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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Subject: Public Hearing 4:00 p.m. and
Director 0 D I (", ..., ^ L Resolution Ordering Vacation --- portions
I'. . ..- .. ..' of Laurelwood Dnve, east of Orchard
Dept: Development Services Drive and Orchard Drive, north and south
of Laurelwood Drive.
Date: August 6, 2003
Synopsis of Previous Council Action:
File No.15.30-370
MCC Date: 08-18-2003
07/21/03 - Authorization to proceed and approval for Plan No. 10755 was given, and Resolution
of Intention No, 2003-197 was adopted, for the proposed vacation of portions of Laurelwood
Drive, east of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive.
Recommended Motion:
I. 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 portions of Laurelwood Drive, east
of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive, are no longer
necessary for public street purposes, be adoptcd;
AND
rf-~:JI:~-
2.
Adopt Resolution.
Contact person:
EILEEN GOMEZ
Phone:
5328
Supporting data attached: Staff Report/ Map/Reso
Ward:
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FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acet Descri plio,,)
N/A
Finance:
Council Notes:
.\2t=n ~ 2C03-2"U:'
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 10:00 a.m. and Resolution Ordering Vacation m portions of Laurelwood Drive,
east of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive.
BACKGROUND:
On July 21, 2003, staff was authorized to proceed with the proposed vacation, Plan No. 10755
was approved, and Resolution ofIntention No. 2003-197 was adopted. The "HUB" project,
which is a proposed development in the area generally along Laurelwood Drive and Rosewood
Drive, west of Tippecanoe Avenue, will require a realignment of Laurelwood Drive from its
present intersection at Tippecanoe A venue to Harriman Place. This first phase of this
development involves the relocation of Sam's Club to the new site. The Economic Development
Agency is the project manager for this development, and the City is overseeing the design and
construction of street improvements.
The realignment of Laurelwood Drive and the proposed development will require those portions
of Laurelwood Drive, east of Orchard Drive and Orchard Drive, north and south of Laurelwood
Drive to be vacated. The portions of Rosewood Drive, between Orchard Drive and Tippecanoe
Avenue and Orchard Drive, south of Rosewood Drive were previously vacated by Resolution
No. 2002-348. The Economic Development Agency has either purchased all of the property
along the proposed vacation area, or is in the process of acquiring right of possession for the
remaining properties prior to the completion of the vacation.
City Departments, utility companies, and all adjacent or affected property owners were mailed
notification of the proposal, and were given the opportunity to submit comments on any conflicts
or to reserve easements. All responses received were favorable. The existing utilities were
granted temporary easements in the Resolution ofIntention and in the attached Resolution
Ordering Vacation. All temporary easements will be in effect pending the completion of the
relocation process. The City Water Department, The Gas Company, Southern California Edison,
Verizon California Inc., and Adelphia have submitted requests to reserve temporary easements
for their existing facilities. When development starts, existing facilities will either be relocated or
abandoned, at which time the temporary easements will terminate. The developer is
corresponding with utility companies requiring easements in that area to coordinate a design for
the relocation of existing facilities.
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:
I. The Director of Development Services has determined that the proposed vacation is of no
further necessity to the general public.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (cont)
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
4. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted. Temporary easements across the
area to be vacated will be reserved in the Resolution Ordering Vacation for The City
Water Department, The Gas Company, Southern California Edison, Verizon California,
Inc., and Adelphia, for their existing facilities.
FINANCIAL IMPACT:
None. Since this is a City initiated project, the $1.000 processing fee, normally collected to
cover staff costs, will not be collected.
RECOMMENDATION:
Staff recommends that the public hearing be closed, and that the findings of Facts and the
attached Resolution Ordering Vacation be adopted.
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RES()[~(~r)f
RESOUTlO'i OF THE CITY OF SA'i BER'iARDI'iO ORDERI'i(; TilE
L\CATlO'i OF PORTIO'i'S OF LAI'RELWOOD DRIY[, EAST OF ORCHARD
DRI\'E A:'ID ORCHARD DRIYE, :'IORnl A'iD SOITH OF LAlRELWOOD ORI\E
(PLA'i J\O. 1(755) A!\D RESERn'iG TDIPORARY EASE!\lE'ITS FOR CITY
SA'iIL\RY SEWER. \\ATERLlJ\ES, A'\D FOR EXISTI'iG I:T1LlTlES.
BI: II RESOL \TD BY TIlE \lA YOR A'\[) CO\!\IO\' COL:\C!L OF THF CITY OF
SA'..! BFR:\\RDI'\O .\S FOLLO\\S
SECTIO'l I. That th~ \lalor and Common Council of the City of San B~rnardino.
9 haying h~ard the eyidence of/Cored in relation to the proposed I'acation of those certain portions of
10 Laurel\\()(,d Drile. East of Orchard Driye and Orchard Drive. north and south of Laurelwood
11 Drilc. dcscrihed in Resolution of Intention No. ~003- I 97. herehy find ii'om all of the elidcnce
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submitted that such portions of said streets proposed to he lacated by said Resolution are
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unnecessarY i()r present and prospectile street purposes.
SECTlO'l 2. The !\l3yor and Common Council of said City do hereby yacate those
16 certain portions of Laur~lwood Dril'e. east of Orchard Drive and Orchard Driye. north and south
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of I.aurelllood Dril~. mor~ fully described as !()lloIIY
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Those portions of Laurelwood Drile and Orchard Dri,,? as d~tineated on the map of
Tract No. 2143 as per map recorded in Book 3g of \laps. Page 47. records of the
County Recorder of San Bernardino COunlY. State of California \llgdher with
portions of Lots 16. 17,41 and 4~ of said Tract 1\0. ~743. and together \yith a portion
of Lot ~4. Tract ]\0. 1~034. as per map recorded in Book 16g of lv1aps. Page 80.
records ofsaid County. described as liJllol\'s:
Beginning at the northwest corner of Lot ~lJ of said lract No. 2143. said point being
on the cast line of said Urchard Dri\'e: thence south along said east line to the north
line of said LaureillOod Drive: thence east along said north line and j(,llowing its
lariolls courses and distances to its intersection \\'ith the northerll line of llarriman
Place. as co!)\eled to the Cit) of San Bernardino in Document 1\0. ~(J(J~-06n481.
rccorded '\o\'ember 19. ~OO~. records of said Count\': thence southwesterly. along
said northerl\' line. to the south line of said Laurelllood Drile: tllence west, along
said slluth line and !(,llllwing its \'ariolls COllrses and distances. to the cast line of said
Orchard Dril'e: thence south. alllng said cast line. to its intersection with said
nllrthcrly line of lIarriman Placc: thence soutlmesterly. along said nllrtherly line. to
the II cst line llfsaid Urchard Dri\'e as shc)\\n un said map of Tract 1\0.12034: thence .
:--/ i [. c5{ 6
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RESOLlTIO:\ ORDERI~(; \',\CA TIO:\ OF THOSE CERTAI:\ I'ORTIO~S OF L\lREL\\OOI) DRIVE.
LAST OF ORCHAIW DRIVE A:"I) ORCHAlW DRIVE, MIRTH A!\D SOlTlI OF LAlREL\\OOD
DRI\T (I'LA," "0, loe,,) AXD IHcSERVlXG TD11'ORARY EASE!\cIE!\TS FOR CITY SAXITARY
SEWFR \\ATERLL"ES. AXD FOR EXISTI:\(; L'TlUTlES,
north, :lIllng s~id \\Cst line and Illllllwing its \'arillus courses and distances to the
nurtherl\ tcnninus uf said Urchard Dri\'e, said point being lm the westerl\
prolllngatilln of the north line of said Lot 20; thence cast. alllng said prolllngatilln, to
the' point of heginning.
L;;cepting therefrom an) portiuns of the abcl\e streets pre\iousl\ \'acated, Also described
in Resulutiun "I' Inkntilln 0:1l, 2003-197,
SEeTIO'\' 3. ;S:othing in this Resolution shall in an) \\ay affect or disturb any c;;isting
e~"ements fln public utllit\ purposes belonging eithcr tll the City of San Bernardino or to an)
public utility: and there is hereby specilically resened 1l1r the City of San Bernardino, its
12 successors. heirs and assigns. a temporary easement Illl' sanitary sewer and appurtenant facilities
13 o\'er the entire area proposed to be \acated. including the right at any time. or from time to time.
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to construct. maintain. operate, replace and rene\\ said scwer or appurtenances and said
templ)rary e~sement shall include the right of ingress and egress theretll: and there is hereby
speciliealh reserwd tln Southern California Edison, its successors, heirs and assigns. a
temporal'\' easement to construc\. place. operate, inspect. maintain, repair. replace and remo\'e
any o\erhead or underground electrical transmission and or distribution structure consisting of
\\ires. cables. conduits, poles. pole anchors and guy \\ ires. manhole markers and necessary
li;;turcs and appurtenances. and said temporary e~sement shall include the right of ingress and
egress thereto: and there is hereb\' specifically reserved flll' the City of San Bernardino :'\1unicipal
Water Department. its successors. heirs and assigns, a tcmporary easement for water utility
purposes 0\'Cr the entire area proposed to be \acated, including the right at any time, or from
time to lime. to construc\. maintain. operate, replace and renew one or more pipelines or
appurtenances for the transportation of water and related incidental purposes, and said temporary
easement shall include the right of ingress and egress thereto; and there is hercb) specifically
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RESOUTIO,"\ ORDERJ:\C VACATlO,' OF THOSE CERTAI;\; PORTlO'\S OF LALRELWOODDRI\'E.
EAST OF ORCHAIW DRI\'E A,\[) ORCHARD DRIVE. NORTH A'\D SOL'TH OF LALREL\\OOD
DRI\!' (PI.A,"" :\0. 107;;) A'\D RESEIH'L"\C TD11'ORARY EASEME'\TS FOR CITY SA'\ITARY
,'EWER. \\XITRLL"\ES. A'\D FOR EXISTI,\(; ['TIUTlES.
rcscned I"l' \'erizon Calit'lrllia. Inc.. its successors. heirs and assigns. a temrorary casement 10
construct. place. opera!c. inspect. mClintain. rerair and rerlace underground and o\erhead
6 structures consisting of \\ires. cables and necessary tixtures and aprurtenances and said
kmruran easement shall include the right of ingress and egress thereto; and there is hereb\'
specitical!y resened f,1[ The Gas Comrany. its successors. heirs and assigns. a temporary
casement OWl' the entire area proposed to be \acated. including the right at any time, or from
time to time. to construct. maintain. orerate. rtrlace and renew one or more pipelines or
aprurtenances for the transportation of natural gas. and said temporar\' easement shall include the
right of ingress and egress thereto: and there is hereby specificall\' reserved for Adelphia. its
successors. heirs and assigns. a temp,mlry easement to construct. place. operate. inspect.
maintain. rep3ir and replace underground and merhead structures c'lllsisting of wires. cables and
necessan lixtures ~ll1d appunen3nces and said kmpuran e3sement shal] include the right of
ingress and egress thereto, A]I 1emporary easements resen'ed herein sh311 terminate upon
relocation or abandonment of existing facilities.
SEcno'\' 4. It is herebv determined th3t the \ 3eation of said streets is categorically
ewmpt from tbe rcquirements of the California El1\ironmenwl Quality Act (CEQA). rursuant to
Class I. Scction 15301(c)
SEcno\' 5. The Cit\ Clerk IS hereby directed and authurizd to lile a certified cory of
this Resolution witb the San Bernardino County Recorder's omee,
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RESOIXTIO:" ORDERL'\C \ ACATIO'\ OF THO.sE (TRTAL'\ I'ORTlO:"S OF L\.IREL\\ OOIlIlIU\T.
1 EAST or ORCHARD DRI\E A'\I> ORCHARI> I>RI\E, .'\ORTH A:\1l SOCTH OF LAI REL\\OOIl
I>RI\'E (PL\:\ NO. 1(755) A'\I> RESER\I:\G TDII'ORARY L\SEME"TS FOR CITY S-\.'\ITAR\
2 SEWER. \\ATERL/:\ES. ANI> FOR EXISIT\C LTlUTlES.
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1 HEREBY CERTIFY that the foregoing resolution "as dul\' adopted b\ the \Ia\'or and
5 Common Council of the City of San Bernardino at a
meeting thereof
6 held on the
7 \\it
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20 The foregoing resolution is hereb\' appru\'t~d this
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day of
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. b\' the t()lIo\\ing \ote. to
Council \!embers: A YES
1\A YS
ABSTAI'\
ABSENT
ES llZ-\DA
LO:.!GVILLE
\IC(;I'\'\IS
DERRY
SLAREZ
\'\DERSO'J
11 lCCA:VI\lACK
Cit\' Clerk
da\' of
.20_
JLDITH VALLES. \lcl\or
City of San Fkrnardino
Approved as to form
24 and legal content:
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JA!\lES F. PE'\!\lA:\
26 City Attorney
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07'<22/03
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OFFICE m' THE CITY CLERK
RACHE'" G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
SM
August 20, 2003
County Recorder's Office
222 W. Hospitality Lane
San Bernardino, CA 92415
Attn: Recording Clerk
At the Mayor and Common Council meeting of August 18, 2003, the City of San Bernardino
adopted Resolution No. 2003-245 - Resolution ordering the vacation of portions of Laurelwood
Drive, east of Orchard Drive and Orchard Drive, north and south of Laure/wood Drive (Plan
No. 10755) and reserving temporary easements for City sanitary sewer, waterlines, and for
existing utilities.
Section 5 directs the City Clerk to file a certified copy of the resolution with the San Bernardino
County Recorder's Office; therefore, I am providing you with one certified copy of Resolution
No. 2003-245.
If you have any questions, please do not hesitate to call me at (909)384-5002, or you may contact
Eileen Gomez, Real Property Specialist, at (909) 384-5328.
~~[;;7~:1 /" 4; (".,-
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
'6- \ '6-c>3
'2~
Item #
Vote:
Ayes (-. to
Rr
Abstain
Nays
Change to motion to amend original documents: .-
Reso. # On Attachments: - Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor:
'6-\ CI-O:,
Date of Mayor's Signature: }(-l"l-o'3
Date ofClerklCDC Signature: '1S - 2-D -.Q.:;
Date Memo/Letter Sent for Signature:
'-=-- .
60 Day RemmdC:l Ldlvl gem 011 ,jutn day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
S...'" f_tt"....h~d:
See Attached:
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):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services /'
Public Services
Water
Police
Notes:
Resolution #
'2d"J3- z.~~
Absent f')
-0
Null/Void After:
By: (Y)1
Reso. Log Updated: v
Seal Impressed:
---"
Date Returned:
Yes (/ No By
Yes No-L By
Yes No-L By
Yes NO-f By
Yes No
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01