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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Dept: Development servOiceRs ,1'\ .. , ~ L
Date: June 25, 2002 i ~ , I w,..t
Subject:Plan Approval and Resolution-
Summary vacation of an easement for
the future extension of Indian Canyon
Court.
Synopsis of Previous Council Action:
File No. 15.30-366
MCC Date: 07-15-2002
None.
Recommended Motion:
I. That Plan No. 10499, depicting the proposed summary vacation of the future extension of
Indian Canyon Court, be approved.
and
2. Adopt Resolution
~r~
James Funk
Contact person: Eileen Gomez, Real Property Specialist Phone: 5328
Supporting data attached: StaffReport!Map/Res.
Ward: 4
FUNDING REQUIREMENTS: Amount: $500 (Processing fee paid by applicant)
Source: (Accl. No.) 001-000-4780
(Accl. Description) Street Vacation Fees
Finance:
Council Notes:
'i2.~o~ Me 2.32
Agenda Item No.
:Jl)
71/5}D1-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Plan Approval and Resolution - Summary vacation of an easement for the future extension of
Indian Canyon Court.
BACKGROUND:
Recently, this office received a request from Marc Conway, residing at 3167 Indian Canyon
Court, to vacate a 50-foot (50') wide road easement through his property. The easement was
dedicated to the City for the future extension ofIndian Canyon Court when Tract No. 13470 was
recorded, but remains unimproved. The land that abuts Mr. Conway's parcel is now part of the
San Manuel Indian Reservation and has no future potential development. It has been determined
that the easement is unnecessary for present or prospective public street purposes. At present,
the easement area consists of a large ditch that remains unimproved. The removal of this
easement would allow the property owner to invest in the improvement and maintenance of his
property. This would also improve local property values and release the City of any liability
Issues.
Pursuant to Section 8331 of the Streets and Highways Code, a street may be summarily vacated,
without notice and hearing, in the event that a street or highway has been impassable for general
public vehicular travel and no public money was expended for maintenance on the street or
highway during such period. The vacation of this easement is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section
15301(c).
FINANCIAL IMPACT:
Applicant has paid the $500 vacation fee.
RECOMMENDATION:
Adopt Resolution.
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DMSION
REAL PROPERTY SECTION
Approved by:
~d:Ju/:J~ ~A
CITY t'NGINEER
PROPOSED SUMMARY VACATION OF THE FUTURE
EXTENSION OF INDIAN CANYON COURT.
Prepared by:
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Checked by: jl/$#.# ,t;.","/
PLAN NO.: 10499 FILE NO.: 15.30-366
VACATION SHOWN THUS: ~
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RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 SUMMARY VACATION OF AN EASEMENT FOR THE FUTURE EXTENSION OF
INDIAN CANYON COURT LOCATED ACROSS LOT 8, TRACT 13470, IN THE CITY
4 OF SAN BERNARDINO.
5
WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to
WHEREAS, the easement proposed to be vacated is more fully described as follows:
9
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14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
That 50 foot easement for the future extension ofIndian Canyon Court, as said easement is
delineated on the amended map of Tract No. 13470, as per map recorded in Book 233 of
Maps, Pages 18, 19 and 20, records of the County Recorder of San Bernardino County,
State of California.
15
16
17 to proceed with the summary vacation of that 50 foot easement as described above, under and in
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino elect
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
20
21
22
California.
SECTION 2. That pursuant to Section 8331 of said Streets and Highways Code, the
23 Mayor and Common Council do hereby find that said easement may be summarily vacated,
07/12/02
1/15/LY)-
.
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'! II I
RESOLUTION ORDERING SUMMARY V ACA TlON OF AN EASEMENT FOR FUTURE EXTENSION
1 OF INDIAN CANYON COURT LOCATED ACROSS LOT 8 OF TRACT 13470 (Plan No. 10499)
2
3
SECTION 3. It is hereby determined that the vacation of the easement is categorically
4 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
5 Class I, Section 15301(c).
6
7
8
9 13470, as more fully described herein.
10
11
12
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SECTION 4. The Mayor and Common Council of said City do hereby summarily
vacate the easement for the extension ofIndian Canyon Court, located across Lot 8 of Tract
SECTION 5. 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 that existed prior to these vacation proceedings.
SECTION 6. The City Clerk is hereby authorized and directed to file, or cause to be
14
15 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County,
16 and shall not take effect until such filing.
17 / /I
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06/26/02
2
" II I
i' {
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1 RESOLUTION ORDERING SUMMARY V ACA TION OF AN EASEMENT FOR FUTURE EXTENSION
OF INDIAN CANYON COURT LOCATED ACROSS LOT 8 OF TRACT 13470 (Plan No. 10499)
2
3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
5
6
7
meeting thereof
held on the
day of
,20_, by the following vote, to
wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
8
9 ESTRADA
10 LIEN
.
11 MCGINNIS
12
13
14
15
DERRY
SUAREZ
ANDERSON
16 MCCAMMACK
17
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19 The foregoing resolution is hereby approved this
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Approved as to form
24 and legal content:
City Clerk
day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
.
25 JAMES F. PENMAN
26 City Attorney
. /)..... ". /
27 By. (,,,,,,,.
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28 / /
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06/26/02
3
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '1-15-0;)... Item # {) 0 Resolution # /) C:()d- - d- 3;;;L
Vote: Ayes \-'1 Nays..()- Abstain -G-- Absent -e-
Change to motion to amend original documents: -
Reso. # On Attachments: ~ Contract tenm:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: '1- \ Go, - O.;}-
Date of Mayor's Signature: f") - \ .,-0';)
Date of Clerk/CDC Signature: f)-I') '() ;;r
Date Memo/Letter Sent for Signature:
.~
60 Day Remmoel Ldk,[ ~\!'Rt nn lOth day:
See Attached:
See Attached:
See Attached:
90 Day Reminder Letter Sent on 45th day:
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.
NullNoid After: -
By: ~. C;O/J1EZ-
Reso. Log Updated: ,/'
Seal Impressed: J/
Date Returned:
Yes L No By
Yes No ~ By
Yes No.-L By
Yes No ~ By
Yes No/ B
Code Compliance Dev. Services / EDA Finance
Police Public Services Water Others:
MIS
Notes:
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: m.o(
Date: f}- ( f( -0 g-
Revised 0 II 12/0 I