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08-13-2019 CC Rpt 23COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: AUGUST 13, 2019 FROM: CITY MANAGER ITEM NO:23 SUBJECT:ACCEPTANCE OF A PUBLIC MULTI PURPOSE TRAIL EASEMENT GENERALLY LOCATED BETWEEN AVENIDA DE PORTUGAL AND THE EAST TRACT LINE FOR TRACT NO. 16338 LYING WITHIN THE VILA BORBA PLANNING AREA 4, TENTATIVE TRACT MAP (TTM) 16414 RECOMMENDATION: 1. Determine the actions below have been analyzed adequately in an earlier EIR and no further review is required under the California Environmental Quality Act. 2. Authorize the City Clerk to accept the dedication of a public trail easement on behalf of the City of Chino Hills, generally located between Avenida De Portugal and the east line of Tract No. 16338, all of which lie within Tentative Tract Map (TTM) 16414, Vila Borba Planning Area 4. BACKGROUND/ANALYSIS: Condition of Approval No. 32 of the Vila Borba Master Plan requires the improvement of a trail pathway between Avenida de Portugal and the easterly line of Tract No. 16338. In addition, Lennar, the successor developer of this property, is required to dedicate a trail easement over its alignment to the City of Chino Hills. Most of the trail is being dedicated pursuant to Tract No. 16338, but a small portion of the trail is part of a map not yet ready to be accepted, so is being dedicated now by this easement since the entire trail has been completed. The improvements have been installed, and this action by the City Council accepts the trail easement for public use and maintenance purposes. The legal description of the easement is shown on Exhibit "A", and a sketch is included as Exhibit "B". ENVIRONMENTAL (CEQA) REVIEW: An environmental review was completed for the project and an Environmental Impact Report (EIR) and a Mitigation Monitoring & Reporting Program (MMRP) were adopted by the City Council on April 25, 2006, pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City of Chino Hills Local Procedures for Implementing CEQA. The environmental effects of the subdivision, grading, construction and occupancy of residences have already been reviewed in the approved environmental document (SCH#2004081134) prepared for the entire Vila Borba Project. The acceptance of the trail easement is consistent with the approved environmental document. 432/658 FISCAL IMPACT: There will be minimal fiscal impacts to the City associated with the acceptance of this easement and operation of the trail. CalAtlantic Group, Inc., the preceding developer of the property, was responsible for the trail construction, and the City is now responsible for long- term trail maintenance. Costs of this maintenance will be paid for by Vila Borba Community Facilities District (CFD 2015-1). For reference purposes, the HOA and CFD maintained areas are shown on Exhibit "C". REVIEWED BY OTHERS: This item was reviewed by the Community Development Director, the Finance Director and the City Attorney. Respectfully Submitted,Recommended By: Attachments Grant of Easement Exhibit “A” Legal Description Trail Easement Exhibit “B” Trail Easement Exhibit Exhibit “C” Vila Borba HOA & CFD Maintenance Exhibit 433/658 Daniel Bobadilla Director of Public Works/City Engineer 434/658 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Chino Hills, City Clerk 14000 City Center Dr. Chino Hills , CA 91709 Exempt recording per Government Code Sec .6103 GRANT OF EASEMENT FOR PUBLIC MUL Tl-PURPOSE TRAIL USE AND MAINTENANCE AND REPAIR PURPOSES GRANTOR : GRANTEE : CALATLANTIC GROUP, INC ., A DELAWARE CORPORATION FORMERLY KNOWN AS STANDARD PACIFIC CORP., A DELAWARE CORPORATION. CITY OF CHINO HILLS Granter hereby GRANTS to GRANTEE , a California general law municipal corporation , its successors and assigns , an exclusive easement for public multi-purpose trail use and maintenance and repair purposes, including all rights of ingress, egress and other municipal purposes as may be necessary in the performance of said maintenance in , over, upon, under , and across the lands hereinafter described as follows : SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF "Multi-purpose" as that term is used in this Grant of Easement means a trail for use by the public including, but not limited to, pedestrian, bicycle, and equestrian use . Granter, and his successors and assigns, further agree that no building, fences, walls or other structures of any kind, and no tree, shrubs or other plants or vegetation, shall be installed , constructed, erected, placed, planted or maintained in any portion of said easement and that no changes in the alignment of any connecting roadway to said easement will be made without prior written consent of the Grantee . Grantee shall also have the right to mark the location of the easement in a manner, which will not interfere with the Grantor's, reasonable and lawful use of said easement. This instrument shall be binding upon and inure to the benefit of the successors and assigns of Grantor. CALATLANTIC GROUP, INC., A DELAWARE CORPORATION. By: Geoff Smith Vice President -Authorized Agent (Signatures) This is to certify that an interest in the real property conveyed by deed or grant dated ________ from the above grantor(s) to the City of Chino Hills , a political corporation , is hereby accepted by the undersigned C ity Clerk on behalf of the City of Chino Hills , pursuant to the authority conferred by resolution No. 91-40 of the City Council of the City of Chino Hills on the 23 day of December 1991, and the grantee consents to the recordation thereof by its duly authorized officer. By: _____________ _ Dated : _________ _ City Clerk 435/658 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On July 22, 2019 before me, Karen Spletzer, Notary Public (insert name and title of the officer) personally appeared _G_e_o_f_fr_e_y_S_m_i_th ___________________ _ who proved to me on the basis of satisfactory evidence to be the perso~whose name""8fistafe- subscribed to the within instrument and acknowledged to me that he}sl,eftl 1ey executed the same in histher/-thoir-euthorized capacity(ies), and that by his/her,'their signatur~ on the instrument the perso~ or the entity upon behalf of which the perso~acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) EXHIBIT "A" LEGAL DESCRIPTION TRAIL EASEMENT BEING A PORTION OF LOTS 2, 3, "A" AND "B" OF TRACT NO. 15710, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 274, PAGES 69 THROUGH 73, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF SAID TRACT NO. 15710; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3, SOUTH 71°03'44" WEST 15.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF SAID LOT "A" SOUTH 71 °03'44" WEST, 23.59 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 63°34'36" WEST, 41.80 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 49.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID NON-TANGENT CURVE BEARS NORTH 31 °48'41" EAST; THENCE NORTHWESTERLY, WESTERLY, AND SOUTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 76°20'30", AN ARC LENGTH OF 65.29 FEET; THENCE TANGENT TO SAID NON-TANGET CURVE SOUTH 45 °28'12" WEST, 2.46 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID NON-TANGENT CURVE BEARS NORTH 55 °25'21" EAST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21 °24'27", AN ARC LENGTH OF 26.15 FEET TO A POINT, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 34°00'54" EAST; THENCE NORTH 45 °28!12" EAST, 2.83 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 75.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID NON-TANGENT CURVE BEARS NORTH 44 °30'23" WEST; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 76 °15'50", AN ARC LENGTH OF 99.83 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 417.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID COMPOUND CURVE BEARS NORTH 31 °45'26" EAST; THENCE SOUTHEASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 7°48'09", AN ARC LENGTH OF 56.79 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3, PAGE 1 OF 2 l:\82516\MAPPING\EASEMENTS\19-4-22 TRAIL.DOCX 2019-05-22 436/658 437/658 A RADIAL LINE THROUGH SAID POINT BEARS NORTH 39 °33 '35 " EAST , SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING . SAID PARCEL CONTAINS 3,317 SQUARE FEET OR 0 .08 ACRES , MORE OR LESS . AS SHOWN ON EX HIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF . PREPARED UNDER THE SUPERVISION OF : \ \ DARYL J. CHRISTIAN, PLS 8554 DATE PAGE 2 OF 2 I:182516\MAPPINGI EASEMENTS\19-4-22 TRA IL .DO CX 20 19-05-22 438/658 1i~ffe,~1i [N](Q)Q ii @u'il (Q) IRtlL l~la ~u' !!JI®®□ u''J EXHIBIT "B" TRAIL EASEMENT SEE SHEET 2~ ___ __/\ __ ~\ AVEtj[nA DE PORruGi __ -\ --- 'jJ'~ffe,~'jJ' [N](Q)Q ii ®'J'J~ IMU~la 'JlfJ®!®u' □ ii ii 5\ [L(Q)'jJ' 'ffe,' LEGEND ~ INDICATES EASEMENT SURVEYOR'S CERTIFICATE PREPARED UNDER THE PERVISION OF: S' ·Zt-11 DARYL J. H Tl DATE [L(Q)'jJ' '[Q)' 100 SHE ET 1 OF 2 SHEETS SCALE: 1 "= 100' 50 0 100 GRAPHIC SCALE 17 32 0 REDHILL AV E. M O R S E SUITE 350 IRVINE, CA 92614 S C HULTZ PH : 949 -251-882 1 FAX : 949-2 51-0 516 LICENSED LAND SURVEYOR NO . 8554 PLANNER S S UR V E YORS I: 82516 MAPPING EASEMENTS 18-5-3 TRAIL-01.DWG 1 22 2019 439/658 H L1 L2 L3 L4 L5 H C1 C2 --- C3 C4 u!Rlffei tu INJ(l5), ~ (i))n@ 1M1 J8L ~u' ~!®®0 u'3l COURSE DATA BEARING DISTANCE N 71"03'#• E 15.30' N 71°03' 44• E 23.59' N 63'34'36" W 41.80' N 4S28' 12" E 2.46' N 4S28'12" E 2.83' CURVE DATA DELTA RADIUS LENGTH 7o20'3d' 49.00' 65.29' 21•24•2r 70.00' 26.15' 7o15'5d' 75.00' 99.83' 748'0g-417.00' 56.79' LEGEND ~ INDICATES EASEMENT 60 SHEET 2 OF 2 SHEETS 30 0 60 GRAPHIC SCALE 17320 REDHILL AVE. M O R S E SUITE 350 IRVINE-;-cA-9261~- S CH ULT Z PH: 949-251-8821 FAX: 949-251-0516 SURVEYORS 19-3-29 TRAl.-<l2.0WG 4 1 2019 440/658EXHIBIT 'C' ______ j_ ____ iii,.c1-t-0~1fflr--l. __;_ ..J__ _;_ __; ~ _;_ _L_ 1-\ LOT 'D' r' TRAIL LOCATION LEGEND: -CFDMANTAIEll -HOAMANTAIEll ~ CONSERVAT10N AREA l I PREPARED FOR: STANDARD PACIFIC HOMES TRACT NO. 15989, 16338, 16413 & 16414 VILA BORBA HOA & CFD MAINTENANCE EXHIBIT CITY oF CHINO HILLS. COUNTY OF SAN BERNARDINO, sTATE.oF·c:r1FoRNIA SHEET 1 OF 1 t\~Dl'l:ffl\Oli---'""l7~/1~