HomeMy WebLinkAbout10-Development Services
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
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From: Valerie C. Ross, Director
Subject: Approval of Plan No. 12678 and Resolution
Ordering Vacation - Summary vacation of a Public
Utility Easement (P.U.E.) on the property located at
4789 David Way (APN 0155-511-02).
Dept: Development Services
Date: September 23,2009
File: 15.30-406
MCC Date: October 19,2009
Synopsis of Previous Council Action:
None
Recommended Motion:
1. That Plan No. 12678 showing the proposed vacation of a Public Utility Easement (P.U.E.)
on the property located at 4789 David Way, be approved.
AND
2. Adopt Resolution.
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Valerie C. Ross
Contact Person: Ryan Sandoval
Phone:
5226
Supporting data attached: Staff Report. Maps, & Application
Ward(s):
4.
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.) N/A
Acct. Description: N/A
Finance:
Council Notes:
Agenda Item No. --1t>
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Approval of Plan No. 12678 and Resolution Ordering Vacation - Summary vacation of a Public
Utility Easement (P.U.E.) on the property located at 4789 David Way (APN 0155-511-02).
BACKGROUND:
On August 25, 2009, an application was received from Michael Cox, the owner of 4789 David
Way, San Bernardino, CA, requesting the vacation of a Public Utility Easement (P.U.E.) located
across the southerly 20 feet of his property.
The P.U.E together with an easement for private driveway purposes was dedicated on Tract Map
No. 6689. The owner is requesting the vacation of the P.U.E. to construct a garage on the
southerly portion of the lot where the P.U.E. and private driveway easement currently exist.
However, because the driveway easement is private, the City can not vacate the private easement
and will only be vacating the P.U.E. The owner has been advised and he is fully aware that the
private driveway easement will still exist. The owner will need to get a quitclaim deed from the
adjacent owners for the private driveway easement.
Pursuant to Section 8333 of the Streets and Highways Code, the legislative body of a local
agency may summarily vacate a public service easement in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired
for five consecutive years immediately preceding the proposed vacation.
(b) The date of dedication or acquisition is less than five years, and more than one year,
immediately preceding the proposed vacation, and the easement was not used
continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the
easement holder, and there are no other public facilities located within the easement.
On September 3, 2009, all City departments and utility companies were notified by a mailed
notice to determine if any conflicts exist with the proposed vacation, and/or if any facilities have
been installed at this location. No conflicts and no reservation of easements were requested from
any of the notified utility companies. Since there are no facilities in the proposed vacation area
and the easement is considered excess, per Section 8333(c) above, this P.U.E. can be summarily
vacated. .
A map showing the general vicinity and Plan No. 12678 showing the details of the proposed
vacation are attached.
FINANCIAL IMPACT:
None. The petitioner has paid the processing fee of$I,OOO for a Summary Vacation.
....,-,-."
2
RECOMMENDA nON:
Staffrecommends that Plan No. 12678 and the Resolution Ordering the Summary Vacation be
approved.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12678
- Application
- Resolution
3
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LOCA TION OF
PROPOSED P.U.E.
VACATION
Base Line SI.
5th SI.
Riaito Ave.
Orange how Rd.
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VICINITY MAP
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED SUMMARY VACATION OF A
PUBLIC UTILITY EASEMENT (P.U.E.) ON
PROPERTY LOCATED AT 4789 DAVID WAY, IN
THE CITY OF SAN BERNARDINO.
~ Indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 09/23/09
SITE PLAN FOR EASEMENT VACATION
LOT 2 OF TRACT NO. 6689, IN THE COUNTY OF SAN BERARNDINO,
STATE OF CAUFORNIA, AS PER MAP ON FILE IN BOOK 90, PAGES
45 & 46 OF MAPS, IN THE OFFICE OF lHE COUNTY RECORDER OF
SAID COUNTY.
50'
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50'
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CURVE TAIILE:
Cl R-75' L-70.SS' A-5J'5J'5T
C2 R=15O' L=47.11 A-17"59'47"
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AN EASEMENT FOR PRIVATE DRIVEWAY &
PUBLIC UTILITY PURPOSES OVER THAT
PORTION OF LOT 2. TRACT NO. 6689 AS
PER M.B QOJ45-48. RECORDS OF SAN
BERNARDINO COUNTY.
(NBJ'SB'010E
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PROPERTY OWNERS:
MICHAa COX
RANOY H. WYATT
4789 DA\IID WAY
SAN BERNAROINO, CA 92404
(909) 825-1400
APN #:
0155-511-02
~ CITY OF SAN BER~DINO
_.. DEVELOPMENT SE CES ARTMENT
\. ,. REAL PR RTY CTlON
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ilI"~ d. SONADIIoAN. _88t10IATE81NO.
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PIIone: (909)88lS-3_ hK: (909}311'-' 72'
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Edward J. Bonadlmon, LS 7529
1-/-0,/
DATE
Approved:
City Er.91""r Q
Cecked b : 1=2 '""5:,,,, .....,
Sheet 1 of 1
- -
PROPOSED SUMMARY VACATION OF A PUBLIC UTILITY
EASEMENT (P.U.E.) ON PROPERTY LOCATED AT 4789 DAVID
WAY, IN THE CITY OF SAN BERNARDINO.
LEGEND:
PLAN NO. 12678
Date:
Date: "f1.3('"
Area of vacation shown thus:
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File No. :15.30-406
~
APPLICA nON FOR STREET / ALLEY / EASEMENT V ACA nON
To: City of San Bernardino
Development Services Department. Real Property Section
300 N. "D" Slreet- 3" Floor, San Bernardino, CA 92418
(909) 384-5111
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the
lallowing street I alley / easement located in the City of San Bernardino pursuant to Section 8300 et seq. of the
State of California Streets and Highways Code: (Name tbe street or describe tbe location of Ibe alley or
easelUenl and portion requested for vacalion along wilb a pial map delineating Ibe area)
4, non-exclusive easement for private drivp.w~v r. p"hli..... llt-ilit-i",,,,
clnd incident~l purposes over that nart-inn nf lnt-? tract no 6689
.-'1<:: r""r ('>18 gi)/4"i .Jf; rpC'nrrJ,,: nf qi'lir\ rnllnt-v .ole:: qbOJ\l:n nn m"lD .=0<:: rl ?n
foot ~)rivatt;> driveway and PUE excepting the northwest 90' thereof
The vacation is requested for the following reason(s):
NCJn 1".;.:0 mF "',,"O''::'m .nj;:. desirF in ,~nn<..:t-rl1,-..t-
j~r~3g in its olacp
I understand lhat a total non-refundable fee of $ 2.000.00 shall be paid by me as a cost of the
proee"dings, one-half of which $1.000.00 is hereby enclosed. The remainder of $1.000.00 shall be due and
payable after the invesligalive proceedings are complete and prior to the commencement of the legal
proceedings. I further understand that said fees are NOT payment for any real property or
improvements thereon, but for the costs of the vacation proceedings ONLY and that tbe City of San
Hermtrdino does NOT determine underlying ownership of the area to be vacated nor does it guarantee
title to any property involved and I have been advised to consult a title company to determine such
owncrsbip.
I understand that at the conclusion of the investigative proceedings, the City will notify me of its
tinuin:js including and conflicIs with City facilities now located in the area proposed to be vacated, or the
requ~st by any utility company for the reservation of any existing easements and that such conflicts or
reservJ.tiulls may aff~ct the intended use of the proposed area, once vacated, and that I may elect to tenninate or
continue the proceedings. If I dect to continue, the remaining unpaid fees shall be paid by me prior to the
conllnuaIll.:t: of said proceedings.
I understand that the requested vacation.";; subject to the approval of the Mayor and Common Council of
the City of San Bernardino and that there is no guarantee that sucb approval will be made.
7//(,/13 9
Uale
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Print Name
Co'!
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Signature
'I :Yl-'6'Z'1 7 '1 '7;Z
Tel. No.
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Address - City, State, Zip
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PLEASE NOTE:
The C/tv rcaneSls that at least 90% of the adiuilli,,~ DrODertJJ oWllers {,wt tellalltsJ illdicate imerest ill the
propm'eJ vacalioll. Please have all interested parties complete and sign this petition prior to submitting to the 1
City. Attach additional sheets as necessary.
We, the undersigned property owners, or autnorized agents tbereof, have read and understand the
applicatiun and wish to proCeed with the requested vacation as stated herein.
/'
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT (P.U.E.) ON THE
PROPERTY LOCATED AT 4789 DAVID WAY, IN THE CITY OF SAN BERNARDINO.
4
WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to
5
6 summarily vacate a Public Utility Easement (P.U.E.) on the property located at 4789 David Way,
7
8
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in the City of San Bernardino, also known as Assessor Parcel Number 0155-511-02, without
notice and hearing; and
WHEREAS, the easement proposed to be vacated is more fully described as follows:
An easement for public utility purposes across the southerly 20 feet of Lot 2, Tract No.
6689, as per map recorded in Book 90, Pages 45 and 46 of Maps, records of San
Bernardino County, State of California.
For further particulars as to the proposed vacation, see the map marked "Plan No. 12678",
14 approved concurrently on October 19, 2009, attached and incorporated herein as Exhibit "A".
SECTION 1. That the Mayor and Common Council of the City of San Bernardino elect
to proceed with the summary vacation as described above, 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 ofthe State of California.
22
23
SECTION 2. That pursuant to Section 8333 of said Streets and Highways Code, the
24 Mayor and Common Council do hereby find that said public utility easement may be summarily
25
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vacated, without notice and hearing, for the following reason: Section 8333(c): The easement has
been superseded by relocation, or determined to be excess by the easement holder, and there are
no other public facilities located within the easement.
/0-r'-01
09/23/2009
1
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
PUBLIC UTILITY EASEMENT (P.U.E.) ON THE PROPERTY LOCATED AT 4789 DAVID WAY, IN THE
2 CITY OF SAN BERNARDINO.
3
4
5 categorically exempt from the requirements of the California Environmental Quality Act
SECTION 3. It is hereby determined that the vacation of said public utility easement is
6 (CEQA), pursuant to Class I, Section 15301(c).
7 SECTION 4. This Resolution does not affect the easement for private driveway
8 purposes as across said Lot 2.
9
10
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12
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SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
this Resolution with the County Recorder of San Bernardino County, and said Resolution shall
not take effect until such filing.
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10/14/2009
2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
2 PUBLIC UTILITY EASEMENT (P.U.E.) ON THE PROPERTY LOCATED AT 4789 DAVID WAY, IN THE
CITY OF SAN BERNARDINO.
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
6
7
meeting thereof
held on the
day of
, 20_, by the following vote, to
wit:
8
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10
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15
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24 Approved as to form:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20 .
PATRICK J. MORRIS, Mayor
25
26
27
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7- f~
SF. PENMAN
Attorney
09/23/2009
3
SITE PLAN FOR EASEMENT VACATION
LOT 2 OF TRACT NO. 6689, IN THE COUNTY OF SAN BERARNDINO,
STATE OF CALIFORNIA, AS PER MAP ON FILE IN BOOK 90, PAGES
45 &: 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
50'
O'
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(NB3'SB'01-C
PROPERTY OWNERS:
MICHAEL COX
RANDY H. WYATT
4789 DAVID WAY
SAN BERNARDINO, CA 92404
(909) 825-1400
~.. CITY OF SAN BERN DINO
. DEVELOPMENT SE CES ARTMENT
!II REAL PR TV CTION
EXHIBIT" A"
50'
CURVE TABLE'
C1 R-75' L-70.55' A-53'5J'57'
C2 R~l50' L~47.11 A~17'59'47.
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193.33')
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APN #,
0155-511-02
i:l. olC_II.__.'._TSliI_
~~.IllII-. rand~
234ft Ano..I.-Alt&. s.a.._..", CA._
_~~ ~~~'-'72'
~.
Edward J. Bonadiman, LS 7529
"1-/-0'1
DATE
PLAN NO. 12678
PROPOSED SUMMARY VACATION OF A PUBLIC UTILITY
EASEMENT (P.U.E.) ON PROPERTY LOCATED AT 4789 DAVID
WAY, IN THE CITY OF SAN BERNARDINO.
LEGEND:
Sheet 1 af 1
Area of vacation shown thus:
r//////////1
File No. : 15.30-406