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HomeMy WebLinkAbout2025-0223120Recorded at the request of Yesenia Diaz NX2AW�s And when recorded mail to: City Of Upland City Clerk's Office 460 N. Euclid Ave. Upland, California 91786 Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2025-0223120 09/16/2025 Titles:1 Pages:8 11:24 AM SAN Fees $0.00 Taxes $0.00 F3010 CA SB2 Fee $0.00 Total $0.00 THIS SPACE FOR RECORDER'S USE STREET VACATION 25-02 RESOLUTION NO. _6836_ Please see attached Resolution No. 6619 which vacates a certain portion of utility easement south of 20th St. east of Campus. (Exhibit A and B) in the City of Upland should be and are here by ordered to be vacated. This document is exempt from payment of recordation fee per Government Code Section 6103. DOC #2025-0223120 Page 2 of 8 RESOLUTION NO. 6836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND, CALIFORNIA APPROVING THE VACATION OF A 33-FOOT WIDE PORTION OF A WATER LINE EASEMENT OVER PROPERTY LOCATED AT 1010 E. 20TH STREET, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 1044-102-08. WHEREAS, Upland Storage Owner, LLC, the owner of the property located at 1010 E. 2Wh Street, has submitted an application request to vacate a 33-foot-wide portion of a 73-foot wide public water line easement located at 1010 E. 20th Street, further described as Assessor's Parcel Number 1044-102-08; and WHEREAS, the City is authorized to vacate all or part of a public utility easement pursuant to California Streets and Highway Code Section 8300 et. seq; and WHEREAS, the Proposed Vacated Area, is legally described in Exhibit A and is shown on Exhibit B and is on file in the office of the Development Services Director; and WHEREAS, at its meeting on March 26, 2025, the City's Planning Commission made a determination that the proposed street vacation will conform to the City's General Plan; and WHEREAS, on May 12, 2025, the City Council adopted Resolution No. 6828, declaring its intention to vacate a 33-foot-wide portion of a 73-foot-wide public water line easement located at 1010 E. 20th Street, further described as Assessor's Parcel Number 1044-102-08. In addition, the City Council set a public hearing for Monday, June 9, 2025, at 6:00 p.m. to consider the proposed vacation prior to adoption of the Resolution ordering the vacation and directed the City Clerk to publish and post a Notice of Hearing in accordance with the requirements of the California Streets and Highways Code Sections 8320, et seq; and WHEREAS, pursuant to California Streets and Highways Code Sections 8320, the City Clerk of the City of Upland subsequently caused the publishing of notices in the Inland Valley Daily Bulletin, for two successive weeks prior to the hearing, and City staff posted notices on the property along the width of the portion of public water line easement to be vacated at least two weeks prior to the date set for public hearing, no more than 300 feet apart, with at least three notices posted; and WHEREAS, the proposed water line easement vacation qualifies for an exemption from environmental review in accordance with the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the State CEQA Guidelines for projects where it can be seen with certainty there is no possibility of any significant environmental effects; and WHEREAS, based on staff's review of the vacation, no special circumstances exist that would create a reasonable possibility that granting the vacation will have a significant effect on the environment; and. DOC #2025-0223120 Page 3 of 8 Resolution No. 6836 Page 2 WHEREAS, on June 9, 2025, the City Council held a duly noticed public hearing on the proposed vacation and considered all verbal and written testimony provided by persons interested in the proposed vacation. NOW THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows: Section 1. Incorporation of Recitals. The above Recitals are true and correct and are incorporated herein by reference. Section 2. DECLARATION. The City Council of the City of Upland, having elected to proceed under the provisions of Division 9, Part 3, Chapters 1 through 3, inclusive, of the Streets and Highways Code of the State of California, and having held a public hearing as provided therein, hereby finds from all evidence submitted that the east 33 feet of a 73-foot-wide public utility easement totaling 9,918 square feet, which transacts property located at 1010 E. 20t" Street (APN: 1044-102-08), as and as more specifically described in Exhibits "A" and "B", which are attached hereto and incorporated herein by reference, is unnecessary for present or prospective public use and that the public interest and convenience require the vacation of that portion of the public water line easement. Section 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The proposed 33- foot-wide portion of a public easement vacation of a 73-foot-wide public water line easement located at 1010 E. 20th Street is exempt from environmental review in accordance with Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty, based upon the testimony provided in the staff report, that approval of the street vacation will have no physical effect on the environment. Section 4. FINDINGS. The -City Council of the City of Upland hereby makes the following findings and .determinations in connection with the approval of the vacation: A. The vacation is consistent with the Upland General Plan as determined by the Planning Commission on March 26, 2025 through the adoption of Planning Commission Resolution No. 5025. B. Per Upland Municipal Cade Section 17.44.100(F), the review and decision - making authority may vacate an easement if the vacation complies with the General Plan, Zoning Ordinance, other City ordinances, and any other applicable community or specific plans, and as supported by all of the following findings: 1. Finding: A petition has been completed containing the signatures of property owners who own more than two-thirds of the property abutting the portion of the street, alley, or easement to be vacated. Evidence: The fee title of the proposed vacation area is currently vested to the property owner Upland Storage Owner LLC. The DOC #2025-0223120 Page 4 of 8 Resolution No. 6836 Page 3 property owner has submitted a Street Vacation application containing the required signature. 2. Finding: The vacation is in the public interest. Evidence: The excess Waterline Easement Area is an excess portion of a public service easement and is not needed for the City's existing or future public utility requirements because the water line located within the Excess Waterline Easement Area will be concurrently relocated to the western 40 feet of the existing easement and a new easement will be recorded concurrently to follow its realignment. The vacation of the excess 9,918 square feet of easement area will allow for the development 164,570 square foot multi -story climate controlled public storage building approved under Conditional Use Permit No. 21-0006 and Development Plan Review No. 21-0004. 3. Finding: No property will be denied direct access as a result of the vacation. Evidence: No property will be denied direct access as a result of the vacation. Existing access to the property, located at 1010 E. 201h Street (APN: 1044-102-08) will remain accessible from 20th Street. Section 5. DETERMINATION. The City Council hereby vacates the Excess Waterline Easement Area in accordance with Section 8333(c) of the California Streets and Highways Code, as described in the attached Exhibit "A" and Exhibit "B.". Section 6. Effective Date. This Resolution shall be effective immediately upon adoption. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. Section S. That the City Clerk of the City of Upland shall cause a certified copy of this Resolution of Vacation and Exhibits `"*A" and "B", attached hereto and attested to by the City Clerk under seal, to be recorded in the Office of the County Recorder of the County of San Bernardino. PASSED, APPROVED and ADOPTED by the City Council of the City of Upland this 9th day of June, 2025. /,Z Bill Velto, Mayor DOC #2025-0223120 Page 5 of 8 Resolution No. 6836 Page 4 I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 9th day of June, 2025, by the following vote: AYES: Mayor Velto, Councilmembers Zuniga, Breitling, Garcia NOES: None ABSENT: Councilmember Maust ABSTAINED: None , ATTES . Keri Johns C' Clerk I, Keri Johnson, City Clerk in and for the City of Upland, County of San Bernardino, hereby certify that the attached ORDINANCE NO. RESOLUTION NO. 0 (0 MINUTES dated 11w1.( 01 20 is a true and correct py of the original on file in the City Clerk's Office. : Executed on 20 = DOC #2025-0223120 Page 6 of 8 Resolution No. 6836 Page 5 EXHIBIT "A" EASEMENT VACATION AREA ASSESSOR'S PARCEL NO.1044-102-08 UPLAND, CA. BEING A PORTION OF LOT' 1 OF TRACT MAP 16198-I, IN THE CITY OF UPLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 298, PAGES 43 THROUGH 55, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; MORE PARTICULARY DESCRIBED AS FOLLOWS: THE EAST 33.00 FEET OF THE WEST 73.00 FEET OF SAID LOT 1. CONTAINING 9,918 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIBED REAL PROPERTY IS SHOWN ON T14E MAP ATTACHED HEREWITH AND MADE A PART HEREOF, ENTITLED EXHIBIT "B". THE ABOVE DESCRIPTION WAS PREPARED UNDER MY DIRECTION. 2/27/2025 %i -•_ 1•�D'�, AARON T. SKEEW, PLS 8604 EXPIRATION DATE: 12131/2025 \ `1 1N: 101 1-2881 Esp 12 31 i DOC #2025-0223120 Page 7 of 8 Resolution No. 6836 Page 6 CURVE TABLE CURVE DELTA RADIUS LENGTH Ct 1 H 31' 91.00' 19.16' C2 72'29'07" 69.CO 1 8729 EXHIBIT "B" APN-1044-102-Q8 LOT 1 TRACT NO.16198-1 M.B. M/43-55 U' a L1=N77'31'5B'E %.CCr L2 = N8912'39rE 72.92' (� CLj a � Z ll1 vl¢ 20TH STREET . )U _I 73' LOT 1 , M FREEWAY QQ EASEMENT GRANTED 10: C11Y CF UPLAND PURPOSE: EASbJENT FOR PUBLIC UTILITIES, INCLUDI6IG PUi3LiC ACCESS TO INSPECT II.AiNTAIN, REPLACE, OR REPAIR THE PUBLIC UAUI}E�, RECORDING DATE: NOVEMBER 25, 2015, INSTRUMENT NO. 2015-0517971. OF OFFICIAL RECORDS. AFFECTS: WEST 73 FEET OF SAID LAND SEE SHEET 2 FOR VACATION DETAILS O. ADOE • w.4aao Cu-�u"MuE "M. CA f0m f ;ikv irt� cwwxwti" far Ufe F.U. �W"' 6w CITY OF UPLAND, CA. 20TH STREET, UPLAND, CA. i PLAT IS SOLELY TO 84 US_D AS AN AID N ATING THE PARCELS) DESMSED IN IM ACHED CCCUMENT. ALL PRIMARY CALLS LOCATED L\ THAT YIRITTEN DOCUI eNT. 2�27t2025 T.1N., R.7W., S.B.M. C: 1011.Ml 1TF: D2l27fm tAWN BY: EAJ l-=14L' int: 1772 DOC #2025-0223120 Page 8 of 8 Resolution No. 6836 Page 7 AP11 1044-102-66. cn w D -Z w 0 ¢ _ 20TH STREET _ Ni'O' 55; 118Ib`3r2we 403.514 lR) &l 15` ' C4 4 M-E CURVE -CURVE DELTA RADIUS LE1107H C1 12'0431' SLOW 19I C2 72'4M7' 69.0V 87 ZY C3 43'MS' 69,OV 52.45' 04 27'4232- 60.41Y 3_ 3t' LEGEN0- TOTAL VACATIOq AI EA 19.91E S F.1 LOT 1 TRACT NO.16198-1 M.B. 298/48-55 EAW4NT GRANTED TO; C1YY OF UPLAND. PURPOSE: EASEMENT FOR PUBLIC UTILITIES. INCLUt3WO PUllUC 1E t!T WLACE. OR f P �.t TFC UE REMING DATE: NOVE KR 25, 2015 INSTRUMENT NO. 2015-0617971, AFFECTS: 10' '$T 31FEET F D LAPiD I o: t N` DETAfI.."— SEE DETAIL (NTS)On ,..... .m.. ..—� Nw 210 FREEWAY � •� IdpltITIEDIMl4t1E.iiR11s#0 CITY OF UPLAND, CA. PORTION OF SEC 32 TAN.. !. R.(11... S.V.M. 20TH STREET. UPLAND, CA. ,1, 1011-2861 PLAT ISSWLYTOBEUSED ASAIIAID W ATE: 0?121F202 iAttWHE PARCEI.IB}05aCNW IN TV4 DRAVIN V.. m_ 0 -0 DMIJEW. &L PRIWAY CALLS LQCAL'EDINTHAT WRIT1fHDUCUVNT �;-�