HomeMy WebLinkAbout06.B- Public Works RESOLUTION(ID # 1963) DOC ID: 1963
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Street Vacation
From: Jim Smith M/CC Meeting Date: 08/20/2012
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 Ordering the
Vacation of a Portion of the Southwesterly Side of Kendall Drive, Northerly of Pine Avenue and
Reserving Public 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
Public Works Director, as to why a portion of the southerly side of Kendall Drive,
northerly of Pine Avenue is no longer necessary for public right-of-way purposes;
and adopt Resolution.
Synopsis of Previous Council Action:
Q3/02/2009 - 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.
7/02/2012 - Resolution No. 2012-194 was adopted, declaring the intention to vacate a portion of
the southerly side of Kendall Drive, northerly of Pine Avenue, and setting a public hearing for
August 20, 2012.
Backimound:
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 area that was relinquished 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
Updated: 8/6/2012 by Linda Sutherland
1963
side, to be consistent with the General Plan Circulation Element. As part of the 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.
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j 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
1 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.
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On July 2, 2012, Resolution No. 2012-194 was adopted declaring the City's intention to order
the vacation of a portion of the southerly side of Kendall Drive, northerly of Pine Avenue, and
set a public hearing for August 20, 2012. The Resolution was published in the Sun newspaper,
and that portion of the street 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 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.
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:
Updated: 8/6/2012 by Linda Sutherland
1963
RCA Attach-Vicinity Map (PDF)
RCA Attach -Plan No 12595(PDF)
Resolution Ordering Vacation - Kendall Dr (DOC)
Updated: 8/6/2012 by Linda Sutherland Packet Pg. 60
6.B.a
LOCATION OF
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PROPOSED STREET
VACATION
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CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF THE
PUBLIC WORKS
OPERTYSE DEPARTMENT SOUTHWESTERLY SIDE OF KENDALL DRIVE
REAL PROPERTY SECTION
,d o Re °0 NORTHERLY OF PINE AVENUE, IN THE CITY OF
Indicates un-incorporated areas within City's SAN BERNARDINO.
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PTN OF THE IRVINGTON
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M.B. 3/9 LINE DATA
R/W TO REa� '41
LINE LENGTH BEARING
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KENDALL DRIVE TO n
BE VACATED BASIS OF BEARINGS: O
THE BEARING NORTH 57' 20' WEST ON Z
THE CENTERLINE OF KENDALL DRIVE AS
DESCRIBED IN DEED (HIGHWAY EASEMENT)
TPOB \ O TO THE STATE OF CALIFORNIA, RECORDED
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CITY OF SAN BE RDINO PLAN NO. 12595 PROPOSED VACATION OF A PORTION OF THE
PUBLIC I ORE [VISION SOUTHWESTERLY SIDE OF KENDALL DRIVE,NORTHERLY OF
REAL P PE SECTION Sheet 1 of 1 PINE AVENUE.
LEGEND:
Approved: Date:
ny E 5 G Area of vacation shown thus:
Created by: Ran Sandoval Date:2 q o
Checked by: Laszlo Fogassy Date: File No. :15.90402
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THE
3 SOUTHWESTERLY SIDE OF KENDALL DRIVE, NORTHERLY OF PINE a
4 AVENUE AND RESERVING PUBLIC UTILITY EASEMENTS THEREIN. 0
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: Y
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7 SECTION 1. Proceeding under and in accordance with the "Public Streets, 0c
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8 Highways, and Service Easements Vacation Law", Division 9, Part 3 of the California ,00,
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Streets and Highways Code, the Mayor and Common Council of the City of San 0:
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11 Bernardino, having heard the evidence offered in relation to the proposed vacation of a z
12 portion of the southwesterly side of Kendall Drive, northerly of Pine Avenue, described in
13 Resolution of Intention No. 2012-194, hereby find from all of the evidence submitted that N
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proper notice has been given and that such portion of street proposed to be vacated by this 2
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Resolution are unnecessary for present and prospective street purposes. o
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SECTION 2. The Mayor and Common Council of said City do hereby vacate that x
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portion of the southwesterly side of Kendall Drive, northerly of Pine Avenue, more fully 2
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described herein as follows: >
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22 That portion of Kendall Drive as described in Deed (Highway Easement) to the State o
of California for highway purposes, recorded May 29, 1943, in Book 1602, Page 0
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23 224, Official Records, San Bernardino County, State of California, and further c
24 described as follows:
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25 That portion of Block 58 of the Irvington Land and Water Company subdivision, as E
per map filed in Book 3 of Maps, Page 9, records of said County, and described as t
26 follows:
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27 Commencing on the most southerly corner of property as described in said Deed
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1 (Highway Easement) to the State of California, said point also being on the
southwesterly right-of-way line of said Kendall Drive;
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Thence North 57° 20' West, along said southwesterly line, a distance of 395.31 feet,
3 to a point of intersection with the west line of that certain Parcel 1 as conveyed to the S a.
4 San Bernardino County Flood Control District in Deed recorded July 27, 1948, in p
Book 2268, Page 146, Official Records of said County, said point being the True i
5 Point of Beginning. M
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6 Thence continuing North 57° 20' West, along said southwesterly line, a distance of Y
7 354.69 feet, to the northerly line of said property described in Deed to State of o
California; 0
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9 Thence North 320 40' East, along said northerly line, a distance of 25.00 feet to a j
line parallel with and 50.00 feet southwesterly, measured at right angles, from the 0
10 centerline of said Kendall Drive; U)
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Thence South 570 20' East, along said parallel line, a distance of 335.84 feet to a
12 point on the northerly prolongation of the said east line of Parcel 1;
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13 Thence South 04° 24' 29" East, along said northerly prolongation, a distance of r
14 31.33 feet to the True Point of Beginning.
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SECTION 3. Nothing in this Resolution shall in any way affect or disturb any c`
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17 existing easements for public utility purposes belonging either to the City of San Bernardino c
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18 or to any public utility; and there is hereby specifically reserved for the City of San o
19 Bernardino, its successors, heirs and assigns, an easement for sanitary sewer and
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appurtenant facilities over the entire area proposed to be vacated, including the right at any •a
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22 time, or from time to time, to construct, maintain, operate, replace and renew said sewer or C
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23 appurtenances and shall include the right of ingress and egress thereto. —00
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25 SECTION 4. It is hereby determined that the vacation of said street is categorically E
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26 exempt from the requirements of the California Environmental Quality Act (CEQA), z
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27 pursuant to Class 1, Section 15301(c).
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Packet Pg. 64
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1 SECTION 5. The City Clerk is hereby directed and authorized to file a certified
2 copy of this Resolution with the San Bernardino County Recorder's office.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO z
5 ORDERING THE VACATION OF A PORTION OF THE SOUTHWESTERLY SIDE OF KENDALL m
DRIVE, NORTHERLY OF PINE AVENUE AND RESERVING PUBLIC UTILITY EASEMENTS
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6 THEREIN. a
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8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor v
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9 and Common Council of the City of San Bernardino at a meeting >
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10 thereof, held on the day of 2012, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
13 MARQUEZ
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14 JENKINS 0
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15 VALDIVIA
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19 JOHNSON
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Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of 2012.
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26 Patrick J. Morris, Mayor r
27 City of San Bernardino
28 Approved as to form:
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1 JAMES F. PENMAN,
City Attomey
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