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HomeMy WebLinkAbout07.G- Public Works RESOLUTION(ID# 1682) DOC ID: 1682 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Robert Eisenbeisz M/CC Meeting Date: 05/07/2012 Prepared by: Ryan Sandoval,(909)384-5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of an East-West Alley South of Adell Street, Between"I" Street and the I-215 Freeway and Reserving Utility Easements Therein. Financial Impact: There is no financial impact associated with this action. The petitioner has paid the total amount of$2,000 for the completion of the vacation proceedings. Mayor to open the hearing. . . Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report from the Acting Director of Public Works, as to why the east-west alley south of Adell Street, between "I" Street and the I-215 Freeway is no longer necessary for public right-of-way purposes; and adopt the Resolution. Synopsis of Previous Council Action: 11/7/2011 - Authorization was given to proceed with the proposed vacation of an east-west alley south of Adell Street, between "I" Street and the I-215 Freeway; and Plan No. 12831 showing the proposed vacation,was approved. 3/19/2011 - Resolution No. 2012-50 was adopted, declaring the intention to vacate an east-west alley south of Adell Street,between"I" Street and the I-215 Freeway, and setting a public hearing for May 7,2012. Background: On September 8, 2011, an application was received from Bill Faulkner with the concurrence of the adjacent property owners, requesting the vacation of an east-west alley south of Adell Street, between "I" Street and the 1-215 Freeway. Bill and Dana Faulker own the three parcels on the north of and directly adjacent to this alley, and Billy and Evelyn Matthews own the three parcels on the south. The adjacent owners have requested the vacation due to the area constantly being Packet Pg. t126 Undated:4/24/2012 by Linda Sutherland Page 1 1682 used for dumping, and both parties would also like to obtain use of the adjacent portion of the alley for more useable property acreage. This alley was dedicated as public right-of-way on the Map of Urbita subdivision, and staff has determined that the City does not own any portion in fee. The City does not otherwise determine the underlying ownership or guarantee title to the area being vacated,and the owners will need to have a title company determine the ownership. On November 7, 2011, authorization to proceed with the proposed vacation was given and Plan No. 12831 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 was a request to reserve a utility easement for existing sewer facilities from the City of San Bernardino,which will need to be reserved as required by law. On March 19, 2012, Resolution No. 2012-50 was adopted declaring the City's intention to order the vacation of an east-west alley south of Adell Street, between "I" Street and the I-215 Freeway, and set a public hearing for May 7, 2012. The Resolution was published in the Sun newspaper, and that portion of the alley proposed to be vacated was posted. The applicants requesting the street vacation and all affected property owners in the area were notified of the public hearing. There appears to be no further necessity for the area proposed for vacation for public street purposes, and staff recommends the vacation based on the following facts: The Acting Public Works Director has determined that the proposed vacation is of no further necessity to the general public, except for easements to be reserved as stated herein. It does not conflict with the General Plan. There have been no objections by any adjoining property owners. Updated:4/24/2012 by Linda Sutherland Page 2 7.G I 1682 All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. There were requests to reserve easements from the City of San Bernardino (sewer). The easement will be reserved as required by law. City Attorney Review: Supporting Documents: RCA Attach-Vicinity Map-Alley s-of Adell (PDF) RCA Attach-Plan No 12831 -Alley s-of Adell (PDF) Resolution Ordering Vacation-Alley S/Of Adell (PDF) C G PacketPg. 1128 Updated:4/24/2012 by Linda Sutherland Page 3 7.G.a j/ /0 y N N V P m N F Q w rn g — P"' 18 3 c"Fd m ]5 y v /rg C'ao' atlaii O 40th St. 330 T Of Marshall Blvd. a O 210 G m Highland Ave. 3 a N K 65 e m a Base Line St. m 3 N W 9th Sl ti Q 5th SL °c m v Rialto Ave. a m a � ¢' O Mill SL 15� o m a Orange how Rd a. F a •, m 0 t JV .� LOCATION OF PROPOSED ALLEY VACATION VICINITY MAP W a a U NITS C �p m J E L U m Z'. a CITY OF SAN BERNARDINO PROPOSED VACATION OF AN ALLEY SOUTH OF PUBLIC REAL PROPERTY ADELLSTREET, BETWEEN "I" STREET AND THE REAL PROPERTY SECTION 9atRrnar iro 1-215 FREEWAY, IN THE CITY OF SAN BERNARDINO. ® Indicates un-incorporated areas within City's Sphere of Influence Created by: Ryan Sandoval packet Pg. 1129 I - ADn-L --&ME-E M 60 60 N ' N C A to 4 m Q ur a W I > BLK. W N 5 � a N 00 .^ I �+� y 13 N 1 N 33 '� } 11 12 13 'a M aD N_ O Z C I a t u t 60 60 X Q U ( M Z L —STREET I"=50' E 17/"' t � O A Q CITY OF SAN BER14ARDINO PLAN NO. 12831 PROPOSED VACATION OF AN ALLEY SOUTH OF ADELL STREET, PUBLIC WORKS D ENT BETWEEN T'STREET AND THE 1-215 FREEWAY,IN THE CITY OF REAL ER SEC ION Sheet 1 Of f SAKI BERNARDINO. LEGEND: Approved: , —y^ Date: .I Area of vacation shown thus: Created by: Ry Sandoval �"> Date: Og/21/2011 Checked by: Laszlo Fogassy Date: Z7 Vp File No.:15.30-414 Packet,Pg.1130 1 RESOLUTION NO. 2 " RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY y 3 OF SAN BERNARDINO ORDERING THE VACATION OF AN EAST-WEST ALLEY SOUTH OF ADELL STREET, BETWEEN "I" STREET AND THE I-215 m 4 FREEWAY AND RESERVING UTILITY EASEMENTS THEREIN. — 'm 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE N 7 CITY OF SAN BERNARDINO AS FOLLOWS: d 8 SECTION 1. Proceeding under and in accordance with the "Public Streets, ° d m 9 Highways,and Service Easements Vacation Law",Division 9,Part 3 of the California Streets 10 rc and Highways Code,the Mayor and Common Council of the City of San Bernardino, having a� 11 .. 12 heard the evidence offered in relation to the proposed vacation of an cast-west alley south of cBo 13 Adell Street, between"I" Street and the I-215 Freeway, described in Resolution of Intention c 14 No. 2012-50, hereby find from all of the evidence submitted that proper notice has been w 'm 15 given and that such street/alley proposed to be vacated by this Resolution are unnecessary for � 16 m present and prospective street purposes. 17 `o SECTION 2. The Mayor and Common Council of said City do hereby vacate that in 18 a 19 east-west alley south of Adell Street, between "I" Street and the I-215 Freeway, more fully G 20 described herein as follows: °- .q Y 21 That portion of a dedicated 16 foot wide east-west alley within Block 5,on the Map of rn 22 Urbita, recorded in Book 3 of Maps, Page 54, records of the County of San Bernardino, State of California, lying between the easterly line of P' Street, formerly v 23 known as Lucinda Avenue,having a half width of 33 feet, and the westerly line of the p` Interstate 215 Highway as it currently exists. c 24 a 0 25 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other 26 existing easements for public utility purposes belonging either to the City of San Bernardino E 27 t (� 28 or to any public utility that existed prior to these vacation proceedings; and there is hereby `�.. a �- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO ORDERING THE VACATION OF AN EAST-WEST ALLEY SOUTH OF ADELL v STREET, BETWEEN "P' STREET AND THE I-215 FREEWAY AND RESERVING UTILITY 2 EASEMENTS THEREIN. N 3 4 specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a m 5 temporary easement for sanitary sewer and appurtenant facilities over the entire portion of 6 said alley proposed to be vacated, including the right at any time, or from time to time, to m 7 construct, maintain, operate, replace and renew said sewer or appurtenances and shall include 8 `o the right of ingress and egress thereto. The temporary easement set forth herein shall terminate u 9 10 upon relocation or abandonment of the affected utilities. w 11 SECTION 4. It is hereby determined that the vacation of said street is categorically X N 12 exempt from the requirements of the California Environmental Quality Act(CEQA),pursuant 13 to Class 1, Section 15301(c). c 14 4 © SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy M 15 of this Resolution with the San Bernardino County Recorder's office. 16 d 9 17 18 d 19 a 20 ° 21 m 22 a 23 0 24 3 25 y 26 27 E r 28 a Packet Pg: 1132' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN N 1 BERNARDINO ORDERING THE VACATION OF AN EAST-WEST ALLEY SOUTH OF ADELL y STREET, BETWEEN "I" STREET AND THE I-215 FREEWAY AND RESERVING UTILITY 2 EASEMENTS THEREIN. m N 3 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor to m 5 a and Common Council of the City of San Bernardino at a meeting 6 R thereof, held on the day of 2012, by the following 7 d 8 vote,to wit: `o U 9 Council Members: AYES NAYS ABSTAIN ABSENT > 10 MARQUEZ 11 JENKINS 12 13 VALDIVIA 14 SHORETT `o_ N 15 KELLEY 16 JOHNSON a 17 a MCCAMMACK 0 18 d 19 a 20 Georgeann Hanna, City Clerk 4 21 The foregoing resolution is hereby approved this_day of , 2012. > m 22 E D 23 Patrick J. Morris,Mayor 24 City of San Bernardino 25 Approved as to form: d 26 JAMES F. PENMAN, City Attorney 27 �! E 28 a Packet Pg, 1133