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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public Hearing at 4:30 p.m. and
Resolution Ordering Vacation of an east-
west alley, northerly of Little League Drive
and east of Magnolia Avenue.
Dept: Development Services
Date: July 9, 2007
File No. 15.30-392 MCC Date: August 6, 2007
Synopsis of Previous Council Action:
5/21/2007 - Authorization was given to proceed with the proposed vacation of an east-west
alley, northerly of Little League Drive and east of Magnolia Avenue; Plan No.
12171 showing the proposed vacation, was approved.
7/02/2007 - Resolution No. 2007-210 was adopted, declaring its intention to vacate an east-west
alley, northerly of Little League Drive and east of Magnolia Avenue, and setting a
public hearing for August 6, 2007.
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 east-west alley, northerly of Little
League Drive and east of Magnolia Avenue is no longer necessary for public street
purposes, be adopted.
AND
2.
Adopt Resolution.
JdLtuiJo.:t~
Valerie C. Ross
Contact person:
Rvan Sandoval
Phone: 5226
Supporting data attached: Staff~eport, Maps, Resolution Ward: 5
FUNDING REQUIREMENTS:
Amount: $2,000.00 (Processing fee paid by petitioner)
Source: Acct # 001-000-4780
Account Description: Street Vacation Fees
Finance:
Council Notes:
Agenda Item No.
LIs-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of an east-west alley, northerly of
Little League Drive and east of Magnolia Avenue.
BACKGROUND:
On March 27, 2007, an application was received from Eli Wendell on behalf of Hopkins Real.
Estate Group, requesting the vacation of an east-west alley, northerly of Little League Drive and
. east of Magnolia Avenue. Hopkins Real Estate Group has requested the vacation of this east-
west alley relative to a development project (Verdemont Town Center) that is proposed to be
built on property adjacent to the alley. The alley is located on parcel number 0261-181-11 which
is owned by the developer of the proposed commercial project. The alley is unimproved and is
not being used for public access. Plan No. 12171 showing the details of the proposed vacation is
shown on the attached plan.
On May 7, 2007, authorization to proceed with the proposed vacation was given and Plan No.
12171 was approved. City departments, utility companies and other govemment 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 all were favorable of the vacation.
There were requests to reserve an easement from Southern California Edison and Charter
Communications and temporary easements will be reserved for the above public utilities as
required by law, which will stay in affect until the utilities are either abandoned or relocated.
On July 2,2007, Resolution No. 2007-210 was adopted declaring the City's intention to order
the vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue,
and setting a public hearing for August 6, 2007. The Resolution was published in the Sun
newspaper, and the alley posted with notices, as required by law. The applicant requesting the
street vacation and all affected property owners in the area were notified of the public hearing.
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:
1. The Director of Development Services has determined that the alley that is proposed to
be vacated is of no further necessity to the general public.
2. It does not conflict with the General Plan.
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.
5.
Easements across the area to be vacated will be reserved in the Resolution Ordering
Vacation for Southern California Edison and Charter Communications.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Page Two - Staff Report
FINANCIAL IMPACT:
None. The applicant has paid the total amount of$2,000 for the completion of the vacation
proceedings.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
Proposed Alley
Vacation
Highland Ave.
Base Line St.
5thSt.
Riano Ave.
Orange how Rd.
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VICINITY MAP
No Scale
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF AN EAST-WEST
ALLEY, NORTHERLY OF LITTLE LEAGUE
DRIVE AND EAST OF MAGNOLIA AVE.
~ indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Jeanne' Fitzpatrick Date: 04/11/07
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o 60
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120
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240
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NWL Y R/W LINE
CHESTNUT AVE.
60'
30'
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(IN FEET)
1 inch = 120 ft.
NE'L Y R/W LINE OF ALLEY
PER TRACT NO. 3167
M.B. 42/59
PORTION BLOCK 71
PLA T OF THE TOWN OF IRVINGTON
AND THE LAND OF IRVINGTON LAND
& WATER CO.
M.B. 3/9
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-
-
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----=. L I
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--
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NE'IL Y LINE OF DEED
TO THE CITY OF
SAN BERNARDINO
REC. 04/18/72, PER
7911/578 O.R.
(BASIS OF BEARINGS)
- N5915'JO.W 1109.25'
215
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289.16'
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BASIS OF BEARINGS:
CURVE
Cl
LEGEND:
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"
219.94'
P.O.B. - POINT OF BEGINNING
C/\' - CENTERLINE
R/W - RIGHT-OF-WAY
O.R. - OFFICIAL RECORDS
~ - AREA OF VACATION
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THE CENTERLINE OF KENDALL DRIVE BEING
SOUTH 5915'30. EAST PER TRACT NO. 3167
M.B. 4:1/59.
LINE
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LINE TABLE
BEARING LENGTH
N46'36'39.W 91.J4'
CITY OF SAN BERNARDINO
VELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Prepared by: Jeanne'marie Fitzpatrick Date: 4/1112007
Checked by: L... HJl:+.ISY Dais: all: / ()7 I
PLAN NO.: 12171 FILE NO.: 15.30.392 JI
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1 OF 1
ALLEY VACATION
PROPOSED VACATION OF AN ENV ALLEY NORTHERLY
OF LITTLE LEAGUE DR AND EAST OF MAGNOLIA AVE
lo...7ft-Y TAIT & ASSOCIA~INC:
Engineering. Surveying. Envlrorvnental
701 PARKCENTER DRIVE, SANTAANA, CAUFORNIA92705
TEL (714) 580-8200
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE
DRIVE AND EAST OF MAGNOLIA AVENUE.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways,
and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway
Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence
10 offered in relation to the proposed vacation of an east-west alley, northerly of Little League Drive
11 and east of Magnolia Avenue, described in Resolution of Intention No. 2007-210, hereby find
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from all of the evidence submitted that proper notice has been given and that such street/alley
proposed to be vacated by this Resolution is unnecessary for present and prospective street
purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate an east-
west alley, northerly of Little League Drive and east of Magnolia Avenue, more fully described
as follows:
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That portion of the 20-foot wide alley, as per Tract No. 3167, in the City of San Bernardino,
20 County of San Bernardino, State of California, as shown on a map filed in Book 42 Page 59 of
Maps, adjoining Lots I through 8, inclusive, of said Tract Map, Official Records of the office of
21 the County Recorder of said County, more particularly described as follows:
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Beginning at the intersection of the northwesterly right-of-way line of Chestnut Avenue
23 (60.00 feet in width) and the southwesterly right-of-way line of said alley, said intersection also
being the northeasterly comer of said Lot I; Thence, along said southwesterly right-of-way line
24 of alley, said southwesterly line also being the northeasterly lines of said Lots I through 8, North
25 590 IS' 30" West, a distance of712.23 feet to its intersection with the northeasterly line of that
certain easement (Little League Drive) granted to the City of San Bernardino, Recorded April
26 18, 1972 in Book 7911 Page 578 Official Records of said County; Thence, along said
northeasterly line, North 460 36' 39" West, a distance of 91.34 feet to its intersection with the
27 northeasterly right-of-way line of said alley; Thence, along said northeasterly right-of-way line,
28 South 590 IS' 30" East, a distance of 800.38 feet to its intersection with said northwesterly
right-of-way line of Chestnut Avenue; Thence, along said northwesterly right-of-way line, South
27057' IS" West, a distance of 20.02 feet to the Point of Beginning.
07/09/07
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08/0l.t / D 1
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TION OF AN EAST.
WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE.
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SECTION 3. 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 Southern California Edison, its
successors, heirs and assigns, a temporary easement to construct, place, operate, inspect,
maintain, repair, replace and remove any overhead or underground electrical transmission and/or
distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires,
manhole markers and necessary fixtures and appurtenances and said easement shall include
rights of ingress and egress; and there is specifically reserved for Charter Communications, its
successors, heirs and assigns, a temporary easement to construct, place, operate, inspect,
maintain, repair and replace underground and overhead structures consisting of wires, cables
. 15 and necessary fixtures and appurtenances and said easement shall include rights of ingress and
16 egress. The temporary easements set forth herein shall terminate upon relocation or
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exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
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abandonment of the affected utilities.
SECTION 4. It is hereby determined that the vacation of said alley is categorically
Class I, Section 15301(c).
22 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
23 this Resolution with the San Bernardino County Recorder's office.
/II
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07/09/07
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF AN EAST-
WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
wit:
Council Members:
NAYS
AYES
ESTRADA
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BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
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20 The foregoing resolution is hereby approved this
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MCCAMMACK
Approved as to form:
07/09/07
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meeting thereof
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, by the following vote, to
ABSTAIN
ABSENT
City Clerk
day of ,20_,
PATRICK J, MORRIS, Mayor
City of San Bernardino