HomeMy WebLinkAbout05.U- Public Works RESOLUTION(ID# 1596) DOC ID: 1596
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Street Vacation
GFrom: Nadeem Majaj M/CC Meeting Date: 03/19/2012
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its
Intention to Order 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.
Motion: Adopt 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 "P' Street and the I-215 Freeway; and Plan No. 12831 showing
othe proposed vacation was approved.
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 "p' Street and the I-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
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 governmental 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
Updated:3/13/2012 by Andrea Travis-Miller Page I
1596
^ vacation. There was a request to reserve a utility easement for existing sewer facilities from the City
E of San Bernardino,which will need to be reserved as required by law.
The attached Resolution of Intention sets a public hearing for Monday, May 7, 2012. Upon
approval, the Resolution will be published in the Sun, and those portions of the alley posted. At
the Public Hearing, a Resolution Ordering Vacation will be submitted for action, at which time,
the findings will need to be made by the Public Works Director that the proposed vacation of this
east-west alley is no longer needed for public right-of-way.
City Attorney Review:
Su000rtine Documents:
RCA Attach-Vicinity Map-Alley s-of Adell (PDF)
RCA Attach-Plan No 12831 -Alley s-of Adell (PDF)
Resolution of Intention-Alley S-Of Adell (PDF)
Reso 1596.Attached Exhibit A (PDF)
Updated:3/13/2012 by Andrea Travis-Miller Page 2
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LOCATION OF
PROPOSED ALLEY
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., CITY OF SAN BERNARDINO PROPOSED VACATION OF AN ALLEY SOUTH OF
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION ADELL STREET, BETWEEN "I" STREET AND THE
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1-215 FREEWAY, IN THE CITY OF SAN
BERNARDINO.
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Sphere of Influence
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CITY OF SAN BERNARDINO PLAN NO. 12831 PROPOSED VACATION OF AN ALLEY SOUTH OF ADELL STREET,
PUBLIC WORKS D ENT BETWEEN T'STREET AND THE I-215 FREEWAY,IN THE CITY OF
REAL ER SECTION SAN BERNARDINO.
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LEGEND:
Approved: J7W, L Date: I y Area of vacation shown thus:
city Created by: R Sandoval Date: 09/21/2011
Checked by: Laszlo Fogassy Date: 2-7 qpr I File No. :15.30 414 ,Packet Pg.347
S.U.c
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
3 VACATION OF AN EAST-WEST ALLEY SOUTH OF ADELL STREET, BETWEEN
4 "I" STREET AND THE 1-215 FREEWAY AND RESERVING UTILITY EASEMENTS =
THEREIN.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE w
6 CITY OF SAN BERNARDINO AS FOLLOWS: d
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SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby 0
8 declares its intention to order the vacation of an east-west alley south of Adel] Street, between
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"P' Street and the I-215 Freeway as depicted on the attached map marked as Exhibit"A" and
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11 described herein as follows:
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12 That portion of a dedicated 16 foot wide east-west alley within Block 5, on the Map of X
Urbita, recorded in Book 3 of Maps, Page 54, records of the County of San &
13 Bernardino, State of California, lying between the easterly line of`9" Street, formerly p
I4 known as Lucinda Avenue, having a half width of 33 feet, and the westerly line of the
C Interstate 215 Highway as it currently exists.
15
SECTION 2. The Mayor and Common Council of the City of San Bernardino, in a
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I7 vacating the above described portion of said alley, elects to proceed in accordance with the
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18 provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being R
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19 Division 9, Part 3, of the Streets and Highways Code of the State of California. c
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20 SECTION 3. The hour of 4:30 p.m., on Monday, May 7, 2012, in the Council `o
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Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time .s
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23 and place when and where all persons interested in or objecting to the proposed vacation may It
24 appear before the said Mayor and Common Council and offer evidence in relation thereto. E
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25 For further particulars as to the proposed vacation, reference is made to that map marked
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26 "Plan No. 12831", approved by the Mayor and Common Council on 11/07/2011, a copy of
27 which is on file in the office of the City Clerk of said City, and attached hereto as Exhibit"A".
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I SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other
2 11existing easements for public utility purposes belonging either to the City of San Bernardino
3 or to any public utility that existed prior to these vacation proceedings; and there is hereby
4 specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a a
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temporary easement for sanitary sewer and appurtenant facilities over the entire portion of y
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said alley proposed to be vacated, including the right at any time, or from time to time, to a
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8 construct, maintain, operate, replace and renew said sewer or appurtenances and shall include
9 the right of ingress and egress thereto. The temporary easement set forth herein shall terminate m
10 upon relocation or abandonment of the affected utilities. o
11 SECTION 5. The Director of Public Works of the City of San Bernardino is hereby w
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directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, 9L
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14 Highways and Service Easements Vacation Law."
15 SECTION 6. The City Clerk shall certify to the adoption of this Resolution of m
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Intention and shall cause the same to be published once a week for two successive weeks in N
17 The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the
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above date set forth for the public hearing. `o
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PacketPg. 349
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
1 DECLARING ITS INTENTION TO ORDER THE VACATION OF AN EAST-WEST ALLEY SOUTH
OF ADELL STREET, BETWEEN "I° STREET AND THE I.215 FREEWAY AND RESERVING
2 UTILITY EASEMENTS THEREIN.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor =
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and Common Council of the City of San Bernardino at a meeting
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thereof,held on the day of `h
6 Y 2012,by the following vote,to wit:
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7 Council Members: AYES NAYS ABSTAIN ABSENT °
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8 MARQUEZ >
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JENKINS
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11 VALDIVIA
12 SHORETT
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13 KELLEY
14 JOHNSON
15 MCCAMMACK
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1$ Georgeann Hanna, City Clerk �
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19 The foregoing resolution is hereby approved this—day of 2012. d
20 =
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21 0
Patrick J. Moms, Mayor 5
22 City of San Bernardino
e:
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
25 By.
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3 PacketPg.350
� - EXHIBIT "A"
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CITY OF SAN BERNARDINO PLAN NO. 12831 PROPOSED VACATION OF AN ALLEY SOUTH OF ADELL STREET,
PUBLIC WORKSO WE
RENT BETEN"rSTREET AND THE 4215 FREEWAY,IN THE CITY OF
W REAL ER SE ON Sheet OF SAN BERNARDINO,
LEGEND:
,Droved: Date: /G' Area of vacation shown thus:
co
Created by: R Sandoval Date: 09/21/2011
Checked by: Laszlo Fogassy Date: -T 27 ?ot File No.:15.30414
Packet Pg.,351