HomeMy WebLinkAbout19-Development Services
ORIGINAL
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Approval of Plan No. 11837 and
Resolution Ordering Vacation ~ Summary
vacation of a portion of Citrus Street west of
Mountain Ave and north of State Highway
210 (Route 30 Freeway).
Dept: Development Services
Date: October 16,2006
File No. 15.30-389
Synopsis of Previous Council Action:
MCC Date: 11/06/2006
None
Recommended Motion:
I. That Plan No. 11837 showing the proposed vacation ofa portion of Citrus Street west
of Mountain Ave and north of State Highway 210 (Route 30 Freeway), be approved.
AND
2. Adopt Resolution
Vd.tuV t. Rw
Valerie C. Ross
Contact person: Ryan Sandoval, Real Property
Phone: 5226
Supporting data attached: StaffReoort. Application. Maps
and Resolution.
Ward: 7
FUNDING REQUIREMENTS: Amount: None
Acct # 001-000-4780-0000
$600.00 Summary Vacation Processing Fee Paid by
Source: Applicant
Account Description: Described above
Finance:
Council Notes:
~C50 otooto- 37cF
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Approval of Plan No. 11837 and Resolution Ordering Vacation - Summary vacation ofa portion
of Citrus Street west of Mountain Avenue and north of State Highway 210 (Route 30 Freeway).
BACKGROUND:
On June 27, 2006, an application was received from Charles R. Littleton, requesting the vacation
of a portion of Citrus Street, west of Mountain Avenue and north of State Highway 210 (Route
30 Freeway). Mr. Littleton has requested the vacation of this portion of Citrus Street to join the
properties owned by him on both north and south sides of Citrus Street. Attached is a vicinity
map showing the general location of the proposed vacation (See Exhibit nAn) and a copy of Plan
No. 11837 showing the proposed area to be vacated. (See Exhibit "B")
Pursuant to Section 8331 of the Streets and Highways Code, a street may be summarily vacated,
without notice and hearing ifboth of the following conditions exist:
(a) For a period of five consecutive years, the street or highway has been impassable for
vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.
No improvements have been made to this parcel and with the southerly portion of Citrus Street
having been vacated by the Board of Supervisors of San Bernardino County on April 13, 1970, it
has been an impassable street and no public money has been used to maintain this portion of
Citrus Street.
. Also pursuant to SectiOli 8333 of the Streets and Highways Code, a public service easement may
be summarily vacated, without notice and hearing if the easement has not been used for the
purpose for which it was dedicated or acquired for five consecutive years immediately preceding
the proposed vacation.
On August 21, 2006, all city departments and utility companies were notified by a mailed notice
to determine if any conflicts exist with the proposed vacation. No conflicts and no reservation of
easements were requested.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that Plan No. 11837 showing the vacation of a portion of Citrus Street and the
Resolution Ordering the Summary Vacation of this portion of Citrus Street be approved.
Exhibits:
"A" = Vicinity Map
"B" = Plan No. 11837
"C" = Resolution
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APPLICATION FOR STREET / ALLEY / EASEMENT VACATION
To: City of San Bernardino
Development Services Department, Real Property Section
300 N. "0" Street- 3~ Floor, San Bernardino, CA 92418
(909) 384-5 III
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the
following street I alley I easement located in the City of San Bernardino pursuant to Section 8300 et seq. of
the Slate of California Streets and Highways Code: (Name the street or describe the location of the alley or
easement and portion requested for vacation along with a plat map delineating the area)
Citrus Street abutting Lot 3, Block 16 and Lot 3, Block 17 of the "Orange
Grove Tract", between Mountain Avenue and State Highway 30.
The vacation is requested for the following reason(s),
No longer in use due to freeway construction, previously used as a
Railroad, now abandoned.
I understand that a total non-refundl'ble fee of _..11.200.00 shall be paid by me as a cost of the
proceedings, one-half of which $600.00. is hereby enclosed. The remainder of $600.00 shall be due and
payable after the investigative proceedings are complete and prior to the commencement of the legal
proceedings. I further understand that said fees are NOT payment for any real property or
improvements thereon, but for the eosts of tbe vacation proceedings ONLY and tbat tbe City of San
Bernardino does NOT determine underlying ownersbip of tbe area to be vacated nor does it guarantee
title to any property involved and I have been advised tQ consult a title company to determine such
ownership.
I understand that at the conclusion of the investigative proceedings, the City will notify me of its
findings including and conflicts with City facilities now located in the area proposed to be vacated, or the
request by any utility company for the reservation of any existing easements and that such conflicts or
reservations may affect the intended use of the proposed area, once vacated, and that I may elect to terminate
or continue tbe proceedings. If I elect to continue, tbe remaining unpaid fees shall be paid by me prior to tbe
continuance of said proceedings.
I understand that the requested vacation is subject to the approval of the Mayor and Common Council
of the City of San Bernardino and that there is no guarantee that such approval will be made.
t -27-0b
Date
c~P,iuiJr
Signature
CI/1R1 Fe; R t.lmETc)~J
Print Name
ror 'ico 33q7/
Tel. No.
. )~'&,fW",e/..~
3Jb!i &o/.O/.?/i/I1VJ5..P t..a. 7246'1
Address - City, State, Zip
0/2104
PLEASE NOTE:
The City requests that at least 90% of the adjoining property owners (not tenants) indicate interest in the
\ proposed vacation. Please have all interested parties complete and sign this petitio" prior to submitting 10
'\..,!he City. Attach additional sheets as necessary.
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We, the undersigned property owners, or authorized agents thereof, have read aDO. !"tnderstand the
application and wish to proceed with the requested vacation as stated herein.
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Tel. No. Address - City, State, Zip
Date Print Name Signature
Tef. No. Address - City. State. Zip
Date Print Name Signature
Tel. No. Address - City, State, Zip
Date Prjnt Name Signature
Tel. Na. Address - City, State, ,Zip
Delte Print Name Signature .
Tel. No, Address City, State, Zip
Date Print Name Signature
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Date Print Name Signature
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SV01. Rev. 03/2004
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Proposed Summary
Street Vacation
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VICINITY MAP
EXHIBIT" A"
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
SUMMARY VACATION OF A PORTION OF CITRUS
STREET WEST OF MOUNTAIN AVENUE AND
NORTH OF STATE HIGHWAY 210 (ROUTE 30
FREEWAY)
~ Indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 8/21/06
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INDICATES AREA OF VACATION ~ >".:...
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EXHIBIT "B" ~
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DATA
DELTA/BIWUNG IW)IUS LENGm
1 N 89'J8'58.E 35.10
2 N 89'J8'58.E 404.62
3 N 00"17'47"E 64.40
4 N 8Y3,'07"W 152.16
5 N 89'J8'58"E 289,06
6 N 00"34'51"W 8.09
7 6708'06. 68.00 79.68
8 N 05'OI'3Q.E 8.17
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LEGEND:
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION OF CITRUS STREET
WEST OF MOUNTAIN AVE AND NORTH OF STATE HIGHWAY
210 (ROUTE 30 FREEWAY),
Prepared by: Ryan Sandoval Date: 8/21/06
Checked by: ' ~/tl ;'J-v- Date: ,j/"ll{ era
1.1 "
PLAN NO.: 11837 FILE NO.: 15.30-389
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RESOLUTION NO.
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RESOLl'TlO~ OF THE CITY OF SA:" BER:"IARDI~O ORDERI:\G THE
SUMMARY VACATION OF A PORTION OF CITRUS STREET WEST OF
MOUNTAIN AVENUE AND NORTH OF STATE HIGHWAY 210 (ROUTE 30
FREEW A Y).
WHEREAS, the '\layor and Common Council of the City of San Bernardino desire to
summarily vacate a portion of Citrus west of Mountain Avenue, north of State Highway 210
(Route 30 Freeway), in the City of San Bernardino, without notice and hearing; and
WHEREAS, the area proposed to be vacated is more fully described as follows:
ALL THAT CERTAIN REAL PROPERTY r.-; THE CITY AND COUNTY OF SAN BERJ'iARDINO,
STATE OF CALIFORNIA: BEING A PORTION OF CITRUS STREET LYING WITHIN LOT 3 IN BLOCKS 16
AND 17 OF THE "ORA.NGE GROVE TRACT' AS PER PLAT RECORDED IN BOOK 11 OF MAPS, PAGE 14,
RECORDS OF SAID COL"'iTY, SAID PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 3 WITH THE
13 NORTIlERL I' LI)1E OF SAID CITRUS STREET (82.S' WIDE);
14 THENCE ALONG SAID NORTHERLY Lr.\E SOUTH 89'38'S8" WEST, 3S,I0 FEET TO THE TRl'E
POI:\T OF BEGINNING;
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161
THENCE CONTr.\Ur.\G ALONG SAID NORTHERLY LINE SOUTH 89'38'S8" WEST, 404.62 FEET
TO THE WESTERLY Ll1\E OF SAID LOT 3;
THENCE ALONG SAID WESTERLY LI1\E SOUTH 00'17'47" WEST, 6440 FEET TO THE
NORTHERL Y LI"E OF STATE HIGHWAY ROUTE 30;
THENCE ALONG SAID "ORTHERLY LINE SOUTH 83'31'07" EAST, IS2,16 FEET TO THE
SOUTHERL Y LINE OF SAID CITRUS STREET;
TIlE"CE ALONG SAID SOCTHERL I' LINE :--lORTH 89'38'S8" EAST, 289.06 FEET TO SAID
EASTERLY LI1\E OF LOT 3;
THENCE ALONG SAID EASTERLY LI:--lE NORTH 00'34'St" WEST, 8.09 FEET TO A POINT ON A
NO:'-i.TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 68.00 FEET, A RADIAL
L])1E TO SAID POINT BEARS SOUTH 27'S3 '24" WEST;
,
THENCE NORTHWESTERLY ALONG SAID CURVE AND ARC DISTANCE OF 79.68 FEET
THROUGH A CENTRAL ANGLE OF 67'08'06";
THENCE TANGENT TO SAID CURVE, NORTH OS'OI '30" EAST, 8.17 FEET TO THE TRUE POINT
OF BEGINNING.
For further particulars as to the proposed vacation, see the map marked "Plan No. 11837",
approved concurrently on November 6, 2006 attached and incorporated herein as ExhibiI "A",
10/05106
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RESOU'TIO'" OF THE CITY OF SA;\ BERSARDI:-IO ORDERISG THE SDDiARY \'ACA TlO;\ OF A
PORTION OF CITRI'S STREET WEST OF \/Ol':HAI;\ A\'E:\'lE A....;n NORTH OF STATE H1GHWA Y
210 (ROl'TE 30 FREEWAY),
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41 BE IT RESOL "ED BY THE :\1.-\ YOR AND COMMON COL'NCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION I, That the Mayor and Common Council of the City of San Bernardino elect
to proceed with the summary vacation as described above, 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,
SECTION 2. That pursuant to Section 8331 of said Streets and Highways Code, the
Mayor and Common Council do hereby find that said street may be summarily \'acated, without
notice and hearing, for the following reason: said street to be vacated has been impassable for
e 14 general public vehicular travel for a period of five consecutive years and no public money has
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been expended for maintenance on the street during such time period,
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SECTION 3. It is hereby detennined that the vacation of said street is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
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Class I, Section 15301(c),
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 Bernardino or to any
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public utility that existed prior to these vacation proceedings, ,
SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
this Resolution with the County Recorder of San Bernardino County, and shall not take effect
until such filing,
10/05106
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RESOLlTIO,\; OF THE CITY OF SAN BERNARD''\;O ORDERI,\;G THE SUMMARY \'ACATIO,\; OF A
1'1 PORTION OF CITRUS STREET WEST OF '\IOU"-V.''\; A\'ENUE AND NORTH OF STATE HIGHWAY
21U (ROl'TE 30 FREEWAY),
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3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
, 20 , by the following vote, to
NAYS
ABSTAIN ABSENT
wit:
8 Council Members: AYES
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ESTRADA
BAXTER
VACANT
DERRY
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KELLEY
JOHNSON
MCCA!vlMACK
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City Clerk
21 The foregoing resolution is hereby approved this
day of
,20_
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10/05/06
P A TRlCK r MORRlS, Mayor
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DATA
DELTA/BEARING RADIUS
N 89'38'58"(
N 89'38'58"(
N 00"17'47"(
N 8J'31'07"W
N 89'38'58"(
N 00'34'51 "W
6T08'06" 68.00
N 05'01'30"(
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LENGTH
35.10
404.62
64.40
152.16
289.06
8.09
79.68
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EXHIBIT" A" ~
LEGEND:
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
J
PROPOSED VACATION OF A PORTION OF CITRUS STREET
WEST OF MOUNTAIN AVE AND NORTH OF STATE HIGHWAY
210 (ROUTE 30 FREEWAY).
Prepared by: Ryan Sandoval Dale: 8/21/06
Checked by: 'ri', /)(/ Dale: .J!)'(CIc
. ,
PLAN NO.: 11837 FILE NO.: 15.30-389
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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
City of San Bernardino, City Clerk
AND WHEN RECORDED MAIL TO:
City of San Bernardino
City Clerk's Office
300 N. "0" Street, 2nd Floor
San Bernardino, CA 92418
SPACE ABOVE FOR RECORDER'S USE ONLY
Resolution 2006-378
Title of Document
rrHIS ARFJA FOR
RECORDER'S
USE ONLY
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev. 6/00:ha)
(Word/S:/Doc Exam/Cover Sheet)
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) SS
CITY OF SAN BERNARDINO )
I, RACHEL G. CLARK, City Clerk for the City of San Bernardino,
DO HEREBY CERTIFY that the foregoing and attached copy of the Cityof
San Bernardino Resolution No. 2006-378 is a full, true and correct copy of
that now on file in the Office of the City Clerk.
. IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this 14th day of November,
2006.
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By: ftargl/tit Fedor. Deputy City Clerk