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Home My WebLink About2026-0061642Electronically Recorded in Official Records San Bernardino County RECORDING REQUESTED BY Assessor -Recorder -County Clerk AND WHEN RECORDED MAIL TO: DOC# 2026-0061642 03/09/2026 Titles: 1 Pages: 7 12:24 PM City of Fontana SAN Fees $0.00 Taxes $0.00 8353 Sierra Avenue J9534 CA SB2 Fee $0.00 Fontana, California 92335 Total $0.00 Attn: Department of Engineering APN: 0237-212-25 Above This Line Reserved for Official Use Only NO RECORDING FEE REQUIRED: This document is exempt from fee Pursuant to Government Code Section 27383 Documentary Tax Due: $None RESOLUTION NO. 2026-008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA TO SUMMARILY VACATE AN EXCESS RIGHT-OF-WAY ALONG OLD LIVE OAK AVENUE PURSUANT TO AN ADOPTED ADDENDUM TO THE SOUTHRIDGE VILLAGE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT NO. 81-3 (STATE CLEARINGHOUSE [SCH] NO. 81052210) AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION. Sheet 1 of 7 City Index No. 6333 Rev. 2/5/24 NQ/RG DOC #2026-0061642 Page 2 of 7 Docusign Envelope ID: 462D03F0-F635-4244-B2DC-76CA4B81 DF53 RESOLUTION NO. 2026-008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, TO SUMMARILY VACATE AN EXCESS RIGHT-OF-WAY ALONG OLD LIVE OAK AVENUE PURSUANT TO AN ADOPTED ADDENDUM TO THE SOUTHRIDGE VILLAGE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT NO. 81-3 (STATE CLEARINGHOUSE [SCH] NO. 81052210) AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION. WHEREAS, the California Streets and Highways Code provides that an excess right-of-way of a street may be summarily vacated if certain conditions are met; and WHEREAS, the City of Fontana ("City") holds a right-of-way for street and public utility purposes over, along, under and upon that portion of Old Live Oak Avenue; and WHEREAS, on July 25, 2023, the City Council adopted Resolution No. 2023-085, approving general plan and specific plan amendments, a tentative parcel map, tentative tract maps, a design review, and an administrative site plan for the Southridge Project ("Project"); and WHEREAS, as part of Resolution 2023-085, the City Council adopts an Addendum to the EIR for the Southridge Village Specific Plan Final Environmental Impact Report (FEIR) (SCH No. 81052210) and Mitigation, Monitoring, and Reporting Program (MMRP) pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana's 2019 Local Guidelines for Implementing CEQA; and WHEREAS, as part of the Project, the Developer, KB Homes, was required to construct a right-of-way for street and utility purposes along Old Live Oak Avenue and Live Oak Avenue; and WHEREAS, as a result of the Project, a portion of the original public right-of-way along Old Live Oak Avenue, as more particularly described in Exhibit A and depicted on Exhibit B, both of which are attached hereto and incorporated herein (the "Excess Right - of -Way"), is no longer required for present or prospective public street or utility purposes; and WHEREAS, the Excess Right -of -Way has not been used for the purpose for which it was acquired; and WHEREAS, the vacation of the Excess Right -of -Way will not operate to cut off all access to any property adjoining said street; and WHEREAS, it has been determined that there are no public service easements existing or required within the area for vacation; and Sheet 2 of 7 City Index No. 6333 DOC #2026-0061642 Page 3 of 7 Docusign Envelope ID: 462D03F0-F635-4244-B2DC-76CA4B81DF53 Resolution No. 2026-008 WHEREAS, consistent with the existing fee ownership, the underlying fee shall revert to the City; and WHEREAS, this summary vacation is made pursuant to the California Streets and Highways Code, Division 9, Part 3 (sections 8300 et. seq.), Chapter 4- Summary Vacation; and WHEREAS, pursuant to the adopted Addendum to the Southridge Village Specific Plan Environmental Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) and based on the CEQA Sections 15162 through 15164, staff has determined that, as to the proposed summary vacation, none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows: Section 1. Recitals. The above recitals are true, correct and by this reference incorporated herein. Section 2. Compliance with California Environmental Quality Act. Having considered the Addendum, the administrative record, the Southridge Village Specific Plan FEIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the summary vacation have been addressed within the Southridge Village Specific Plan FEIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the summary vacation may result in any significant environmental impacts beyond those analyzed in the Southridge Village Specific Plan FEIR. Therefore, no further environmental review is required and staff is directed to file a Notice of Determination Section 3. Findings. The City Council further finds that: (a) The subject excess right-of-way to be vacated is not required for present or prospective public use, either for street or highway purposes or for any other public circulation use such as pedestrian, bikeway, or other non -motorized transportation access. (b) The subject excess right-of-way has not been used for the purpose for which it was acquired. (c) The excess right-of-way to be vacated does not contain active public utility facilities. Sheet 3 of 7 City Index No. 6333 DOC #2026-0061642 Page 4 of 7 Docusign Envelope ID: 462D03F0-F635-4244-B2DC-76CA4B81DF53 Resolution No. 2026-008 (d) Those properties adjoining the excess right-of-way to be vacated will continue to have access. (e) This summary vacation is consistent with the City's General Plan. (f) The public street system for which the excess right-of-way was originally acquired will not be detrimentally affected by this vacation. Section 4. Order of Vacation. The City Council, under the authority vested in it by the California Streets and Highways Code, hereby orders the vacation of the Excess Right -of -Way described herein as the portion of Old Live Oak Avenue and Live Oak Avenue, which location is more particularly described in Exhibit A and depicted on Exhibit B, both of which is attached hereto and incorporated herein by this reference. Section 5. Certification, Recordation and Retention. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the San Bernardino County Recorder. Pursuant to California Streets and Highways Code section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution. Section 6. Completion of Vacation. Upon the date this Resolution is recorded, the vacation shall be complete and the excess right-of-way described herein will no longer constitute a right-of-way. Section 7. Effective Date. This Resolution shall become effective immediately. Section 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. APPROVED AND ADOPTED this 24t" day of February, 2026. READ AND APPROVED AS TO LEGAL FORM: Prav , City Attorney Sheet 4 of 7 City Index No. 6333 DOC #2026-0061642 Page 5 of 7 Docusign Envelope ID: 462D03F0-F635-4244-B2DC-76CA4B81DF53 Resolution No. 2026-008 I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council of the City of Fontana, do hereby certify that the foregoing Resolution is the actual Resolution that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 24th day of February, 2026, by the following vote to wit: AYES: Mayor Warren, Mayor Pro Tern Garcia, Council Members Cothran, Roberts and Sandoval NOES: None ABSENT: None ABSTAIN: None Gt,v>•xaiuu City Clerk of the City of Fontana Qvadn. o' OJam,ln, Mayor of the City of Fontana ATTEST: City Clerk Sheet 5 of 7 City Index No. 6333 DOC #2026-0061642 Page 6 of 7 Docusign Envelope ID: 462D03F0-F635-4244-B2DC-76CA4B81DF53 EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION THOSE PORTIONS OF LIVE OAK AVENUE AND OLD LIVE OAK AVENUE, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SAID STREETS ARE SHOWN ON TRACT NO. 12064-2 AS PER MAP FILED IN BOOK 176, PAGES 78 THROUGH 97, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 28 OF SAID TRACT NO. 12064-2, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 135.51 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 70°42'52" EAST; THENCE NORTHERLY ALONG SAID CURVE, BEING ALSO THE EASTERLY LINE OF SAID LOT 28, THROUGH A CENTRAL ANGLE OF 34°05'37", AN ARC DISTANCE OF 80.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°04'14", AN ARC DISTANCE OF 54.56 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY ALONG SAID CURVE, BEING ALSO THE NORTHERLY LINE OF SAID LOT 28, THROUGH A CENTRAL ANGLE OF 70°14'14", AN ARC DISTANCE OF 24.52 FEET; THENCE LEAVING SAID NORTHERLY LINE OF LOT 28, NORTH 03°19'14" EAST, 1.06 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 836.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 34°57'58" EAST, SAID CURVE BEING 36.00 FEET SOUTHEASTERLY, MEASURED CONCENTRICALLY FROM THE CENTERLINE OF LIVE OAK AVENUE AS SHOWN ON SAID TRACT NO. 12064-2; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°02'22", AN ARC DISTANCE OF 365.35 FEET; THENCE SOUTH 60°00'20" EAST, RADIAL TO PREVIOUSLY DESCRIBED CURVE, 2.52 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID TRACT NO. 12064-2, BEING ALSO THE WESTERLY LINE PARCEL 1 OF PARCEL MAP NO. 20565, AS PER MAP RECORDED IN BOOK 262, PAGES 100 THROUGH 103, INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 19°17'30" WEST, ALONG SAID WESTERLY LINE, 344.95 FEET; THENCE SOUTH 77041'11" WEST, 16.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 116.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°43'41", AN ARC DISTANCE OF 72.33 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22,954 SQUARE FEET OR 0.527 ACRES, MORE OR LESS SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under my supervision: 10 -3 - Sheet 6 of 7 City Index No. 6333 DOC #2026-0061642 Page 7 of 7 Docusign Envelope ID: 462D03F0-F635-4244-B2DC-76CA4B81DF53 EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION = PORTION OF STREET TO BE VACATED AREA = 22,954 SQ. FT. OR 0.527 AC. 0' 30' 60' SCALE: 1"_60' TFA CT / l\'O. / �C3 a_ QG LP.O.B. RAD "w LOT 28 L ( &Ji - ----------- rI P.0.C JO- ��,pND a,�ao o.p4A 0 ( Cdr L.S. 7780 Date Signed: 1013124 4 o v ALVADA SURVEYING, INC. 411 JENKS CIRCLE, SUITE 205, CORONA, CA. 92878 CURVE TABLE CURVE # RADIUS DELTA LENGTH C 1 135.51' 34V5'37' 80.63' C2 135.51' 23V4'14 54.56' C3 20.00' 7074'14" 24.52' C4 116.00' 35V3'41' " 7233' LINE TABLE LINE # DIRECTION LENGTH L1 N0379'14"E 1.06' L2 $60V020E RAD 2.52' L3 S7741'11 'W 16.71' Los Angeles PHONE: 951-280-9960 Sheet 7 of 7 City Index No. 6333 FAX: 951-280-9746 Job No. 22191-2 www.calvada.com