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File #: 25-0451    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 8/11/2025 In control: City Council Meeting
On agenda: 9/9/2025 Final action:
Title: Approve a Quitclaim Deed for Portion of Lot 2 of Tract No. 20362 to TPG AG EHC III (NWHM) CA 2, L.P., Portions of Lots 3 and 4 of Tract No. 20362 to Richmond American Homes of Maryland, Inc., Portions of Lots 5 and 6 of Tract No. 20362 to AG EHC II (LEN) CA 2, L.P., and Portions of Lots A, D, G, and J of Tract No. 20363, and Lots A, D, E, and F of Tract No. 20364 to Lennar Homes of California, LLC, within the Gardens Village of the Arboretum Specific Plan, Located North of Casa Grande Avenue, West of Sierra Avenue, South of Duncan Canyon Road, and East of Cypress Avenue
Attachments: 1. Attachment No. 1- Quitclaim Deed (Tract No. 20362, Lot 2).pdf, 2. Attachment No. 2- Quitclaim Deed (Tract No. 20362, Lots 3 and 4).pdf, 3. Attachment No. 3- Quitclaim Deed (Tract No. 20362, Lots 5 and 6).pdf, 4. Attachment No. 4- Quitclaim Deed (Tract No. 20363, Lots A, D, G, and J).pdf, 5. Attachment No. 5- Quitclaim Deed (Tract No. 20364, Lots A, D, E, and F).pdf, 6. Attachment No. 6- Tract No. 20362 (Recorded Map).pdf, 7. Attachment No. 7- Tract No. 20363 (Recorded Map).pdf, 8. Attachment No. 8- Tract No. 20364 (Recorded Map).pdf
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FROM:

Engineering

 

SUBJECT:

Title

Approve a Quitclaim Deed for Portion of Lot 2 of Tract No. 20362 to TPG AG EHC III (NWHM) CA 2, L.P., Portions of Lots 3 and 4 of Tract No. 20362 to Richmond American Homes of Maryland, Inc., Portions of Lots 5 and 6 of Tract No. 20362 to AG EHC II (LEN) CA 2, L.P., and Portions of Lots A, D, G, and J of Tract No. 20363, and Lots A, D, E, and F of Tract No. 20364 to Lennar Homes of California, LLC, within the Gardens Village of the Arboretum Specific Plan, Located North of Casa Grande Avenue, West of Sierra Avenue, South of Duncan Canyon Road, and East of Cypress Avenue

End

 

RECOMMENDATION:

Recommendation

Approve and authorize the City Manager to execute a Quitclaim Deed for the release of public use easements for landscape and sidewalk purposes over portions of Lots 2 through 6 of Tract No. 20362, over portions of Lots A, D, G, and J of Tract No. 20363, and over portions of Lots A, D, E, and F of Tract No. 20364.

End

 

COUNCIL GOALS:

  • To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
  • To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

 

DISCUSSION:

The Master Tentative Tract Map No. 20362 (TPM20-000024), along with Sub-Tentative Tract Map No’s. 20363 (TTM20-000009) and 20364 (TTM20-000010), were conditionally approved by the City Council of Fontana on June 22, 2021.  The Tentative Tract Map TPM20-000024 was revised on December 14, 2021, and was determined to be in substantial conformance with the original Tract Map.  The final map for Master Tract No. 20362 was approved by the City Council on March 8, 2022.

 

The original owner, AG EHC II (LEN) CA 2, L.P., a Delaware limited partnership (as successor in interest to Lennar Homes of California, Inc., a California Corporation), complied with the Conditions of Approval, including the dedication of required easements as part of the Gardens Village of the Arboretum Specific Plan development project.  As part of the development, landscape and sidewalk easements were dedicated along Cassava Drive, Gardens Street, Fieldcress Drive, and Montelena Road of the gated community at Gardens Village within the Arboretum Specific Plan, as follows:

 

  • Tract No. 20362: Portions of Lots 2 through 6
  • Tract No. 20363: Portions of Lots A, D, G, and J
  • Tract No. 20364: Portions of Lots A, D, E, and F

 

During the construction phase, it was discovered that the landscape and sidewalk easements had been dedicated as public use easements to the City of Fontana, rather than being reserved for the private use of the HOA and lot owners within the gated communities.

 

To address the necessary land transfer associated with the development of the Gardens Village within the Arboretum Specific Plan, the owner has conveyed the relevant portions of the subject of the lots to the respective new owners as:

 

  • To the new owner: TPG AG EHC III (NWHM) CA 2, L.P., a Delaware limited partnership – received portion of Lot 2 of Tract No. 20362.
  • To the new owner:  Richmond American Homes of Maryland, Inc., a Maryland corporation – received portions of Lots 3 and 4 of Tract No. 20362.
  • To the new owner: AG EHC II (LEN) CA 2, L.P., a Delaware limited partnership – received portions of Lots 5 and 6 of Tract No. 20362.
  • To the new owner: Lennar Homes of California, LLC, a California limited liability company – received portions of Lots A, D, G, and J of Tract No. 20363, and Lots A, D, E, and F of Tract No. 20364.

The existing easements in question are located within a gated community (Gardens Village of the Arboretum Specific Plan) and are no longer necessary for public use. Their continued designation as public easements is inconsistent with the private nature of the development and hinders further development or conveyance of the properties.

Releasing the landscape and sidewalk easements will allow for appropriate use and maintenance by the homeowners' association or property owners, and ensure the project remains in compliance with City standards.  Staff recommends that the City Council approve and authorize the City Manager to execute a Quitclaim Deed to release the City’s interest in the landscape and sidewalk public use easements located within:

 

  • Tract No. 20362: Portions of Lots 2 through 6
  • Tract No. 20363: Portions of Lots A, D, G, and J
  • Tract No. 20364: Portions of Lots A, D, E, and F

 

This action will approve and authorize the City Manager to execute a Quitclaim Deed to release the City’s interest in the landscape and sidewalk public use easements, facilitate proper land development, clarify ownership responsibilities, and reflect the private character of the gated community.

 

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

 

MOTION:

Approve staff recommendation.