Loading...
08-13-2019 CC Rpt 25COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: AUGUST 13, 2019 FROM: CITY MANAGER ITEM NO:25 SUBJECT:ACCEPTANCE OF AN EASEMENT FOR PUBLIC STREET PURPOSES GENERALLY LOCATED ON THE NORTH SIDE OF AVENIDA DE PORTUGAL, LYING NORTHEAST OF THE INTERSECTION OF AVENIDA DE PORTUGAL AND BUTTERFIELD RANCH ROAD, LYING PARTIALLY WITHIN LOT 4 OF TRACT NO. 15710 (VILA BORBA PLANNING AREA 4, TENTATIVE TRACT MAP 16414) AND ADOPTION OF A RESOLUTION ACCEPTING SUCH STREET INTO THE CITY-MAINTAINED STREET SYSTEM 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 an easement for public street purposes on behalf of the City of Chino Hills, generally located on the northerly side of Avenida De Portugal and partially within Lot 4 of Tract No. 15710 (Tentative Tract No. 16414, Vila Borba Planning Area 4). 3. Adopt the following Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS ACCEPTING A PORTION OF AVENIDA DE PORTUGAL INTO THE CITY-MAINTAINED SYSTEM BACKGROUND/ANALYSIS: During the development of Tract No. 16338 (Vila Borba Planning Area 3), the developer (CalAtlantic Group, Inc.) elected to construct the entire roadway for Avenida de Portugal for economy of scale. The southerly half of the road lies within Tract No. 16338 and the northerly half lies within Lot 4 of Tract No. 15710. The public portion of Avenida de Portugal currently ends along the driveway entry to the community facility parking lot. The remainder of the street is privately owned and maintained by the Vila Borba Homeowners Association. The legal description for the northerly portion of this street is included on Exhibit "A", and the street exhibit is included on Exhibit "B". Condition of Approval No. 32 for the Vila Borba Master Plan requires the developer to dedicate an easement for public street purposes lying within the public portion of the street right of way of Avenida de Portugal. The City Council's action tonight will accept the easement for public street purposes. 452/658 ENVIRONMENTAL (CEQA) REVIEW: An environmental review was completed for the project and an Environmental Impact Report (EIR) and a Mitigation Monitoring and 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 public street easement is consistent with the approved environmental document. FISCAL IMPACT: There will be minimal fiscal impacts to the City associated with the construction and operation of the public street segment. The developer (Lennar) has already constructed the public street segment for Avenida de Portugal, and maintenance will be provided by Vila Borba Community Facilities District (CFD 2015-1). The portions of Avenida de Portugal which are private will be maintained by the Vila Borba Homeowners Association. For reference purposes, the HOA and CFD maintained areas are shown on Exhibit "C". REVIEWED BY OTHERS: The Community Development Director, the Finance Director, and the City Attorney reviewed this item. Respectfully Submitted,Recommended By: Attachments Resolution Legal Description Exhibit “A” Legal Description for Public Street and Utility Exhibit “B” Public Street Easement Exhibit Exhibit “C” Vila Borba HOA & CFD Maintenance Exhibit Grant of Easement 453/658 Daniel Bobadilla Director of Public Works/City Engineer 1 of 3 RESOLUTION NO. 2019R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ACCEPTING A PORTION OF AVENIDA DE PORTUGAL INTO THE CITY MAINTAINED STREET SYSTEM WHEREAS, Section 1806 of the Streets and Highways Code provides that no public or private roads shall become a City Roadway until accepted into the City Maintained Street System by a resolution of the City Council; and WHEREAS, portions of Avenida de Portugal, as hereinafter described, have been constructed satisfactorily to City standards; and WHEREAS, portions of the right of way for Avenida de Portugal has been dedicated to and accepted by the City of Chino Hills; and WHEREAS, it is in the public interest that these portions of Avenida de Portugal be maintained by the City of Chino Hills; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chino Hills as follows: SECTION 1. That portions of Avenida de Portugal, as hereinafter described be accepted into the City Maintained Street System. SECTION 2. The City Clerk shall certify as to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 13th day of August, 2019. __________________________ CYNTHIA MORAN, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 454/658 2 of 3 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) § CITY OF CHINO HILLS ) I, Cheryl Balz, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Resolution No. 2019R- was duly adopted at a regular meeting of the City Council of the City of Chino Hills held on the 13th day of August, 2019, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Chino Hills, California, this 13th day of August, 2019. CHERYL BALZ, CITY CLERK 455/658 456/658 Legal Description Portion of Avenida de Portugal To Be Accepted Into the City Maintained Street System Those portions of Avenida de Portugal lying within the City of Chino Hills, County of San Bernardino, State of California, described as follows: Lot G of Tract No. 16338, as shown on a Map recorded in Book 346 Pages 97 through 115, inclusive, of Maps, Records of said County and State. Together with that portion of Lot 4 of Tract No. 15710, as shown on a Map recorded in Book 274 Pages 69-73 of Maps, Records of said County and State, described in Exhibit A Legal Description and shown on Exhibit B Legal Sketch attached hereto and made a part hereof. (Exhibit A Legal Description and Exhibit B Legal Sketch attached hereto) 457/658 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC STREET EASEMENT BEING A PORTION OF LOT 4 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 NORTHWEST CORNER OF LOT 4 OF SAID TRACT NO. 15710, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY OF BUTTERFIELD RANCH ROAD, HAVING A HALF- STREET WIDTH OF 55.00 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4 AND THE EAST RIGHT-OF-WAY OF SAID BUTTERFIELD RANCH ROAD, SOUTH 25°57'20" EAST 513.77 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2052.00 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE OF LOT 4 AND THE EAST RIGHT-OF- WAY OF BUTTERFIELD RANCH ROAD, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°25'42", AN ARC LENGTH OF 194.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY, SOUTH 64°41'05" EAST, 32.05 FEET; THENCE NORTH 71°09'27" EAST, 10.47 FEET; THENCE NORTH 71 °06' 42" EAST, 115.04 FEET; THENCE NORTH 22°19'19" EAST, 20.90 FEET; THENCE NORTH 64°02'40" EAST, 24.00 FEET; THENCE SOUTH 25°57'20" EAST, 12.67 FEET; THENCE NORTH 64°02'40" EAST, 24.00 FEET; THENCE SOUTH 78°34'05" EAST, 16.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 733.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID NON-TANGENT CURVE BEARS NORTH 20°20'51" WEST; THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1°29'45", AN ARC LENGTH OF 19.14 FEET TO A POINT, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 18°51'06" WEST; THENCE ALONG SAID RADIAL LINE THEREOF, SOUTH 18°51 '06" EAST, 33.00 FEET TO THE NORTHEAST CORNER OF LOT "G" OF TRACT NO. 16338, IN THE CITY OF CHINO HILLS, COUNTY PAGE 1 OF 2 I:182516\MAPPING\EASEMENTS\ 19-4-10 STREET.DOCX 2019-05-22 458/658 OF SAN BERNARDINO , STATE OF CALIFORNIA , AS SHOWN ON THE MAP FILED IN BOOK 346 , PAGES 97-115 , INCLUSIVE , OF MAPS , IN THE OFFICE OF THE COUNTY RECORDER , OF SAID COUNTY, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE , CONCENTRIC TO LAST MENTIONED 733 .00 FOOT RADIUS CURVE , HAVING A RADIUS OF 700.00 FEET ; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT "G" THE FOLLOWING COURSES ; SOUTHWESTERLY ALONG SAID CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 1°52 '08 ", AN ARC LENGTH OF 22 .83 FEET ; THENCE TANGENT TO SAID CURVE SOUTH 69 °16 '46 " WEST, 165 .87 FEET TO THE BEGINNING OF A TANGENT CURVE , CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 700 .00 FEET ; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °52'41 ", AN ARC LENGTH OF 22 .94 FEET ; THENCE TANGENT TO SAID CURVE SOUTH 71 °09 '27" WEST , 32 .31 FEET TO THE NORTHWEST CORNER OF SAID LOT "G", SAID CORNER LYING ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2052 .00 FEET , SAID CORNER ALSO BEING THE SOUTHWESTERLY CORNER OF SAID LOT 4 AND ALSO BEING A POINT ON THE EAST RIGHT -OF-WAY OF SAID BUTTERFIELD RANCH ROAD , A RADIAL LINE TO SAID POINT BEARS NORTH 7 1°09 '27" EAST ; THENCE NORTHWESTERLY ALONG THE EAST RIGHT-OF-WAY OF SAID BUTTERFIELD RANCH ROAD AND SOUTHWESTERLY LINE OF SAID LOT 4 , AND SAID CURVE THROUGH A CENTRAL ANGLE OF 1°41'05", AN ARC LENGTH OF 60.34 FEET TO A POINT , A RADIAL LINE THROUGH SAID POINT BEARS NORTH 69 °28 '22 " EAST , SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING . SAID PARCEL CONTAINS 9 ,690 SQUARE FEET OR 0.22 ACRES , MORE OR LESS . AS SHOWN ON EXHIBIT "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\MAPPING\EASEMENTS\ 19-4-10 STREET.DOC X 2019-05-22 459/658 EXHIBIT "8" PUBLIC STREET EASEMENT SHEET 1 OF 2 SHEETS P.O.C. NW COR. LOT 4 \~ \~ \~ \ LEGEND i!Rl/A(Gi IM(Q)o ii ~741@ !Ralo~o ~7~/@®c73) 2 IL(Q)i '/A ' i!Rl/A(Gi IM(Q)o ii @3l3l® IR~L ~ 0 3)~@/®7 C ii ii ~ Cf. BUTTERFIELD RANCH ROAD l ~ INDICATES EASEMENT ~ 200 ICATE SUPERVISION OF: DARYL J . C ISTIAN DATE LICENSED LAND SURVEYOR NO. 8554 SCALE: 1 "=200' 100 0 200 GRAPHIC SCALE 17320 REDHILL AVE. MORSE SUITE350 IRVINE , CA 92614 SCHULTZ PH : 949-251-88 21 FAX : 949-251-0516 SUR V E Y ORS 460/658 COURSE DATA I BEARING L1 N 54•41'05• W L2 N 71"09'27• E L3 N 22"19'19• E L4 N 64"02' 40• E L5 N 25"57'20• W LS N 64"02' 40• E L7 N 78"34'05• W LB N 18"51'06• W (RAD) L9 N 71"09'27• E CURVE DATA ' DELTA RADIUS C1 r29'45• 733.00' -e2----1•52'oa"-~ ~-100:ooL- C3 rs2•41 • 700.00' C4 1"41'05• 2052.00' EXHIBIT "B" PUBLIC STREET EASEMENT SHEET 2 OF 2 SHEElS DISTANCE 32.05' 10.47' 20.90' 24.00' 12.67' 24.00' 16.39' 33.00' 32.31' LENGTH 19.14' --22:83'-- 22.94' 60.33' l!Rlffe\~l [N](Q), il ~1il@ M,~, r:J.r/!A!,/®®0 7/'?» [L(Q)l l~I LEGEND ~ INDICATES EASEMENT SCALE: 1 •=60' 60 30 0 60 17320 REDHILL AVE. M O R S E SUITE 350 IRVINE;-CA 92614------- SCH ULT Z PH: 949-251-8821 FAX: 949-251-0516 PLANNERS ENGINEERS SURVEYORS I:\82516\MAPPING\EASEMENTS 19-3-14 ST-02.DWG 3 14/2019 461/658EXHIBIT 'C' TRACY i\!O. 1<4l226·1 I m1.c11io~1.mr --l. __;_ ..J.-_;_ __; ~ _;_ _ L.._ 1. \ ---------1----------------LOT "D' r' TRACT NO. 16414 LOT 2 ',' LEGEND: -CFDMANTAIEll -HOAMANTAIEll ~ CONSERVAT10N AREA l I PREPARED FOR: STANDARD PACIFIC HOMES TRACT NO. 15989, 16338, 16413 & 16414 VILA BORBA HOA & CFD MAINTENANCE EX11111!. CITY OF CHINO HILLS COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ' ~~~~-~~~/1~ 462/658 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 STREET 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 easement for public street and utility purposes, including all rights of ingress, egress and other municipal purposes as may be necessary in the performance of maintenance of both street and public utilities in, over, upon, under, and across the land s hereinafter described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 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 Granter. CALATLANTIC GROUP, INC., A DELAWARE CORPORATION. By: Geoff Smith Vice President -Authorized Agent 1/2 1.ll ~ ' 'Date (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 politica l corporation , is hereby accepted by the undersigned City 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 C ity 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 463/658 ACKNOWL E DGMENT 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 personWwhose name(.st is+are subscribed to the within instrument and acknowledged to me that ho/she/they executed the same in his~crltl 1eil' authorized capacity(i.est,. and that by his4:ler;Ltheif signature(.s,-on the instrument the personi,st or the entity upon behalf of which the personL,st-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)