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ORIGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation: proposed
vacation of a portion of University
Parkway, westerly of North park
Boulevard
Dept: Development Services
Date: August 2, 2005
File No. 15.30-380 MCC Date: September 6, 2005
Synopsis of Previous Council Action:
June 6, 2005: Authorization was given to proceed with the proposed vacation of a portion of
University Parkway, westerly of North park Boulevard; Plan No. 11472 showing the proposed
vacation, was approved.
August 1,2005: Resolution No. 2005-262 was adopted, declaring its intention to vacate a
portion of University Parkway, westerly of North park Boulevard and setting a public hearing
for September 6, 2005.
Recommended Motion:
That the public hearing be closed and the Findings of Fact, as set forth in the staff report from the
Director of Development Services, as to why a portion of University Parkway, westerly of
Northpark Boulevard, is no longer necessary for public street purposes, be adopted.
AND
Adopt Resolution.
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Contact person: Jeanne'marie Fitzpatrick
Phone: 5328
Supporting data attached: Staff Report/Reso/Exhibits Ward: 5
FUNDING REQUIREMENTS: Amount:
$1,200 (processing fee paid by applicant)
Source: (Accl. No.) 001-000-4780-0000
(Accl. Description) Vacation Processing Fees
Finance:
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Council Notes: 7'Ct-'_Jl>'
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of
University Parkway, westerly of Northpark Boulevard
BACKGROUND:
On March 14,2005, an application was received from Transtech, on behalf of the developer,
Watson and Associates, requesting the vacation of a portion of University Parkway, westerly of
Northpark Boulevard. This proposed vacation is relative to the University Parkway development
project located at University Parkway and Northpark Boulevard. The developer has requested
this vacation of the portion of University Parkway in order to facilitate proposed improvements
for access to this development. The area proposed to be vacated is shown on the attached plan.
The City of San Bernardino acquired this right-of-way in fee. Thus, the vacated portion will
have to be sold to the developer as a separate action upon completion of the vacation.
The proposed purchaser of the surplus property, Watson and Associates, has agreed to a "no
build" restriction on the proposed vacated portion of the right-of-way, and to construct sidewalk
abutting University Parkway from Northpark Boulevard southwesterly to the owner's property
line. At no expense to the City, the property owner has agreed to install the sidewalk
improvements within 270 days ofthe effective date of vacation ofthe right-of-way.
On June 6, 2005, authorization to proceed with the proposed vacation was given and Plan No.
11472 was approved. City Departments, utility companies and other government entities were
notified of the proposal and were given the opportunity to submit easement reservations and any
comments or conflicts. Several responses were received and all were favorable. There were no
requests to reserve easements.
On August 1, 2005, Resolution No. 2005-262 was adopted declaring its intention to order the
vacation of a portion of University Parkway, westerly of Northpark Boulevard, and setting a
public hearing for September 6, 2005. The Resolution was published in the Sun newspaper, and
the streets posted. The applicant and affected owner(s) of this area were notified ofthe public
hearing.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and we recommend the vacation based on the following facts:
1. The Director of Development Services has determined that the proposed vacation is of no
further necessity to the general public.
2. A finding of consistency with the General Plan was made. There have been no objections
by any adjoining property owners.
3. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report Page Two
FINANCIAL IMPACT:
None. The applicant has paid the total amount of$I,200.00 for the completion of the vacation
proceedings.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF UNIVERSITY PARKWAY, WESTERLY OF
NORTH PARK BOULEVARD (PLAN NO. 11472)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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9 University Parkway, westerly of Northpark Boulevard, described in Resolution of Intention No.
10
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
having heard the evidence offered in relation to the proposed vacation of a certain portion of
2005-262, hereby find from all of the evidence submitted that such portion of said street
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15 certain portion of University Parkway, westerly of Northpark Boulevard, more fully described as
proposed to be vacated by said Resolution is unnecessary for present and prospective street
purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
16 follows:
17 A portion of land lying within Section 17, (unsurveyed), Township 1 North, Range 4
18 West, San Bernardino Base and Meridian, being a portion of the Rancho Muscupiabe per plat
recorded in Book 7, page 23 of Maps in the office of the County Recorder of the County of San
19 Bernardino, State of California, described as follows:
Commencing at the centerline of the intersection of University Parkway and Northpark
20 Boulevard as shown on Parcel Map 16307, filed in Book 200 of Parcel Maps, at pages 70
through 76, in the office of said County Recorder; thence along the centerline of University
21 Parkway, South 490 31' 29" West, 205.42 feet; thence at a right angle to said centerline, North
22 400 28' 31" West, 100.00 feet to the Point of Beginning; thence South 490 31' 29" West 125.14
feet; thence South 40028' 31" East, 10.00 feet; thence North 49031' 29" East. 125.14 feet;
23 thence North 40028' 31" West, 10.00 feet to the Point of Beginning.
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SECTION 3. 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 Bernardino or to any
public utility.
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08/16/05
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RESOLUTION ORDERING VACATION OF A PORTION OF UNIVERSITY PARKWAY, WESTERLY
OF NORTHPARK BOULEVARD (PLAN NO. 11472)
SECTION 4. It is hereby determined that the vacation of said street is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
Class I, Section 1530 I (c).
SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
8 this Resolution with the San Bernardino County Recorder's office after any conditions required
9 by the legislative body have been fully satisfied.
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III
III
III
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08/16/05
2
RESOLUTION ORDERING VACATION OF A PORTION OF UNIVERSITY PARKWAY, WESTERLY
OF NORTHPARK BOULEVARD (PLAN NO. 11472)
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Common Council of the City of San Bernardino at a
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
held on the
day of
, 20_, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
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22 The foregoing resolution is hereby approved this
23
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20_.
24
25 Approved as to form
26 and legal content:
JUDITH VALLES, Mayor
City of San Bernardino
27 JAMES F. PENMAN
City Attorney
28 By/~/f#--J~d
08/16/05
3
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ( j - &' ,eel Item # /1:) Resolution #
Vote: Ayes i- '7 Nays Abstain
,')r('~ -jCC;
Absent
Change to motion to amend original documents 0
Companion Resolutions
Null/Void After:
days/
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORDW/COUNTY 0
By:
--',,", " ,~, ~.-.
Date Sent to Mayor: ( /- I J - ( , ,Y
Date of Mayor's Signature: q I g, (, ()
''1 (), h (
Date of Clerk/CDC Signature: ~'I / () v \
Reso. Log Updated: ~'
/ Seal Impressed: all
Reso. # on Staff Report 0
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned: Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ,/ No By_
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Yes No By_
Yes No / By_
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Yes No J By
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Yes No By_
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
Fire Department
Human Resources
o
o
o
o
o
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
o
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EDA .
Facilities
Finance
Notes:
/
Ready to File: U.-
,'1 j / f /.,1'; (
Date: '~, ,V t. \
Revised 12/18/03