 8330 et seq. provides a procedure for the
summary vacation of public easements by City Council resolution and Section 8333(a) of said
Code authorizes the City Council to summarily vacate a public service easement when the
easement has not been used for the purpose for which it was dedicated or acquired for at least five
consecutive years immediately preceding the proposed vacation; and
WHEREAS, as the Project was completed over ten years ago, the Temporary Construction
Easements created by the Easement Deed and Condemnation Order (collectively hereinafter the
"Subject Easements") have remained unused for more than five years, are no longer needed, and
there are no public facilities that would be affected by their vacation; and
WHEREAS, the City Engineer has advised the City Council that there are no in -place
public utility facilities that are in use or would be affected by the proposed vacation, and that the
Subject Easements, as described in Exhibit "A" and shown hatched on Exhibit `B", are not
required for public use and should be vacated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE
DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals
That the Recitals set forth above are true and correct and are incorporated herein by this reference,
including any definitions therein.
Section 2. Proceedings Under Streets and Highways Code
That the City Council elects to proceed in this matter under the provisions of Section 8333 of the
Streets and Highways Code.
DOC #2025-0139955 Page 6 of 12
Section 3. Summary Vacation of Subject Easements
That the City Council approves the request to summarily vacate the Subject Easements described
in the attached Exhibit "A" .and shown hatched on the attached Exhibit `B", and authorizes the
City Manager to sign any quitclaim deeds to property owners that may be required to clear the
Subject Easements from title.
Section 4. Findings
That the Subject Easements being vacated are no longer needed for the purposes for which they
were originally acquired and there are no public facilities that are affected by this vacation.
Therefore, from and after the date this Resolution is recorded, the Subject Easements, as described
in Exhibit "A" and shown hatched on Exhibit `B", shall be vacate_ d in their entirety and no shall
no longer constitute Temporary Construction Easements.
Section 5. Recordation of Resolution Vacating Subject Easements
That the Victorville City Clerk shall cause a certified copy of this Resolution to be recorded in the
Office of the County Recorder of San Bernardino County, State of California. Upon such
recordation, this vacation shall be complete.
Section 6. California Environmental Quality Act (CEQA)
That this vacation of Temporary Construction Easements is not'subject to environmental review
under CEQA, pursuant to CEQA Guidelines sections 15060(c)(2) and 15060(c)(3), because the
action results in the vacation of easements that are not needed for the purposes for which they were
originally required, that will not have a reasonably foreseeable direct or indirect effect on the
environment and/or is not a project subject to CEQA as defined in CEQA Guidelines section
15378.
Section 7. Effective Date
That this Resolution shall take effect immediately upon its adoption.
Section 8. Certification
That the City Clerk shall certify to the passage and adoption of this Resolution;. shall enter the
same in the book of original Resolutions; and shall make a minute of passage and adoption thereof
in the records of the proceedings, in the minutes of the meeting at which this Resolution is passed
and adopted.
DOC #2025-0139955 Page 7 of 12
Exhibit "A"
Temporary Construction Easement Created by the Easement Deed
That portion of Parcel 1 of Parcel Map No. 15501, in the City of Victorville, County of San
Bernardino, State of California as per plat recorded in Book 189 of Parcel Maps, Pages 93 and
94, in the Office of the County Recorder of said County described as follows:
COMMENCING at the Northwest corner of said Parcel 1; thence South 00"35'24" East, 5.483
meters (17.99 feet) along the westerly line of said Parcel 1 to the POINT OF BEGINNING;
thence North 88045'04" East, 47.405 meters (155.53 feet); thence North 87°15'01" East,
69.801 meters (229.01 feet): thence North 88°45'04" East, 8.250 meters (27.07 feet) to the
beginning of a curve concave Southwesterly having a radius of 12.190 meters (39.99 feet);
thence Southeasterly, 19.286 meters (63.27 feet) along said curve through a central angle of
90039'14" to the easterly line of said Parcel 1; thence South 89024'17" West, 2.997 meters (9.83
feet): thence North 01 °52'01" West, 3.772 meters (12.37 feet); thence North 45055'04" West,
4.170 meters (13.68 feet); thence South 86053'28" West, 131.813 meters (432.46 feet) to said
westerly line: thence North 00°35'24" West, 7.398 meters (24.27 feet) along said westerly line to
the POINT OF BEGINNING.
Containing 888.9 square meters (9,568 square feet), more or less.
Gary X Lewis
P.L.S. 8601
6�/2d�5
A.
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Page 1 of 3
DOC #2025-0139955 Page 8 of 12
First Temporary Construction Easement Created by Condemnation Order
That portion of Parcel 2 of Parcel Map No. 8948 in the City of Victorville, County of San
Bernardino, State of California, as per Map recorded in Book 94 of Parcel Maps, Pages 53 and
54, in the Office of the County Recorder of said County, described as follows:
COMMENCING at the Northeast comer of said Parcel 2; thence South 00°35'24" East, 5.483
meters (17.99 feet) along the Easterly line of said Parcel 2 to the POINT OF BEGINNING; thence
continuing South 00°35'24" East, 8.007 meters (26.27 feet) along said Easterly line; thence South
86053'28" West,13.042 meters (42.79 feet); thence South 44*05'18. West,17.916 meters 158.78
feet); thence South 06°26'59" West, 80.288 meters (263.41 feet) to the beginning of a curve
concave Northwesterly having a radius of 346.000 meters (1135.17 feet); thence
Southwesterly 86.452 meters (283.63 feet) along said curve through a central angle of 14"18'58"
to the Southerly line of said Parcel 2; thence South 88° 44'33" West, 6.905 meters (22.65 feet)
along said Southerly line to a point on a non -tangent curve concave Northwesterly having a radius
of 332.163 meters (1089.77 feet), a radial through said point bears South 69012'59"'East; thence
Northeasterly 123.811 meters (406.20 feet) along said curve through a central angle of
21°21'23"; thence North 00°34'22" West, 51.186 meters (167.93 feet); thence North 44°05'05"
East, 17.164 meters (56.31 feet); thence North 88°45'04" East, 28.594 meters (93.81 feet) to the
POINT OF BEGINNING.
Containing 1955.1 square meters (21,044 square feet), more or less.
Gary A. Lewis at.
P.L.S. 8601
�9
GARY G
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Page 2 of 3
DOC #2025-0139955 Page 9 of 12
Exhibit "A"
(continued)
Second Temporary Construction Easement created by Condemnation Order
That portion of Parcel 2 of Parcel Map No. 8948 In the City of Victorville, County of San Bernardino,
State of California, as per Map recorded in Book 94 of Parcel Maps, Pages 53 and 54, In the Office
of the County Recorder of said County, described as follows:
COMMENCING at the Northwest comer of said Parcel 2; thence South 00*32'11" East, 16.758
meters (54.98 feet) along the Westerly line of said Parcel 2 to the POINT OF BEGINNING; thence
continuing along said Westerly line, South 00*32'11" East, a distance of 4.853 meters (15.92 feet);
thence South 77*18'19" East, a distance of 3.476 meters (11.40 feet): thence North 89°49'01" East, a
distance of 41.126 meters (134.93 feet); thence North 86"55'10" East, a distance of 20.755 meters
(68.09 feet); thence South 05°46'20. East, 39.438 meters (129.39 feet) to a point on a curve, concave
Northwesterly having a radius of 275.000 meters (902.23 feet); thence Southwesterly 130.388 meters
(427.78 feet) along said curve through a central angle of 27009'58" to the Southerly line of said Parcel
2; thence North 88044'33" East, 6.258 meters (20.53 feet) along said Southerly line, non -
tangent to said curve, to a point on a non -tangent curve concave Northwesterly having a radius
of 287.201 meters (942.26 feet), a radial through said point bears South 68°42'53" East; thence
Northeasterly 109.566 meters (359.47 feet) along said curve through a central angle of
21 °51'30M; thence North 00034'22" West, 59.173 meters (194.14 feet); thence North 47044'22"
West, 8.125 meters (26.66 feet); thence South 87027'46" West. 37.613 meters (123.40 feet);
thence North 87041'32" West, 33.379 meters (109.51 feet) to the POINT OF BEGINNING.
Containing 1,573.5 square meters (16,937 square feet), more or less.
LA
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Gary A. Lewis 1t
P.L.S. 8601 Np Exp.12-31- IT
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Page 3of3
DOC #2025-0139955 Pagel 0 of 12
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EXHIBIT "B"
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PARCEL 1, PARCEL MAP No. 15501,
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Name
Bearing
Length
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SO°35'24"E
24.27 (7.398 m)
L2
N86°53'28"E
432.46 (131.813 m)
L3
S45°55'04"E
13.68 (4.170 m)
L4
S1 °52'01"E
12.38 (3.772 m)
L5
N89°24'17"E
9.83 (2.997 m)
L6
N88"45'04"E
155.53 (47.405 m)
L7
N87°15'01"E
229.01 (69.801 m)
L8
N88°45'04"E
27.07 (8.250 m)
L9
SO"35'24"E
17.99 (5.483 m)
DOC #2025-0139955 Page 12 of 12
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