HomeMy WebLinkAbout07.W- Public Works RESOLUTION (ID# 1858) DOC ID: 1858
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Street Vacation
From: Jim Smith M/CC Meeting Date: 07/02/2012
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 5
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Declaring its
Intention to Order the Vacation of a portion of the Southwesterly side of Kendall Drive,
Northerly of Pine Avenue and Reserving Public Utility Easements Therein.
Financial Impact:
None. The total amount of$2,000 has been paid by the petitioner for the completion of the
vacation proceedings.
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
03/02/09 Authorization was given to proceed with the proposed vacation of a portion of the
southerly side of Kendall Drive, northerly of Pine Avenue; Plan No. 12595, showing
the proposed vacation was approved.
Background:
On September 15, 2008, an application was received from Rene Jacober (owner of Kendall
Plaza, LLC), requesting the vacation of a portion of the southwesterly side of Kendall Drive,
northerly of Pine Avenue, 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.
The City does not own any portion of the relinquished easement area in fee. Kendall Plaza, LLC
owns a parcel (APN: 0266-031-14) directly abutting 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. The project has been referred to as Kendall Plaza.
Currently, this portion of Kendall Drive is 75 feet wide on the southerly side and 50 feet on the
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. As part of the
Packet Pg. 1799
Updated:6/28/2012 by Gwendolyn Waters P""' l
1858
conditions for this development, the owner will be required to dedicate additional right-of-way
adjacent to this project along Kendall Drive northwesterly of the area proposed to be vacated.
This will result in a consistent 50-foot half width along the entire frontage of the proposed
development.
On March 2, 2009, authorization to proceed with the proposed vacation was given and Plan No.
12595 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. Vacation proceedings were put on hold due to issues with the
development unrelated to the proposed vacation. The issues with the development have been
resolved, and the owner has indicated a desire to proceed with the proposed vacation.
Since the previous notices to City departments, utility companies and other government entities
were sent out over a year ago, new notices were sent out in April of 2012 to ensure that no
changes have occurred since the prior notification, to reserve any easements, or indicate any
conflicts or concerns. Several responses were received and all were favorable to the vacation.
There were requests to reserve a utility easement from the Public Works Department (City) for
sewer, which will need to be reserved as required by law.
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.
The attached Resolution of Intention sets a Public Hearing for Monday, August 20, 2012. Upon
approval, the Resolution will be published in the Sun newspaper, and this portion of the street
will be posted. At the Public Hearing, a Resolution Ordering Vacation will be submitted for
your action.
City Attorney Review:
Su000rtina Documents:
RCA Attach-Vicinity Map - Kendall Dr N-Of Pine(PDF)
RCA Attach-Plan No 12595 Signed-Kendall N-Of Pine (PDF)
Resolution-Kendall N-Of Pine (PDF)
Reso Exhibit 1 -Plan 12595 (PDF)
Updated:6/28/2012 by Gwendolyn Waters Page 2
7.W.a
LOCATION OF
PROPOSED STREET
VACATION
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CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF THE a
PUBLIC WORKS DEPARTMENT SOUTHWESTERLY SIDE OF KENDALL DRIVE
Will REAL PROPERTY SECTION
NORTHERLY OF PINE AVENUE, IN THE CITY OF
Indicates un-incorporated areas within City's SAN BERNARDINO.
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CITY OF SAN BE RDINO PLAN NO. 12595 PROPOSED VACATION OF A PORTION OF THE E
PUBLIC OR (VISION SOUTHWESTERLY SIDE OF KENDALL DRIVE,NORTHERLY OF
REALP PE SECTION Sheet 1 of 1 PINE AVENUE. 4
LEGEND:
approved: Date:
nP E 3 Area of vacation sho"thus:
Created by: Ran Sandoval Date:2 A loq
Checked by: Laszlo Fogassy Date: Fiia No.:15.30-402
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1 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 A PORTION OF THE SOUTHWESTERLY SIDE OF KENDALL
4 DRIVE, NORTHERLY OF PINE AVENUE AND RESERVING PUBLIC UTILITY
EASEMENTS THEREIN. ;
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF z
7 SAN BERNARDINO AS FOLLOWS: v
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8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino Y
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9 hereby declares its intention to order the vacation of a portion of the southwesterly side of
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10 Kendall Drive, northerly of Pine Avenue as depicted on the attached map marked as Exhibit
11 ' 1"and described herein as follows:
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That portion of Kendall Drive as described in Deed
13 (Highway Easement) to the State of y
California for highway purposes, recorded May 29, 1943, in Book 1602, Page 224, 1�
14 Official Records, San Bernardino County, State of California, and further described as CL
follows:
15
That portion of Blocks 58 of the Irvington Land and Water Company subdivision, as per
16 map filed in Book 3 of Maps,Page 9,records of said County,and described as follows:
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Commencing on the most southerly corner of property as described in said Deed Q
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18 (Highway Easement) to the State of California, said point also being on the southwesterly
right-of-way line of said Kendall Drive; 4
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Thence North 57° 20' West, along said southwesterly line, a distance of 395.31 feet, to a Y
20 point of intersection with the west line of that certain Parcel 1 as conveyed to the San c
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21 Bernardino County Flood Control District in Deed recorded July 27, 1948, in Book 2268, —'o
Page 146,Official Records of said County, said point being the True Point of Beginning. rr
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23 Thence continuing North 570 20' West, along said southwesterly line, a distance of 354.69 d
feet,to the northerly line of said property described in Deed to State of California; t
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Thence North 32° 40' East, along said northerly line, a distance of 25.00 feet to a line a
25 parallel with and 50.00 feet southwesterly,measured at right angles, from the centerline of
26 said Kendall Drive;
27 Thence South 57° 20' East, along said parallel line, to a point on the northerly
prolongation of the said east line of Parcel 1;
ice, 28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE
SOUTHWESTERLY SIDE OF KENDALL DRIVE, NORTHERLY OF PINE AVENUE AND
2 RESERVING PUBLIC UTILITY EASEMENTS THEREIN.
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4 Thence South 04° 24' 29"East, along said northerly prolongation, a distance of 31.33 feet
to the True Point of Beginning. c
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SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
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vacating the above described portion of said street, elects to proceed under and in accordance Y
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9 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
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10 being Division 9, Part 3, of the Streets and Highways Code of the State of California. c
11 SECTION 3. That the hour of 4:30 p.m, on Monday, August 20, 2012, in the
12 Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as
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the time and place when and where all persons interested in or objecting to the proposed a
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15 vacation may appear before the said Mayor and Common Council and offer evidence in
16 relation thereto. For further particulars as to the proposed vacation, reference is made to that m
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17 map marked "Plan No. 12595", approved by the Mayor and Common Council on 03/02/2009, Q
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18 a copy of which is on file in the office of the City Clerk of said City. m
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19 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any Y
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existing easements for public utility purposes belonging either to the City of San Bernardino S
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22 or to any public utility; and there is hereby specifically reserved for the City of San W
23 Bernardino, its successors, heirs and assigns, an easement for sanitary sewer and appurtenant E
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24 facilities over the entire area proposed to be vacated, including the right at any time, or from a
25 time to time, to construct, maintain, operate, replace and renew said sewer or appurtenances
26
and shall include the right of ingress and egress thereto.
27
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Packet Pg. 1804
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
1 DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE
SOUTHWESTERLY SIDE OF KENDALL DRIVE, NORTHERLY OF PINE AVENUE AND
2 RESERVING PUBLIC UTILITY EASEMENTS THEREIN.
3
4 SECTION 5. That the Director of Public Works of the City of San Bernardino is m
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5 hereby directed to cause Notices of Street Vacation to be posted as required by said "Public a
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Streets,Highways and Service Easements Vacation Law."
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SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of x
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9 Intention and shall cause the same to be published once a week for two successive weeks in a
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10 The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the `o
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11 above date set forth for the public hearing.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
1 DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE
SOUTHWESTERLY SIDE OF KENDALL DRIVE, NORTHERLY OF PINE AVENUE AND
2 RESERVING PUBLIC UTILITY EASEMENTS THEREIN.
3
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c
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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 2012,by the following vote,to wit: o
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g Council Members: AYES NAYS ABSTAIN ABSENT c
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9 MARQUEZ
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13 SHORETT v,
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19 Georgeann Hanna, City Clerk m
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20 The foregoing resolution is hereby approved this day of 2012. u
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22 Patrick J. MOrris,Mayor
23 City of San Bernardino E
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24 Approved as to form:
JAMES F. PENMAN,
25 City Attorn
26 By:
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EXHIBIT 661"
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PORTION OF L3 31.3 V 24'29" E o
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BE VACATED BASIS OF BEARINGS:
THE BEARING NORTH 57' 20' WEST ON N
THE CENTERLINE OF KENDALL DRIVE AS a I
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DESCRIBED IN DEED (HIGHWAY E Y
TPOB TO THE STATE OF C FORNIA. RECORDED
PTN. BI1C. \ I IN BOOK 1602, PAGE 224. O
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® CITY OF SAN BE ARDINO PLAN NO. 12595 PROPOSED VACATION OF A PORTION OF THE
PUBLIC O IVISION SOUTHWESTERLY SIDE OF KENDALL DRIVE,NORTHERLY OF
REAL P PE SECTION Sheet 1 of 1 PINE AVENUE.
LEGEND:
Vproved: Date
NEE 3 O Area of vacation shown thus:
Created by: Ran Sandoval Date:y A 0
Checked by: Laszlo Fogassy Date: File No.:15.30402