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HomeMy WebLinkAbout2003-046 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 2003-46 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF PIEDMONT DRIVE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby declares its intention to order the vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and 111 13 14 15 16 171 1 Victoria Avenue, north of Piedmont Drive, described in Exhibit "1", attached and incorporated herein. The Conditions for Approval, attached and incorporated herein as Exhibit " 2", have been negotiated between the City and the applicant, the San Manuel Band of Mission Indians, and will be incorporated in the final Resolution Ordering Vacation. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portions of said streets, elects to proceed under and in accordance with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. 21I SECTION 3. That the hour of 4:00 p.m., on Monday, March 17, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernazdino, California, is fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appeaz before the said Mayor and Common Council and offer evidence in relation thereto. For further particulars as to the proposed vacation, reference is made to that map mazked "Plan No. 27 28 10122A", approved on May 20, 2002, a copy of which is attached and incorporated herein as ~ Exhibit " 3". 02/12/03 2003-46 1 2 3 4 5 6 7 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF PIEDMONT DRIVE (Plan No. 1O122A). SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernazdino or to any public utility and there is hereby specifically reserved for Pacific Bell, its successors, heirs and assigns, an easement for utility purposes in specific areas proposed to be vacated, including the right at any time, or from time to time, the right to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress thereto; 11 and there is hereby specifically reserved for the San Bernardino Valley Municipal Water District, its successors, heirs and assigns, an easement for water utility purposes in specific areas proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of water related incidental purposes, and said easement shall include the right of ingress and egress 1 thereto; and there is hereby specifically reserved For Southern California Edison, its successors, heirs and assigns, an easement for utility purposes in specific areas proposed to be vacated, including the right at any time, or from time to time, to construct, place, operate, inspect, 21 maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, 23 24 25 26 27 28 markers and necessary fixtures and appurtenances and said easement shall include right ingress and egress thereto. // 04/08/02 2 1 2 3 4 5 f 2003-46 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF PIEDMONT DRIVE (Plan No. 10122A). SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and Service Easements Vacation Law." 71 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published once a week for two successive weeks in The San Bernazdino County Sun, a newspaper published and circulated in the City of San 10 11' 12! 13 14~ 15 ~I 16 17 'i 18, 21 I Bernardino, prior to the above date set forth for the public hearing. ~~/ 04/08/02 3 2003-46 1 2 3 4 5 8 9 10 11 12 13 14 15 17 18 19 211 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF PIEDMONT DR[VE (Plan No. 10122A). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernazdino at a joint regular meeting thereof held on the 18th day of February Zp 03 , by the following vote, to wit: Council Members: AYES NAYES ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON ~ MCCAMMACK x //City Clerk The foregoing resolution is hereby approved this dC}T+~ day of February Approved as to form and legal content: JAMES F. PENMAN City Attorney By: iYnto ~-1(P~yyu~ 104/08/02 4 rez, Mayor Pro Tem San Bernardino 3 2003-46 Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, North of Piedmont Drive All of that portion of Piedmont Drive located easterly of the East line of Tract No. 6513, as per plat thereof recorded in Book 84 of Maps, pages 35 through 36 inclusive, records of the County Recorder of San Bernardino County, State of California, and northerly of the North line of Marshall Boulevard having a half width of 44 feet, as portions of said Piedmont Drive are delineated on Parcel Map No. 4879, recorded on Book No. 53 of Parcel Maps, pages 69 through 70 inclusive and also as portions of said Piedmont Drive are dedicated to the City of San Bernardino in Document No. 82-019692 recorded on January 29, 1982, Official Records of said County and also as portions of said Piedmont Drive are dedicated to the City of San Bernardino in Document No. 80-215145 recorded on September 23, 1980, Official Records of said County; and All of that portion of Marshall Boulevard lying westerly of the West line of Victoria Avenue, as said Victoria Avenue is delineated on Parcel Map No. 4795, as per plat thereof recorded in Book 65 of Parcel maps, page 17, records of said County and East of the Northerly prolongation of East line of Rockford Avenue, as said Rockford Avenue is delineated in the Map of Tract No. 9239, recorded in Book 129 of Maps, pages 66 through 67 inclusive, records of said County; and All of that portion of Victoria Avenue lying Northerly of the Westerly prolongation of the North line of Lot 1, Tract No. 10500, as per plat thereof recorded in Book 155 of Maps, pages 8 through 10 inclusive, records of said County, and Westerly of the East line of Section 30, Township 1 North, Range 4 West, San Bernardino Meridian, said line also being on the corporate City limit line of the City of San Bernardino; and That portion of Marshall Boulevard lying within Lots 4, 5, and 6 of Block 16, and Lots 4, 5, and 6 of Block 17 of the Map of West Highlands, in the City of San Bernardino, County of San Bernardino, State of California, as per plat filed in book 5, Page 77 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of Parcel 1 of Parcel Map No. 4879, filed in Book 53, Pages 69 and 70 of Parcel Maps, Records of said San Bernardino County, said Southwest corner also being on the Northerly line of Marshall Boulevard; thence along said Northerly line of Marshall Boulevard, North 89°50'00" East, a distance of 5.00 feet to the True Point of Beginning; thence continuing along said Northerly line North 89°56'00" East, a distance of 977.08 feet to the Northeasterly line of Piedmont Drive, as shown on Parcel Map No. 10305, filed in Book 133, Page 34 of Parcel Maps, records of said San Bernardino County; thence leaving said Northerly line South 37°41'31" East, a distance of 3.47 feet, along said Northwesterly line to the Northerly line of Marshall Boulevard as shown on said Parcel Map No. 10305; thence along said Northerly line of Marshall Boulevard, North 89°56'00" East, a Exhibit "1" 2003-46 Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, North of Piedmont Drive (Continued) distance of 157.45 feet to the Westerly line of Parcel Map No. 4795, as shown on a map filed in Book 65, Page 17 of Parcel Maps, records of said San Bernardino County; thence along said Westerly line South 00°15'40" West, a distance of 41.25 feet to the Southwest corner of Parcel 3 of said Parcel Map No. 4795; thence along said Southerly line and its Easterly prolongation North 89°56'00" East, a distance of 224.75 feet to its intersection with the Northerly Prolongation of the Easterly line of Lot 6; Block 16 of said Map of West Highlands; thence South 00°15'40" West, a distance of 41.25 feet to the Northeast corner of said Lot 6; thence along the Southerly line of Marshal] Boulevard South 89°56'00" West, a distance of 436.00 feet to the Northerly prolongation of the Easterly line of Tract No. 9239, recorded in Book 129, Pages 66 and 67 of Maps, records of said San Bernardino County; thence along said Easterly line South 8°50'44" West, a distance of 2.78 feet to the Southerly line of Marshall Boulevard, as shown on said Tract No. 9239; thence along said Southerly line South 89°56'00" West, a distance of 388.79 feet to the beginning of a curve concave Southeasterly and having a radius of 20.00 feet; thence Westerly, Southwesterly and Southerly, a distance of 31.42 feet along said curve through a central angle of 90°00'00"; thence North 00°04'00" West, a distance of 20.89 feet to the beginning of anon-tangent curve concave Southeasterly and having a radius of 43.50 feet, a radial line through said point bears North 69°07'54" West; thence Northwesterly, a distance of 12.49 feet along said curve through a central angle of 16°27'26" to the beginning of a reverse curve concave Northwesterly and having a radius of 46.50 feet, a radial line through said point bears South 52°40'28" East; thence Northeasterly Northwesterly, and Southwesterly, a distance of 133.47 feet along said curve through a central angle of 164°27'26" to the beginning of a reverse curve concave Northwesterly and having a radius of 93.50 feet, a radial line through said point of reverse curve bears South 37°07'54" East; thence Southwesterly and Westerly, a distance of 60.72 feet along said curve through a central angle of 37°12'22"; thence North 89°55'32" West, a distance of 251.30 feet to the beginning of a curve concave Northerly and having a radius of 43.50 feet; thence Northwesterly, a distance of 6.58 feet along said curve through a central angle of 8°39'41"; thence North 81°15'51" West, a distance of 134.94 feet to the beginning of a curve concave Northerly and having a radius of 9.50 feet; thence Northwesterly, a distance of 4.28 feet along said curve through a central angle of 25°49'21"; thence North 56°05'56" West, a distance of 6.11 feet; thence North 00°04'00" West, a distance of 3.02 feet to the True Point of Beginning of this description. 2003-46 Conditions for Approval of Vacation of Portions of Piedmont Drive, North of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, North of Piedmont Drive The following are conditions set by the Development Services Department to be completed by the San Manuel Band of Mission Indians (Tribe) in accordance with the Resolution Ordering Vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive. The following work shall be completed by Tribe at Tribe's sole expense, except where otherwise specified: 1. Noise a) Tribe shall submit a noise study of the residential perimeter of the parking lot prior to the recordation of the Resolution Ordering Vacation and shall meet City standards. City acknowledges receipt of that report entitled "Environmental Noise Study For the Interim Use of The San Manuel Governmental Center Site As A Temporary Parking Lot", prepared by Wieland Associates, Inc., dated October 17, 2001, the conclusions and recommendations of which have been reviewed and deemed approved by the City as satisfying this noise study requirement. b) Tribe shall design and construct a concrete block wall (6' minimum height) to be installed in the landscaped area of the buffer zone along Marshall Boulevard. The block wall shall be completed within 180 calendar days after approval by the Mayor and Council of the Resolution Ordering Vacation, pursuant to an agreement between the City and Tribe. City acknowledges receipt of Overall Site Plan dated March 8, 2002, and amended Site Plan dated July 24, 2002, and Elevation, Section, Color and Material of Buffer Wall at Marshall Avenue, each dated March 8, 2002, as prepared by Jallali Architectural Group, which designs have been reviewed and approved by City as satisfying this block wall design requirement. 2. Li htin Tribe shall submit a photometric study, approved by the City Engineer, prior to the recordation of the final Resolution Ordering Vacation. All light fixtures along the residential area of the buffer zone on the west side of the parking lot shall be set at 20' maximum height. These light fixtures shall have directional shields to direct light away from the area residents and shall be set at a 50' minimum setback from the perimeter of the parking lot. The candlefeet of light at property boundaries shall be set at a maximum of 0.6 c.f. City acknowledges receipt of a photometric study prepared by Jallali Architectural Group dated November 5, 2001, the conclusions and recommendations of which have been reviewed and approved by City as satisfying this photometric study requirement. 3. Hvdrology and Water Quality a) Tribe shall obtain approval from the City Engineer for the detention basin design and shall complete the construction of the detention basin prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of (1) Hydrology and Hydraulics Report for the Tribal Government Center Surfacing Parking, dated January, 02/12/03 Exhibit " 2" 1 2003-46 2002; (2) Sheet C-5, titled GRADING, of the Surface Parking Drawings, dated January 3, 2002; and (3) Sheet C-6, titled FLOW DIVERSION DETAIL SHEET, of the Surface parking Drawings dated January 3, 2002, prepared by Berryman & Henigar, which designs have been reviewed and approved by City as satisfying this detention basin design requirement. b) Tribe shall pay the City-wide storm drain impact fee in accordance with the City fee schedule in the amount of $53,728.57, prior to the recordation of the Resolution Ordering Vacation. 4. Transportation/Traffic a) Tribe shall contribute to the City, an estimated $60,000 or an amount equal to 50% of the cost for the traffic signal at Lynwood Drive and Victoria Avenue. The total cost for the traffic signal was estimated at $120,000, which was determined by the City Engineer and shall be paid prior to the recordation of the Resolution Ordering Vacation. Receipt of said amount shall satisfy this Transportation/Traffic Condition. City shall design and construct traffic signal. b) Tribe shall contribute 100% of the estimated actual cost to the City to re-stripe existing striping on Highland Avenue at Victoria Avenue, prior to the recordation of the Resolution Ordering Vacation. The cost has been estimated at $5,000, which Tribe shall pay to the City prior to the recordation of the Resolution Ordering Vacation. Receipt of this amount shall satisfy this Transportation/Traffic Condition. All work pertaining to the re-striping shall be performed by the City. c) Tribe shall install a stop sign at the southbound access road at Lynwood Drive, prior to the recordation of the Resolution Ordering Vacation. d) Tribe shall pay a Traffic Systems Fee of $30,099.42 in accordance with City standards, prior to the recordation of the Resolution Ordering Vacation. 5. Construction Standards a) Tribe shall obtain a Temporary Encroachment Permit prior to the recordation of the Resolution Ordering Vacation, in order to remove asphalt in the buffer zone between the new wall and residents and shall also secure all necessary permits required by the Public Works Division. b) All construction required off the Reservation site to satisfy the conditions set forth herein shall be subject to City approval, according to City standards. Tribe shall cause all plans for such construction on the Reservation required to satisfy the conditions set forth herein, to be plan checked and inspected by Wildan in accordance with City and tribal standards. A copy of said standards has been submitted, reviewed and approved by City. Said construction plans shall be deemed approved by City upon City's receipt of an inspection report from Wildan confirming inspection approval according to such approved standards. c) Tribe shall install watch manual signing with flagmen during construction. 6. Turnarounds at Vacated Streets a) Tribe shall submit a detailed drawing for proposed knuckle on Marshall Boulevard, prior to the recordation of the Resolution Ordering Vacation. City acknowledges 02/12/03 2 2003-46 receipt of those civil engineering plans prepared by Berryman & Henigar, dated April 3, 2002, which design has been reviewed and approved by City as satisfying this Turnaround Condition. b) Tribe and City shall enter into an agreement prior to the recordation of the Resolution Ordering Vacation, for the maintenance of the driveways on the west side of Victoria Avenue for use as an emergency vehicle turnaround. 7. Easements a) Tribe has acknowledged an easement to San Bernardino Valley Municipal Water District across Tribal property. b) Tribe shall obtain a letter from San Bernardino Valley Municipal Water District regarding any conflict or easement reservation for the vacation of Piedmont Drive and submit such to the Ci[y, prior to the recordation of the Resolution Ordering Vacation. c) Tribe and Ciry have acknowledged that an easement to East Valley Municipal Water District across seven residential properties adjacent to Lynwood Drive is not on Tribal property. 8. Emergency Access Gate at Marshall Boulevard and Rockford Avenue a) Tribe agrees to maintain the gate located at the south side of the parking lot on Marshall Boulevard and Rockford Avenue, for secondary emergency access. 9. Buffer Walls a) All construction for buffer walls shall be designed by Tribal representatives and shall be approved by the City Engineer/Deputy Director, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings, which design drawings have been reviewed and approved by City as satisfying all design issues related to this Buffer Walls Condition. b) Tribe shall submit detailed drawings for the extension of the side fence of the seven residential properties onto the new buffer wall on Sand Creek between Lynwood Drive and Marshall Boulevard, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings, which design drawings have been reviewed and approved by City as satisfying all design issues related to this condition as set forth herein. c) The existing block wall and grading on adjacent residential property, referenced in subsection (b) above, shall remain. Tribe shall provide a single 4' wide opening for access to area between walls. Tribe shall obtain consent from property owners in order to determine which owners desire the 4' openings and which do not. Tribe shall submit detailed plans for raising the grade east of the residence at 2735 Lomita Place, prior to the recordation of the Resolution Ordering Vacation. Ciry acknowledges receipt of those drawings, which design drawings have been reviewed and approved by City as satisfying all design issues related to this condition as set forth herein. d) Tribe shall submit a detailed drawing of the proposed extension of the wall of the five residents on Marshall Boulevard between Rockford Avenue and Sand Creek onto the new buffer wall, to include existing and proposed wall dimensions prior to the recordation of the Resolution Ordering Vacation. The existing block wall and grading on neighbor's property shall be extended to the centerline of Marshall Boulevard with a i 02/12/03 3 2003-46 ., single 4' wide opening in the existing wall for each property. The 4' wide opening is to provide access to the area between the existing wall and the new buffer wall, to be constructed by Tribe. The City of San Bernardino Development Services Department shall cause the removal of the existing curb, gutter and sidewalk on the north side of the existing wall of the properties identified as follows: Assessor's Parcel Nos. 0285- 861-33, 0285-861-34, 0285-861-35, 0285-861-36 and 0285-861-37. Tribe agrees to remove street asphalt and raise grade level with earthwork to meet the level of the concrete surface, within 180 calendar days after recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings, which design drawings have been reviewed and approved by City as satisfying all design issues related to this condition. e) Tribe shall coordinate with utilities to relocate poles or underground existing facilities on Marshall Boulevard, east of Rockford Avenue, prior to the recordation of the Resolution Ordering Vacation. Tribe and City shall enter into a written agreement agreeing to these Conditions of Approval for the vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive, as scheduled. City agrees to outsource at Tribe's sole expense, any plan check or inspection services required for construction off the Reservation undertaken by Tribe related to the satisfaction of said above-mentioned conditions. 02/12/03 4 ~.. zeslzj-v Glenmare SVeet v c d Q to 2003-46 City Limits 295121-2fi (FetlMlixd Land) Partlon of Piedmont Drive dedicated per Document No. 62-019692 O.R. J Ponion of Piedmont Drive ~ dedicated on Parcel Map `" No. 6679 (P.M. 53/69-70) U Np, 4Bt9 m p M.B.591fi4t0 295-12133 pnµLEL1 (Federall:etl Land) Edgemont Dnve Areas to be vacated pot. Tg61 y Q g > m >~ 0 K O U LOMITA PLACE O 285151t< 295159-19 (Federalized Land) (Federalized Land) DEL NORTE DRIVE .~ O ~0 ~a ~~ Not to Scale ~~11r ~~p;~~~ ya,,l[y{{2~~ J 11`~~ lr"~ N.W. Cor Sec 29 / T,1 N. R. 3 W. ~~~~~~~ In N n ~ N.W. Cor Lot 1 Trnct No. 10500 ze5z2 ~ p~FO~~ 10500 por. LYNWOOD DRIVE ~ ~ ~~ Oz I- w U> >Q CITY OF SAN BERNARDINO PLAN NO. 10122A Areas of vacation shown thus: PUBLIC WORKS DIVISION REAL PRO RTY SECTION Sheet 1 of 1 PROPOSED VACATION OF A PORTION OF PIEDMONT DRIVE, NORTH OF MARSHALL Approved: Date: 2, 763 BOULEVARD; PORTION OF MARSHALL cltr En ^°" BOULEVARD, EAST OF BLYTHE STREET; AND Created by: LAszM `~a~•~ Date: z , , PORTION OF VICTORIA AVENUE, NORTH OF Checked by: ~ r~-~ ~ ~r,~ Date: y ~~_ ~, ~ PIEDMONT DRIVE. M ~~2916~i 67 B VAL MAR CIRCLE 28S12F90 (Fadersll:ed Land) Ponion of Piedmont Drive ~ dedicated per Document No. 60-215145 O.R. 295121-J9 (Federalized Land) I9S121-1 (FatlMllretl Lal p M. Nv fiytl P MB' P~LJ 2(IS12t3z (FedM11zM LlI Exhibit "3"