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HomeMy WebLinkAbout12-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution of Intention: Vacation of a portion of Juniper Drive, northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive. Dept: Development serviceO i.' ,... '! , ~ L '" \0<. ". Ii Date: April II, 2002 Synopsis of Previous Council Action: File No.15.30-352 MCC Date: 05-06-2002 2/19/02 - Authorization to proceed was given for the proposed vacation of a portion of Juniper Drive, northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive and a request for waiver of fees was approved with the condition that the petitioner install a 4-foot sidewalk in the right of way adjacent to the vacated area. Recommended Motion: Adopt Resolution -J~ ~H\tL James Funk C ta t EILEEN GOMEZ on c person: Supporting data attached: StaffReport!Plan/Res. Ward: FUNDING REQUIREMENTS: Amount: Fees waived Source: (Acct. No.) (Ar:r:t n.."r:riptinn) Finance: Council Notes: '\ZeSo ~ d.OO.J. - \ J.- '\ Agenda Item No. I~ S/,,/tJ:J- , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention: Vacation of a portion of Juniper Drive, northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive. BACKGROUND: A request for an encroachment permit was received from Ron R. Rezek and Ron V. Rezek, owners of the four contiguous lots located on the north side of Willow Drive, easterly of Juniper Drive. The purpose of the encroachment permit was to allow the owners to build a 6- foot retaining wall 6 feet from the curb face adjacent to their property and also to install a 4-foot sidewalk adjacent to the curb. On February 19,2002, staff was authorized to proceed with the proposed vacation and Plan No. 10419 was approved. Also approved at the council meeting was a request for a waiver of fees in the amount of $1,000 in exchange for the petitioner installing a 4-foot sidewalk in the right of way adjacent to the vacated area. 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. Adelphia and Pacific Bell submitted requests to reserve easements for their existing facilities, which will be reserved in the Resolution ofIntention and the Resolution Ordering Vacation. The attached Resolution of Intention sets a public hearing for June 3, 2002. Upon approval, the Resolution will be published in The San Bernardino County Sun, the street will be posted and adjacent and affected property owners will be given notification of the public hearing. At the Public Hearing, a Resolution Ordering Vacation will be submitted for your action. FINANCIAL IMPACT: The vacation processing fees were waived in exchange for the petitioner installing a 4- foot sidewalk in the right of way adjacent to the vacated area. RECOMMENDATION: Staff recommends approval of the attached Resolution of Intention. j "I I I I I I ~I ... .s.1 ='1 ~ ~ I ~ ~ I ;~ itl ei ~ I "u ~~ I '- I .~ .81> ~ ICl ~ ~ I I ~ ~ I I i I L;.___-! r I -g. -"C-e I ~ ~ il I > t1! '" .. c: c: "C_; I .91l~ "'0" I .. - 0 3:-,,_ ~1i- I 'i' 3: liS - .. u a'CaI I 1:iii=t;" Co;,.m I j I I I I I I ~ .s~ :!!::: ;~ ~.5 '- II) .". -e ::s u 01 ~ II) .- d1 .!!I + .S! lJ II) ~ M M "'I ~ '0.. CD I Ql - .,.... <<i. C'O Q; ONo Ql c55 en .... "'" o .... o z z :s a. OJ > L --0 o L C OJ o 0... .- OJ ~C> o :J.- U --;) L o 0 > a ~ u 0 (fJ- OJc== ~o3: 0...:'::; u 2 0 C 0... 0... 0 OCl)Z zwo -0- Q - I- r" 0::>0 c(n:::w ZWCl) O::CI)~ WI-n::: mzw zWa.. c(~o cna..n::: u.ga.. oW-J ~rui1J -On::: o '.' e e ~(g[?W l 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A PORTION OF JUNIPER DRIVE, NORTHERL Y OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, 4 EASTERLY OF JUNIPER DRIVE. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 hereby declares its intention to order the vacation of a portion of Juniper Drive. northerly of 9 Willow Drive. and a portion of Willow Drive, easterly of Juniper Drive. described as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A strip ofland. 6.00 feet in width, lying within Juniper Drive and Willow Drive right-of-way, as said streets are delineated on the map of Tract No. 5659 as per map recorded in Book 75 of Maps. pages 70 & 71. records of the County Recorder of San Bernardino County. State of California. described as follows: Commencing at the most northerly corner of Lot 39 of said Tract No. 5659: thence North 340 12' 43" West. along the northwesterly prolongation of the northeasterly line of said Lot 39, a distance of 6.00 feet; thence South 550 47' 25" West, parallel with the northwesterly line of said Lot 39,a distance of 36.00 feet to the Tme Point of Beginning; thence continuing along said parallel line, South 550 47' 25" West, a distance of 27.07 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 226.00 feet; thence southwesterly, along said curve and said parallel line, through a central angle of 29025' 10", an arc distance of I 16.04 feet: thence leaving said parallel line South 260 22' 15" West, a distance of2.38 feet: thence South 13029' 27" West. a distance of29.54 feet to a line that is parallel with and 6 feet southwesterly of. as measured at right angles. the southwesterly line of said Lot 39; thence southeasterly, along said parallel line and along a line that is parallel with and 6 feet southwesterly ot: as measured at right angles, the southwesterly lines of Lots 16,37 and 38 of said Tract No. 5659. to the southwesterly prolongation of the southeasterly line of said Lot 36; thence northeasterly. along said southwesterly prolongation. a distance of 6.00 feet to the most southerly corner of said Lot 36; thence northwesterly along said southwesterly lines of said Lots 36. 37 . 38 and 39 and continuing northerly and northeasterly along said northwesterly line of said Lot 39. to a point that is 36.00 feet southwesterly of, as measured along said northwesterly line. said most northerly corner of Lot 39; thence North 55047' 25" West. a distance of6.00 feet to the Tme Point of Beginning. 25 26 /1/ e 27 (;1..0. /2 28 5/~/6Z 04/08102 e e e RESOLUTION OF INTENTION --- VACATION OF A PORTION OF JUNIPER DRIVE, NORTHERLY 1 OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER DRIVE 2 3 SECTION 2. That the Mayor and Common Council of the City of San Bernardino. in 4 vacating the above described portion of said street, elects to proceed under and in accordance 5 6 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. 7 SECTION 3. That the hour of 4:00 p.m., on Monday, June 3, 2002, in the Council 8 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 9 10 and place when and where all persons interested in or objecting to the proposed vacation may 11 appear before the said Mayor and Common Council and offer evidence in relation thereto. For 12 13 further particulars as to the proposed vacation, reference is made to that map marked "Plan No. I 0419", approved on February 19,2002, a copy of which is on file in the office of the City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1/1 of said City. 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 public utility and there is hereby specifically reserved for Adelphia, its successors, heirs and assigns, an easement 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; and there is specifically reserved for Pacific Bell, its successors, heirs and assigns, an easement 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. 04/08/02 2 1_ _ _ RESOLUTION OF INTENTION --- V ACA T10N OF A PORTION OF JUNIPER DRIVE, NORTHERLY 1 OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER DRIVE 2 SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to 3 4 cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and 5 Service Easements Vacation Law." 6 7 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 8 9 San Bernardino County Sun, a newspaper published and circulated in the City of San 10 Bernardino, prior to the above date set forth for the public hearing. 11 1// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04/08/02 3 ,- . RESOLUTION OF INTENTION --- V ACA T10N OF A PORTION OF JUNIPER DRIVE, NORTHERLY 1 OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER DRIVE 2 3 4 Common Council of the City of San Bernardino at a 5 6 7 8 19 The foregoing resolution is hereby approved this 20 21 22 23 Approved as to form and legal content: 24 25 26 By: 27 28 e 9 10 11 12 13 14 15 16 17 18 e 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 NA YES ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk day of ,20_. JUDITH V ALLES, Mayor City of San Bernardino 04/08/02 4 ~~"....!ll'W" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 5 -<::,-().;) Item # Vote: Ayes 1- )1 .2j - 'I Nays..f} Change to motion to amend original documents: - I d- Resolution # Abstain -G- dmd- \~1 Absent ~~ Reso. # On Attachments: -=-- Contract term: - Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTV NulINoid After: - By: Nt -r "'1 (,n e... Date Sent to Mayor: S -l) -0 d- Date of Mayor's Signature: 5- 't-O.9 Date ofClerklCDC Signature: S'.,q-ad Reso. Log Updated: V Seal Impressed: ~ o emolLetter Sent for Signature: 60 Day Reminder Letter da 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: - Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITV Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Ves ./ No By Ves No-L By Ves No --L By Ves N07 By Ves No By Copies Distributed to: City Attorney t/' Parks & Rec. v EDA Finance Code Compliance Dev. Services Police Public Services Water Others: Notes: MIS BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term. etc.) Ready to File: --D1L Date:. 5' -, Cl--<J;). Revised 01/12/01