HomeMy WebLinkAbout14-Development ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution of Intention: Vacation
of the north-south alley, west of Mount
Dept: Development Services Vernon Avenue, north of 5`h Street
Date: July 17, 2006
File No.15.30-387 MCC Date: August 21, 2006
Synopsis of Previous Council Action:
February 21, 2006 Authorization was given to proceed with the proposed vacation of the north-
south alley, west of Mount Vernon Avenue, north of 5`h Street; Plan No.
11664, showing the proposed vacation was approved.
Recommended Motion:
Adopt Resolution
IA.~l~I,U~G. ~64~L
Valerie C. Ross
Contact person:
Ryan Sandoval
Supporting data attached: Staff Report/Maps/Resolution
Phone: 5226
Ward: 1
FUNDING REQUIREMENTS: Amount: 81,200.00 (Processing fee paid by petitioner)
Source: (Acct. No.) 001-000-4780
(Acct. Description) Street Vacation Fees
Finance:
Council Notes:
Agenda Item No
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention: vacation of the north-south alley, west of Mount Vernon Avenue, north
of 5`h Street.
BACKGROUND:
On December 13, 2005, this office received the application and processing fees for the proposed
vacation of the north-south alley bordered by Spruce Street on the north, Mt. Vernon on the east,
5`h Street on the south and Herrington Avenue on the west. The Economic Development Agency
made this request as part of a redevelopment project. The development will be an ARCO service
station with nine multiple point dispensers which will provide eighteen fueling positions.
Included with the ARCO will be an AM/PM Mini-Mart and aself-service car wash. A proposed
site plan is attached.
On the west side of the alley is a small retail strip mall. There is ingress and egress for this
center from driveways on 5`h Street and Herrington Avenue so the proposed vacation of this alley
will not affect access.
On February 21, 2006, authorization to proceed with the proposed vacation was given and Plan
No. 11664 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 were favorable. It was
requested to reserve easements for three utility companies (Southern California Edison,
Adelphia, and Time Warner). The property owner to the west also noted that his trash enclosure
opens onto the alley. We will reserve an access easement to the City for refuse service.
The attached Resolution of Intention sets a public hearing for Monday, September 18, 2006.
Upon approval, the Resolution will be published in the Sun, and this portion of the street posted.
At the Public Hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The applicant has paid the total amount of $1,200 for the completion of the vacation
proceedings.
RECOMMENDATION:
Adopt Resolution.
TY OF SAN BERNARDfNO
~IELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF THE NORTH
SOUTH ALLEY, WEST OF MT. VERNON
AVENUE, NORTH OF 5T" STREET
indicates un-incorporated areas
® within City's Sphere of Influence File No.: 15.30-387 Date: ~-Z~ 06
vaca. fr'on u
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
[NTENTION TO ORDER THE VACATION OF THE NORTH-SOUTH ALLEY, WEST
DF MOUNT VERNON AVENUE, NORTH OF ST" STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5AN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council of the City of San Bemazdino
declares its intention to order the vacation of the north-south alley, west of Mount Vemon
venue, north of 5`h Street as depicted on the attached map mazked as Exhibit "A" and described
as follows:
A portion of land being a portion of the Tompkins Subdivision per plat recorded in Book
page 98 of Maps in the office of the County Recorder of the County of San Bernardino, State
California, described as follows:
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it
Beginning at a point of intersection of the north line of Lot 6, with a line that is 1.40 feet
west of and parallel with the east line of said Lot 6, Block 1 of said Tompkins Subdivision;
thence south along said pazallel line across said Lot 6, and Lots 7, 8, 9, and 10 of said Tompkins
Subdivision to a point on the south line of said Lot 10; thence east along a straight line, a
distance of 18.6 feet, to the southwest comer of Lot 1, Block 1 of said Tompkins Subdivision;
thence north along [he west line of said Lot 1, and Lo[s 2, 3, 4, and 5 of said Tompkins
Subdivision to the northwest comer of said Lot 5; thence west along a straight line to the Point of
SECTION 2. That the Mayor and Common Council of the City of San Bemazdino, in
the above described portion of said alley, elects to proceed under and in accordance with
provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. That the hour of 4:00 p.m., on Tuesday, September 18, 2006, in the
icil Chambers of City Hall, 300 North "D" Street, San Bemazdino, California, is fixed as the
and place when and where all persons interested in or objecting to the proposed vacation
appear before the Mayor and Common Council and offer evidence in relation thereto.
14/06
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RESOLUTION OF INTENTION: VACATION OF THE NORTH-SOUTH ALLEY, WEST OF MOUNT
VERNON AVENUE, NORTH OF 5TH STREET.
For further particulars as to the proposed vacation, see that map marked "Plan No. 11664",
approved by the Mayor and Common Council on February 21, 2006, attached and incorporated
herein as Exhibit `A'.
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
for public utility purposes belonging either to the City of San Bemazdino or to any
utility; and there is hereby specifically reserved to Southern California Edison and its
and assigns an easement to construct, place, operate, inspect, maintain, repair, replace
remove any overhead or underground electrical transmission and/or distribution structure
of wires, cables, conduits, poles, pole anchors and guy wires, manholes mazkers and
fixtures and appurtenances and said easement shall include rights of ingress and egress;
there is specifically reserved for Time Warner Telecom and its successors and assigns an
to construct, place, operate, inspect, maintain, repair and replace underground and
structures consisting of wires, cables and necessary fixtures and appurtenances and said
shall includes rights of ingress and egress; and there is specifically reserved for
and its successors and assigns an easement to construct, place, operate, inspect,
n, repair and replace underground and overhead structures consisting of wires, cables and
ry fixtures and appurtenances and said easement shall includes rights of ingress and
and there is specifically reserved for the City of San Bemazdino and its successors and
an access easement over the proposed area to be vacated for refuse service.
SECTION 5. That the Director of Development Services of the City of San Bernardino
is directed to cause Notices of Street Vacation to be posted as required by said "Public
Highways and Service Easements Vacation Law."
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RESOLUTION OF INTENTION: VACATION OF THE NORTH-SOUTH ALLEY, WEST OF MOUNT
VERNON AVENUE, NORTH OF 5T" STREET.
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
Sun, a newspaper published and circulated in the City of San Bernazdino, prior to the above date
set forth for the public hearing.
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RESOLUTION OF INTENTION: VACATION OF THE NORTH-SOUTH ALLEY, WEST OF MOUNT
VERNON AVENUE, NORTH OF 5T" STREET.
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
mon Council of the City of San Bernardino at a meeting thereof
on the day of 20 , by the following vote, to
AYES NAYES ABSTAIN ABSENT
(VACANT
DERRY
AMMACK
foregoing resolution is hereby approved this
21~
City Clerk
day of
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as to form:
,. ~-
ES F. PE
Attorney
14/06
PATRICK J. MORRIS, Mayor
City of San Bemardino
4
Exhibit "A"
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CITY OF SAN BERNARDINO PROPOSED VACATION OF THE NORTH SOUTH ALLEY ,
DEVELOPMENT SERVICES DEPARTMENT WEST OF MT. VERNON, NORTH OF ST"
PUBLIC WORKS DIVISION
REAL PROPERTY SECTION
{mowed by:
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CITY ENGINEER
Prepared by:
Checked by:
Date
PLAN NO.: 11664 FILE N0.:1~0-387
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