HomeMy WebLinkAbout10-Development Services
OR\G\NAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Authorization to Proceed and
Approval of Plan No. 12595 - Proposed
vacation of a portion of the southerly side
of Kendall Drive, northerly of Pine
Avenue.
From: Valerie C. Ross, Director
Date: February 23, 2009
File No. 15.30-402
Synopsis of Previous Council Action:
MCC Date: March 2,2009
None
Recommended Motion:
I. That the Director of Development Services and the City Clerk be authorized to proceed
with the proposed vacation of a portion of the southerly side of Kendall Drive, northerly
of Pine Avenue.
AND
2. That Plan No. 12595 showing the proposed vacation of a portion of the southerly side of
Kendall Drive, northerly of Pine Avenue be approved.
~t.~
Valerie C. Ross
Contact person:
Ryan Sandoval
Phone: 5226
Supporting data attached: Staff Report. Maps. & Application
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: N/A
Account Description: N/A
Finance:
Council Notes:
Agenda Item No. _10
3- ;.. ~ (J1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed and Approval of Plan No. 12595 - Proposed vacation of a portion of
the southerly side of Kendall Drive, northerly of Pine Avenue.
BACKGROUND:
On September IS, 2008, an application was received from Rene Jacober (owner of Kendall
Plaza, LLC), requesting the vacation of a portion of the southerly side of Kendall Drive,
northerly of Pine A venue, which crosses over the San Bernardino County Flood Control
Channel. The State acquired this portion of Kendall Drive from Muscoy Water Company as a
highway easement in 1943, and then subsequently relinquished that easement to the City in 1992,
thus the City does not own any portion that was relinquished in fee. Kendall Plaza, LLC owns a
parcel (APN: 0266-031-14) directly adjacent to this portion of Kendall Drive and is planning to
construct a multi-tenant retail shopping center on their property which expands over a total of
two parcels called Kendall Plaza.
Other property owners that are directly adjacent to this portion of Kendall Drive that was
relinquished to the City include the San Bernardino County Flood Control District and
Metropolitan Water District (MWD). However the portion of Kendall Drive directly adjacent to
the Flood Control District and MWD parcels will not be included in this proposed vacation
proceedings and will be brought forward as a separate action at a future date.
Currently this portion of Kendall Drive is 75 feet wide on the southerly side and 50 feet on
northerly side of the centerline. Most of Kendall Drive currently has a half width of 50 feet on
both the northerly and southerly sides of the centerline, which is consistent with the rest of the
width along Kendall Drive. Staff is proposing to vacate 25 feet along this portion of the
southerly side, to be consistent with the General Plan Circulation Element.
Staff has informed the owner that the City does not determine the underlying ownership of the
area proposed to be vacated nor does it guarantee title to any property involved and they should
consult a title company to determine the owner of the area to be vacated.
If authorization to proceed is given, all City departments, utility companies and affected property
owners will be notified to determine if any conflicts exist. The findings will need to be made
that the proposed vacation of this portion of the southerly side of Kendall Drive, northerly of
Pine Avenue is no longer needed for public right-of-way.
A map showing the general vicinity and Plan No. 12595 showing the details ofthe proposed
vacation are attached.
Page 2 of3
FINANCIAL IMPACT:
None. The petitioner has paid the first half of the processing fee of $1 ,000. Once the
investigative proceedings are complete, the second half of the processing fee of$I,OOO will be
paid.
RECOMMENDATION:
Staff recommends that authorization to proceed with the proposed vacation is given and that Plan
No. 12595 be approved.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12595
- Application
Page 3 of3
LOCA TION OF
PROPOSED STREET
VACATION
.
Highland Ave.
Base line st.
5th St.
Rialto 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 VACATION OF A PORTION OF THE
SOUTHWESTERLY SIDE OF KENDALL DRIVE,
NORTHERLY OF PINE AVENUE IN THE CITY
OF SAN BERNARDINO.
~ Indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 01/16/09
PTN OF THE IRVINGTON
LAND & WATER COMPANY
SUBDIVISION
M.B. 3/9
LINE DATA
PORTION OF
KENDALL DRIVE TO
BE VACATED
LINE
L1
L2
L3
LENGTH
25.00
335.84'
31.31'
8EARING
N 32' 40 E
S 57" 20' E
S 4'24'29" E
R/W TO BE
DEDICATED BY
PETITIONER
PTN. 8LK.
58
BASIS or BEARINGS:
THE BEARING NORTH 57" 20' WEST ON
THE CENTERLINE Of KENDALL DRIVE AS
DESCRIBED IN DEED (HIGHWAY EASEMENT)
TO THE STATE OF CALIFORNIA, RECORDED
IN BOOK 1602. PAGE 224.
APN: 0266-031-14
(PETITIONER'S PROPERTY)
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APN,
0266- 31 -04
APN: 0266~031-11
(IllWD PROPERTY) .....-""-
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.....- -- TO BE ACQUIRED
rROlll "WD
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11
."'. CITY OF SAN BERNARDINO
PUBLIC WORKS DIVISION
.. REAL PROPERTY SECTION
Sheet 1 of 1
- -
PROPOSED VACATION OF A PORTION OF THE
SOUTHWESTERLY SIDE OF KENDALL DRIVE, NORTHERLY OF
PINE AVENUE.
PLAN NO. 12595
LEGEND:
Approved:
Created by:
Checked by:
City EnglM8r
Date:
Date:
Date:
Area of vacation shown thus:
V//////////~
R an Sandoval
Laszlo Fogassy
File No. :15.30-402
APPLICATION FOR STREET I ALLEY I EASEMENT V ACA TION
To: City of San Bernardino
Development Services Department, Real Property Section
300 N. "D" Street - 3rd Floor, San Bernardino, CA 92418
(909) 384-5111
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the
following street! alley I easement located in the City of San Bernardino pursuant to Section 8300 ct seq. of the
State of California Streets and Highways Code: (Name the street or describe the location of the alley or
easement and portion requested for vacation along with a plat map delineating the area)
KENllALL 'Dt\VE
The vacation is requested for the following rcasou(s):
1'0 ~l\t\L\T~t€ U:,IJS1tJJc-noN 01- KxN\)AlL ~LA'H-, f;.. \-I,\JL-\\-THJ,\~
~\kl.L ~~H\Nc, (X~,
I understand that a total non-refundable fee of $ 2.000.00 shall be paid by me as a cost of the
proceedings. one-half of whieh $1.000.00 is hereby enclosed. The remainder of $1.000.00 shall be due and
payable after the investigative 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 thereOD, but for the costs of the vacation proceedings ONLY and that the City of San
Bernardino does NOT determine underlying ownership of the area to be vacated nor does it guarantee
title to any property involved and [ have been advised to consult a title company to determine such
ownership.
understand that at the conclusion of the investigative proceedings. the City will notify me of its
findings including and canOicts with City facilities now located in the area proposed to be vacated. or the
request by any utility company for the reservation of any existing casements and that such conflicts or
reservations may affect the intended use of the proposed area, once vacated. and that I may elect to tenninate or
continue the proceedings. If l elect to continue. the remaining unpaid fees shall be paid by me prior to the
continuance of said proceedings.
I understand that the requested vacation is subject to the approval of the Mayor and Common Council of
the City of San Bernardino and that there is no guarantee that such approval will be made.
SE~TtH~ \~ ,1.Dlle
Date
ROle J7htlJ5n---
Print Name
I/&/t?~~/Z~
Signature /
(qS-\, 'LOb - '51.1"
30\\6 \\\. k tN\l~1.1. Df..\'JE, S\Jrtt e, )1tN P:,E~"lM..l)\NC, CA
Address - City, State, Zip I 9 'I.4ol
Tel. No.
PLEASE NOTE:
The Citll rl'nueMs that at least 90% of the adioining nronerh, owners (not tenants} indicate interest in the
proposed vacation. Please have all interested parties complete and sign this petition prior to submitting to the
City. Attach additional sheets as necessary.
We, the undersigned property owners, or authorized agents thereof, have read and understand the
applicatinn and \vish to proceed with the requested vacation as stated herein.
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