HomeMy WebLinkAbout11-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution of Intention: Vacation
of a portion of Kendall Drive (formerly
State Highway 206) east of "H" Street and
reserving an access and landscape easement
for the Castaway Restaurant.
Dept: Development Services
Date: January 27, 2009
File No.: 15.30-399
Synopsis of Previous Council Action:
MCC Date: March 2, 2009
091l5/2008 - Authorization was given to proceed with the proposed vacation of a portion of
Kendall Drive (formerly State Highway 206) east of"H" Street; Plan No. 12528
showing the proposed vacation, was approved.
Recommended Motion:
Adopt Resolution.
YdtiUJ (/. ~
Valerie C. Ross
Contact person:
Ryan Sandoval
Phone:
5226
Supporting data attached: Staff Report, Maps, Resolution Ward: 4
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Account Description:
N/A
Finance:
Council Notes:
~SD
~()9-37
Agenda Item No. _II
'3" ~,oq
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution ofIntention: Vacation of a portion of Kendall Drive (formerly State Highway 206) east of
"H" Street and reserving utility easements therein and an access easement for the Castaway
Restaurant.
BACKGROUND:
On May 5, 2008, an application was received from Geoffrey Wood, requesting the vacation of a
portion of Kendall Drive (formerly State Highway 206) east of "H" Street, which is adjacent to the
San Bernardino County Flood Control Channel. The State of California relinquished this portion of
Kendall Drive to the City on January 2,1992. Geoffrey Wood owns two parcels (APN's: 0151-181-
01 & 19) adjacent to this portion of Kendall Drive and has requested to purchase the unimproved
right-of-way from the City to expand his current auto business or other possible development.
This portion proposed to be vacated is currently excess unimproved right-of-way, and is owned in fee
by the City. This will allow the City to pursue the sale of this portion of land, which will be brought
forward as a separate action to the Mayor and Common Council at a later time. The San Bernardino
County Flood Control District, who has been using a portion of the unimproved right-of-way for
flood control operations directly adjacent to Kendall Drive, has also shown interest in acquiring a
portion of the unimproved right-of-way to be vacated.
Since it was determined that the Castaway Restaurant's driveway and landscaping encroaches in the
unimproved right-of-way south of the flood control fence, the Castaway owner has also shown
interest in acquiring a portion of the unimproved right-of-way. An access and landscaping easement
will be reserved for the restaurant over this portion of right-of-way in the vacation proceedings. All
adjacent property owners agree in concept as to how the vacated right-of-way is to be divided.
On September IS, 2008, authorization to proceed with the proposed vacation was given and Plan No.
12528 was approved. City departments, utility companies and other government 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 no requests to reserve any utility easements from any of the notified utility companies.
The attached Resolution of Intention sets a public hearing for Monday, April 6, 2009. Upon
approval, the Resolution will be published in the Sun, and this portion of the street posted. At the
Public Hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The total amount of$2,000 has been paid for the completion of the vacation proceedings.
RECOMMENDATION:
Adopt Resolution.
A TT ACHMENTS:
Vicinity Map
Plan No. 12528
Resolution
LOCA TION OF
PROPOSED STREET
VACATION
(SEE DETAIL "A")
Highland Ave.
Base Line 51.
5th St.
Orange how Rd.
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VICINITY MAP
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DETAIL "A"
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION OF
KENDALL DRIVE (FORMERLY STATE
HIGHWAY 206, EAST OF "H" STREET IN THE
CITY OF SAN BERNARDINO.
~ Indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 5/28/08
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.[iI.<rt.... C. I.TV. . O~FAN B RNARD. INO I PLAN NO. 12528 .J. PROPO.SED. VACATION OF A POR~ON OF
, . PUBLIC WOR S DIVISION r-- _oj KENDALL DRIVE, EAST OF "H" STREET, IN THE
. ~_ _~--.~~OP TV SEC_T~~~L Shee~~~c.L--I~LEGEND-:---- CITYOF SA~ 8ERNAR[)INO~_____~__
A-"pr.o"e~'_C;'E;;.;'." ----._ ___[)ate:_Hz~~_i-' r01<,Y/xX;xl = AREA OF VACATION
Created_br _ B..YNL~ANQ()Y.~L___Date:_OJ-24-08-J_____ _____________
Checked by: J.~Z-Irt> hthtfJ-./ Date: 1'/1"101 I File No. :15.30-399--------- --..
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SAN BERNARDINO COUNTY
F-LOOD CONTROL
-LITTLE MOUNTAIN DAM-
PORTION NE )'4, SECTION 21,
T1 N, R4W, S,B.M.
LINE DATA
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L1 ' S 60'30'00" E I 187.6S'
L2 S 34'33'00" E 91.49'
L3 S SS'2TOO" W I 200.00'
L4 N 34'33'00" W I 91.49'
LS ' N 60'30'00" W i 72.18' ~
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SAN BERNARDINO COUNTY
FLOOD CONTROL
-LITTLE MOUNTAIN DAM-
PORTION NE }4, SECTION 21,
T1 N, R4W, S.B.M.
a CITY OF SAN BERNARDINO
PUBLIC WORKS DIVISION
So III REAL PROPERTY SECTION
Created by: RYAN SANDOVAL
File No. :15.30-399
Sheet 1 of 1
PROPOSED VACATION OF A PORTION OF
KENDALL DRIVE, EAST OF "H" STREET
- AREA OF INTEREST -
LEGEND: I I = AREA OF VACATION
r / / / / / /1 = S.B.C.F.C.D
III II II II II III = CASTAWAY RESTAURANT
hI'v"v'\)\/\/\ - PETITIONER
Date: 8-21-08
1
(Co~v
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF KENDALL DRIVE
(FORMERLY STATE HIGHWAY 206) EAST OF "H" STREET AND RESERVING AN
4 ACCESS AND LANDSCAPE EASEMENT FOR THE CAST A WAY RESTAURANT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION I. That the Mayor and Common Council of the City of San Bernardino
8 hereby declares its intention to order the vacation of a portion of Kendall Drive (formerly State
9 Highway 206) east of"H" Street as depicted on the attached map marked as Exhibit "A" and
10 described herein as follows:
11
That portion of Kendall Drive described in the Deed to the State of California, recorded October
12 8, 1936, in Book 1162, Page 326, Official Records, of San Bernardino County, State of
California, and relinquished to the City of San Bernardino in document recorded January 2,
13 1992, as Document No. 92-000403, Official Records, of said County, and further described as
14 follows:
15 That portion of the northeast quarter of Section 21, all in Township I North, Range 4 West, San
Bernardino Base and Meridian, described as follows:
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BEGINNING at the most northwesterly corner of said Deed to the State of California;
Thence along the northerly line of said Deed, and along its various courses and distances
as follows:
South 600 30' 00" East, a distance of 187.65 feet;
Thence along a curve to the right, with a radius of 1550 feet, through an angle of 250 57'
00", a distance of 702.0 I feet;
Thence South 340 33' 00" East, a distance of91.49 feet to the northwest corner of that
parcel of land described in Deed to Lynne Threadgill, recorded August 7, 1975, in Book
8737, Page 818, Official Records, of said County;
Thence leaving said northerly line, South 550 27' 00" West along the westerly line of
said parcel and its southerly prolongation, to a point on a line that is parallel with and 200
feet southerly of, measured at right angles, said northerly line of the property described in
the Deed to the State of California;
Thence northwesterly along said parallel line, and following its various courses and
distances as follows:
02/09/2009
1
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
2 VACATION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF
3 ~H" STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTAWAY
RESTAURANT.
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North 34033' 00" West, a distance of91.49 feet;
Thence along a curve to the left, with a radius of 1350 feet. through an angle of250 57'
00", a distance of 611.43 feet;
Thence North 600 30' 00" West, a distance of72.18 feet, more or less, to the west line of
said property described in the Deed to the State of California:
Thence North 00 30' 00" West. a distance of230.94 feet. more or less. to the POINT OF
BEGINNING.
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
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with the provisions of the "Public Streets. Highways. and Service Easements Vacation Law",
being ~ivision 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. That the hour of 4:30 p.m., on Monday, April 6, 2009, in the Council
Chambers of City HaIl, 300 North "0" Street, San Bernardino. California, is fixed as the time
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and place when and where all persons interested in or objecting to the proposed vacation may
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appear before the said Mayor and Common Council and offer evidence in relation thereto. For
21 further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
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12528", approved by the Mayor and Common Council on 09115/2008. a copy of which is on file
in the office of the City Clerk of said City.
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
27 0 any public utility; and there is specifically reserved to Clara Lynne Threadgill, successor
28 stee of the Lyndon Allen Farrar Trust dated October 5, 1990 as amended and restated on
.R eplo.cet71€'r1f p...j~
-; -.9-0<1
#/1
2
1
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
2 V ACA TlON OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF
3 "H~ STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTAWAY
RESTAURANT.
4 September 5, 1991 for the benefit of the Castaway Restaurant and its successors, heirs and
5
assigns, a revocable easement over the following described area proposed to be vacated for
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vehicle access and landscaping purposes:
That portion of Kendall Drive described in the Deed to the State of California, recorded
October 8,1936, in Book 1162, Page 326, Official Records, of San Bernardino County,
State of California, and relinquished to the City of San Bernardino in document recorded
January 2, 1992. as Document No. 92-000403, Official Records, of said County, and
further described as follows:
That portion of the northeast quarter of Section 21, all in Township 1 North, Range 4
West, San Bernardino Base and Meridian, described as follows:
BEGINNING at the northwest comer of that parcel ofland described in Deed to Lynne
Threadgill, recorded August 7,1975, in Book 8737, Page 818, Official Records, of
County of San Bernardino. State of California;
Thence South 550 27' 00" West along the westerly line of said parcel and its southerly
prolongation, to a point on a line that is parallel with and 200 feet southerly of, measured
at right angles, the northerly line of said property described in the Deed to the State of
California:
Thence northwesterly along said parallel line, North 340 33' 00" West a distance of
91.49 feet, to a tangent curve concave southwesterly. having a radius of 1350 feet;
Thence northwesterly along said curve. through a central angle of 5044' or. an arc
distance of 13 5 .11 feet:
Thence South 760 57' 24" East. a distance of 306.58 feet to the POINT OF
BEGINNING.
SECTION 5. That the Director of Development Services of the City of San Bernardino
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is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public
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Streets, Highways and Service Easements Vacation Law."
SECTION 6, That the City Clerk shall certify to the adoption of this Resolution of
27
28 Intention and shall cause the same to be published once a week for two successive weeks in The
02/25/09
3
1
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
2 V ACA T10N OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF
"H" STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTA WAY
3 RESTAURANT.
4 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
5 set forth for the public hearing.
6 1//
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02/09/09
4
1
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
2 V ACA TION OF A PORTION OF KENDALL DRIVE (FORMERLY STATE HIGHWAY 206) EAST OF
"H" STREET AND RESERVING AN ACCESS AND LANDSCAPE EASEMENT FOR THE CASTAWAY
3 RESTAURANT.
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
meeting thereof
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held on the
day of
, 20_, by the following vote, to
wit:
ABSTAIN ABSENT
NAYS
Council Members: A YES
ESTRADA
BAXTER
BRINKER
(VACANT)
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution IS hereby approved this
20
day of
Approved as to form:
PATRICK J. MORRIS, Mayor
City of San Bernardino
02109/09
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~. ~~c~III_.R~A~L2~O!, .~ SECT~ON~_ Sheet L OfL_~.---~- CITY OF SAN BERNARDINO-'-___
_Approved:_ tIlt-----E u_________[)a~e: 8/~~__ LEGENJ~
''';:" rg,neer r<../, </ /v,\><,<)('y~l = AREA OF VACATION
Created by: RYAN SANDOVAL Date: 07-24-08
-Checked by: --~tfoSzk> ~1'.Iti~ - D~te: "1," I 01 -;-- FiI;N~:-1530-399 -------
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EXHIBIT "A"
SAN BlRNARDINO COUNTY
~LOOD CONTROL
-liTTLE r,;jOU NT Ai N DArIA-
PORTION NE1'4, SECTION 21,
T1 N, R4W, S.B.M,
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LINE DATA
I LINE BEARING 'LENGTH
I L1 S 60'30'00" E 1 18765' i
'L2 S 34'33'00" E 91.49"
! L3 S 55'27'00" W' 200.00' !
! L4 N 34'33'00" W' 91,49' I
I L5 I N 60'30'00" W I 72.18' ~
: L6 ~ 0'30'00" W '230 94' . '
CURVE DATA
CURVEI ~ RADIUS
;-- Cl 25' 57' . 1550'
I I
C2 25' 57' 1350'
LENGTH
, 702.01'
611,43'