HomeMy WebLinkAbout11-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director 0 C .~ p. ~
t ill... I I ~ ri L
Dept: Development Services .
Subject: Resolution of Intention -
Proposed Vacation of portions of
Waterman Avenue frontage road, south
of Caroline Street, north of Union Pacific
Railroad.
Date: August 20, 2002
Synopsis of Previous Council Action:
File No. 15.30-361
MCC Date: 09-09-2002
07-15-02 - Authorization to proceed was given, and Plan No. 10421 was approved.
04-15-02 - Authorization to proceed and plan approval - matter was tabled.
Recommended Motion:
Adopt resolution.
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James Funk
Contact person: EILEEN GOMEZ
Phone: 5328
Supporting data attached: StaffReport!Maps/Resox Ward: 3
FUNDING REQUIREMENTS: Amount: $1,000 (processing fee to be paid by applicant)
Source: (Acct. No.) 001-000-4780-0000
(Acct. Description) Vacation Processing Fees
Finance:
Council Notes:
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Agenda Item No. --1/ /
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution ofIntention - Proposed Vacation of portions of Waterman Avenue frontage road,
south of Caroline Street, north of Union Pacific Railroad.
BACKGROUND:
On December 11, 2001, a request was received by this office, to vacate a portion of the east side
of the Waterman Avenue frontage road, south of Caroline Street, north of the Union Pacific
Railroad. The request came from a representative for The Rock Church & World Outreach
Center (The Rock). This strip of land to be vacated also includes a slope area, which the City
currently owns in fee. Representatives from The Rock have indicated that they desire to lease
the vacated area for a period of fifty (50) years for a lease amount of$I.00 per year. In
exchange, they will assume the cost of installation and continuous maintenance of the landscaped
and parking areas that will consist of groundcover and irrigation.
On July 15,2002, authorization to proceed was given; and Plan No. 10421 was approved. 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. The City Water Department,
Pacific Bell, Southern California Edison and The Gas Company submitted requests to reserve
easements for their existing facilities, which will be reserved in the Resolution ofIntention and
the Resolution Ordering Vacation. The reservation of these easements will not affect The
Rock's proposed use of this area for parking and landscaping.
Currently, representatives for The Rock and Mr. Robert Jennings, are negotiating a settlement
regarding the access issue to the back of his property across the proposed vacated area and The
Rock property. Mr. Jennings, owner of Bob's Automotive which is located on the east one-half
of Lot 46 as shown on the attached plan, uses the back of his property abutting The Rock's
property, to move cars in and out. In order for Mr. Jennings to be able to have access across the
proposed vacated area and The Rock's property, The Rock must grant him an access easement.
In the event The Rock and Mr. Jennings can not reach an agreement regarding the access issue,
the area marked as Parcel A on the attached map will be vacated, and Parcel B will not be
included in the final vacation proceedings.
The attached Resolution ofIntention sets a public hearing for October 7,2002. 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:
None. Applicant has paid the $1,000 processing fee.
RECOMMENDATION:
Adopt resolution.
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Location of proposed vacation
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of a portion of
Waterman Avenue, South of
Caroline Street.
~ indicates un-incorporated areas
~ within Cit 's 5 here of Influence
Created by: /., ~A.S:
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PARCEL "A"
-{JNION_
CAROLINE-STREET -
Por. I r-Ci No.5. rae' N . 2170
.8.31; 9
4
4
4
4
C3
POC
S89'4TOO'W
1.19'
Curve Data
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31.42' 90-00'00"
123.33' 16'19'12"
109.95' 16'19'11"
127.04' 16'19'11"
106.24' 16'19'12"
Approximate location of
"Toe of Slope"
R
C1 20.00'
C2 433.00'
C 386.00'
C 446.00'
C 373.00'
Area afLandscaping
130'
Line Data
L
L1 58.81' N 89' 47' 00" E
L2 195.00' N 00' 00' 00"
L3 66.71' S 00' 13' 00" W
N89'4TOO'E
35.00'
Proposed
Rock Church
PACIFIC
- RAllROAa
- IlIW
NSO'OO'OO'W --__
132.01' - -
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION OF THE
EAST SIDE OF WATERMAN AVENUE, SOUTH OF
CAROLINE STREET
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CITY ENGINEER
Prepared by: ,~If>,~ fr~(
Checked by: I. Ii:. . (f,,, .
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Date: O? / OBI 2002 Sheet
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PLAN NO.:
10421
FILE NO. :
15.30-361
af
AREA OF VACATION SHOWN AS W/ ~~
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
INTENTION TO ORDER THE VACATION OF PORTIONS OF WATERMAN A VENUE
FRONTAGE ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC
RAILROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
hereby declares its intention to order the vacation of portions of Waterman A venue frontage road,
south of Caroline Street, north of Union Pacific Railroad, as more fully described in Exhibit "A"
attached hereto.
SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
vacating the above described portions of said streets, elects to proceed 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 3. That the hour of 4:00p.m.. on Monday, October 7. 2002, in the Council
Chambers of City Hall, 300 North "D" Street. San Bernardino, California. is fixed as the time
and place when and where all persons interested in or objecting to the proposed vacation may
appear before the said Mayor and Common Council and offer evidence in relation thereto. For
further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
1 0421". approved on July 15, 2002, a copy of which is on file in the office of the City Clerk of
said City.
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08/16/02 ~\\
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RESOLUTION OF INTENTION - VACATION OF PORTIONS OF WATERMAN A VENUE FRONTAGE
1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (plan No. 10421)
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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 '~y
public utility and there is hereby specifically reserved for the City of San Bernardino
Municipal Water Department, its successors, heirs and assigns, an easement for water utility
purposes over the entire area proposed to be vacated, including the right at any time, or from
time to time, to construct, maintain, operate, replace and renew one or more pipelines or
appurtenances for the transportation of water and related incidental purposes, and said easement
11 shall include the right of ingress and egress thereto; and there is hereby specifically reserved for
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Pacific Bell, its successors, heirs and assigns, an easement to construct, place, operate, inspect,
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maintain, repair and replace underground and overhead structures consisting of wires, cables and
necessary fixtures and appurtenances and said easement shall include right of ingress and egress
thereto; and there is hereby specifically reserved for Southern California Edison, an 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 right of ingress and egress thereto; and there is
hereby specifically reserved for The Gas Company, its successors, heirs and assigns, an easement
over the entire area proposed to be vacated, including the right at any time, or from time to time,
to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the
transportation of natural gas, including the right of ingress and egress thereto.
III
08/16/02
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RESOLUTION OF INTENTION - VACATION OF PORTIONS OF WATERMAN A VENUE FRONTAGE
1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (Plan No. 10421)
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SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
5 Service Easements Vacation Law."
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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
San Bernardino County Sun, a newspaper published and circulated in the City of San
Bernardino, prior to the above date set forth for the public hearing.
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08116/02
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RESOLUTION OF INTENTION - VACATION OF PORTIONS OF WATERMAN A VENUE FRONTAGE
1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (plan No. 10421)
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5 held on the
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19 The foregoing resolution is hereby approved this
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23 Approved as to form
24 and legal content:
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Cornmon Council of the City of San Bernardino at a
meeting thereof
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 VALLES, Mayor
City of San Bernardino
JAMES F. PENMAN
City Attorney
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08/16/02
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2. Along said South Line South 89047'00" West 1.19 feet to a point on a non-
tangent curve, concave easterly, having a radius of 386.00 feet, a radial line to
said point bears South 89047'00" West,
3. Northerly along said curve through a central angle of 16019'11 ", a length of
109.95 feet to a reverse curve concave westerly, having a radius of 433.00 feet,
4. Northerly along said reverse curve, through a central angle of 16019'12", a length
of 123.33 feet,
5. South 0013'00" East 46.71 feet to a tangent curve, concave southeasterly, having a
radius of 20.00 feet,
6. Northeasterly along said curve, through a central angle of 90000'00", a length of
31.42 feet to said southerly line of Caroline Street and the true point of beginning.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q -9 - 0 l-
Vote: Ayes \ - '1 Nays
Item #_1 I
~
Resolution #
Zooz.. - lqZ
Absent --A-
Abstain
4).-
Change to motion to amend original documents: -
Reso. # On Attachments: r Contract term: -
Note on Resolution of Attachment stored separately:-=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: -
By: fY\. ,At LofL
Date Sent to Mayor: 9 -I \-02--
Date of Mayor's Signature: '1-I,;l-();;l
C
Date ofClerk/CDC Signature: t-13-0';>
Reso. Log Updated: V
Seal Impressed: v'
Da~mo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
Date Returned: -
3"".... .A tt~H.:hed:
See Attached:
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):
YesL No By
Yes No-L By
Yes No --.L. By
Yes No / By
Yes No/ By
Copies Distributed to:
City Attorney
Parks & Rec.
,/
Code Compliance
Dev. Services ~ EDA
Finance
MIS
Police
Public Services
Water
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.)
Ready to File: (YIf
Date:q-()-oJ..
Rev ised 0111210 I