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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
OR" , I" . I , · L
. 1IV1lh~
Dept: Development Services
Subject: Resolution of Intention -
Proposed Vacation of a Portion of
University Parkway, North of Kendall
Drive.
Date: March 9, 2001
Synopsis of Previous Council Action:
File No. 15.30-355
MCC Date: 04-02-2001
02-05-2001 - Authorization was given to proceed with the vacation of a portion of University
Parkway, northeasterly of Kendall Drive and Plan No. 10210 was approved.
Recommended Motion:
ADOPT RESOLUTION
-~!!::!-
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Plan
Phone: 5026
Ward: 5
FUNDING REQUIREMENTS: Amount: $1,000.00 (Processing Fee)
Source: (Acct. No.) 001-000-4780
(Acct. Description) Vacation Processing Fee
Finance:~~~
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution ofIntention - Proposed Vacation of a Portion of University Parkway, North of
Kendall Drive.
BACKGROUND:
A petition to vacate a portion of the westerly side of University Parkway, north of Kendall Drive
was subrnitted to this office by the adjacent property owner, University Conunons, LLC.
University Conunons purchased this property from the City in May, 2000, and is planning a
conunercial retail development for this site. They would like to use the area requested to be
vacated for additional on site parking. There is an existing strip oflandscaping within the area
proposed for vacation, that is maintained by an assessment district, which will be relocated upon
development of this site to acconunodate the installation of a sidewalk. The petitioner has paid
$500, which is the first-half of the processing fees. The remaining fees will be due and payable
prior to the completion of the proceedings. A vicinity map is attached as Exhibit I, and a detail
map of the area to be vacated is attached as Exhibit'''2''.
University Parkway has a half-width of I 00 feet. The City's standards for a major arterial street
with a median, such as University Parkway, is a half width of 60 feet. Thus, the additional 40
feet could be determined as excess right of way. This vacation would not affect any existing
improvements and the right of way remaining would still adhere to City standards.
The City acquired this right of way in fee, rather than just an easement and will still retain
ownership of the area even after vacation. The petitioner has indicated that he would like to
either lease or purchase the property if the vacation is approved. Upon completion of the
vacation proceedings and approval by the Mayor and Council, staff can initiate a lease or sale of
the property at that time.
On February 5, 2001, staff was authorized to proceed with the proposed vacation. City
departments and utility companies were notified of the proposed vacation and asked to respond
with any conflicts or reservation of easements. Although no conflicts were noted, Southern
California Edison did request a reservation of an easement for existing facilities, which will have
to be reserved.
The attached Resolution sets a public hearing for May 7,2001, at which time the Resolution
Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The petitioner has paid $500, which represents the first half of the processing fee and will
pay the remainder prior to the conclusion of the proceedings.
RECOMMENDATION:
Adopt Resolution.
Portion of University Parkway
to be vacated
No Scole
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VICINITY MAP
EXHIBIT 1
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of a portion of
the Northwesterly side of Univesity
Parkway, Northeasterly of Kendall
Drive
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.:
,'j:3d- 35
Date: ~.-I-o;
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1
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RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF UNIVERSITY
P ARKW A Y NORTHEASTERLY OF KENDALL DRIVE AND RESERVING CERTAIN
4 EASEMENTS THEREIN.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San
8 Bernardino hereby declares its intention to order the vacation of a portion of University
11
12
hereto and made a part hereof.
SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
13 vacating the above described portion of said street, elects to proceed under and in accordance
14 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
15
being Division 9, Part 3, of the Streets and Highways Code of the State of California.
16
SECTION 3. That the hour of 10:00 a.m., on May 7, 2001, in the Council Chambers of
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18 City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when
19 and where all persons interested in or objecting to the proposed vacation may appear before the
20 said Mayor and Common Council and offer evidence in relation thereto. For further particulars
21
as to the proposed vacation, reference is made to that map marked "Plan No. 10210", approved
22
on 2/05/2001, a copy of which is on file in the office ofthe City Clerk of said City.
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24
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
25 easements for public utility purposes belonging either to the City of San Bernardino or to any
26 public utility and there is hereby specifically reserved for Southern California Edison, its
27
successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair,
28
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112-- (0 I
03/28/0 I
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RESOLUTION OF INTENTION - VACATION OF A PORTION OF UNIVERSITY PARKWAY,
1 NORTHWESTERLY OF KENDALL DRIVE.
2
replace and remove any overhead or underground electrical transmission and/or distribution
3
4
structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manholes,
5 markers and necessary fixtures and appurtenances and said easement shall include rights of
6 ingress and egress.
7 SECTION S. That the City Engineer of the City of San Bernardino is hereby directed to
8
cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
9
10
Service Easements Vacation Law."
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
11
12 Intention and shall cause the same to be published once a week for two successive weeks in The
13
Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
14 set forth for the public hearing.
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16
17 /II
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18 /II
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20
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25
26
27
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3/28/0 I
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RESOLUTION OF INTENTION - VACATION OF A PORTION OF UNIVERSITY PARKWAY,
1 NORTHWESTERLY OF KENDALL DRIVE.
2
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3
Common Council of the City of San Bernardino at a
meeting thereof
4
5 held on the
6 wit:
7
day of
,20
, by the following vote, to
Council Members: A YES
8
9 ESTRADA
10 LIEN
11 MCGINNIS
NA YES
ABSTAIN ABSENT
12
13
14 SUAREZ
SCHNETZ
15 ANDERSON
16 MCCAMMACK
17
18
19
20 The foregoing resolution is hereby approved this
21
22
23
24
City Clerk
day of
,20_,
JUDITH V ALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
25
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3/28/0 I
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EXHIBIT "A"
THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED IN THE NORlHWEST ONE
QUARTER OF SECTION 17, TOWNSlDP 1 NORTH, RANGE 4 WEST, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS;
THAT PORTION OF BLOCK 3, OF THE WIGGINS TRACT, AS SHOWN BY MAP ON FILE IN BOOK
3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS;
COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND UNIVERSITY
PARKWAY;
THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG SAID CENTERLINE OF
KENDALL DRIVE, A DISTANCE OF 35.74 FEET, TO ITS INTERSECTION WITH THE WEST LINE
OF SAID SECTION 17;
THENCE NORTH 00 DEGREES 02 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION 17, A DISTANCE OF 57.44 FEET TO THE NORTHERLY RIGHT OF WAY OF
KENDALL DRIVE BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE WEST LINE OF SAID SECTION 17, NORTH 00 DEGREES 02
MINUTES 35 SECONDS WEST ADISTANCEOF23.01 FEET TO A POINT THAT MEASURES 100.00
FEET NORlHWESTERL Y AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY
PARKWAY;
THENCE NORTH 58 DEGREES 47 MINUTES 55 SECONDS EAST PARALLEL TO SAID
CENTERLINE OF UNIVERSITY P ARKW A Y, A DISTANCE OF 354.16 FEET TO THE BEGINNING
OF A 3900.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORlHWEST, A
RADIAL TO SAID BEGINNING BEARS SOUTH 31 DEGREES 13 MINUTES 38 SECONDS EAST;
THENCE NORTHEASTERLY. ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09
DEGREES 15 MINUTES 10 SECONDS AN ARC DISTANCE OF 629.82 FEET, A RADIAL TO SAID
POINT BEARS SOUTH 40 DEGREES 28 MINUTES 48 SECONDS EAST, SAID POINT BEING 100.00
FEET NORlHWESTERL Y AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY
PARKWAY;
THENCE NON-TANGENT TO SAID CURVE, NORTH 49 DEGREES 31 MINUTES 36 SECONDS
EAST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY A DISTANCE OF 102.33
FEET TO THE NORTH LINE OF LOT 1, BLOCK 3, OF THE WIGGINS TRACT AS RECORDED IN
BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA;
" .' -
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THENCE NORTH 89 DEGREES 58 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE OF
SAID LOT 1 A DISTANCE OF 53.95 FEET, TO A POINT THAT MEASURES 65.00 FEET
NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY;
THENCE SOUTH 49 DEGREES 31 MINUTES 36 SECONDS WEST PARALLEL TO THE
CENTERLINE OF UNIVERSITY P ARKW A Y A DISTANCE OF 293.12 FEET TO THE BEGINNING
OF A 3025.16 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01
DEGREES 09 MINUTES 19 SECONDS AN ARC DISTANCE OF 61.00 FEET, TO THE BEGINNING
OF A 3940.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, A
RADIAL TO SAID BEGINNING BEARS SOUTH 37 DEGREES 24 MINUTES 51 SECONDS EAST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06
DEGREES 11 MINUTES 12 SECONDS AN ARC DISTANCE OF 425.43 FEET, SAID POINT BEING
60.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY
PARKWAY;
THENCE NON-TANGENT TO SAID CURVE, SOUTH 58 DEGREES 47 MINUTES 55 SECONDS
WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY, A DISTANCE OF 333.48
FEET;
THENCE SOUTH 89 DEGREES 07 MINUTES 31 SECONDS WEST A DISTANCE OF 36.59 FEET TO
THE NORTHERLY RIGHT OF WAY OF KENDALL DRIVE;
THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG THE NORTHERLY
RIGHT OF WAY OF SAID KENDALL DRIVE A DISTANCE OF 2.11 FEET TO THE TRUE POINT
OF BEGINNING.
SAID PROPERTY CONTAINS 0.9909 ACRES.
C2
DENNIS H. DILLMAN, PLS 5424
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): -4-2-0 \ Item # \0 Resolution #
Vote: Ayes \- '1 Nays e- Abstain -e
Change to motion to amend original documents:
LOC) \ -b<o
Absent T"r
Reso. # On Attachments: ~
Contract term:
NulVVoid After:
Note on Resolution of Attachment stored separately: _
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date: _
See Attached: -=
Date Sent to Mayor: ~- 3-0\
Date of Mayor's Signature: .1\- 3-0\
Date ofClerklCDC Signature: .q.4 -(J\
Reso. Log Updated:
Seal Impressed:
y"'"
v
Date Memo/Le
Si nature:
See Attached:
See Attached:
Attached:
Date Returned:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached: Yes ",/
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No -.L- By
No -.L By
No ~ By
No L By
Copies Distributed to:
City Attorney .,/
Parks & Rec.
Code Compliance Dev. Services / EDA
Police Public Services Water
Finance
MIS
Others:
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.l
Ready to File: ~
Date: 4-t\-o \