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RESOLUTION (ID # 3573) DOC ID: 3573 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
-�^ Street Vacation
From: Tony Frossard M/CC Meeting Date: 01/05/2015
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 Approving
Plan No. 13028 and Ordering the Summary Vacation of a Public Utility Easement (PUE)
Within Tract No. 17699, Generally Located Northwesterly of Campus Parkway, in the
City of San Bernardino. (#3573)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact associated with this action. The petitioner has paid the total
processing fee of $2,000.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
An application was received by Frontier Communities, the owner/developer of the
Colony 22 project, requesting the vacation of a portion of a Public Utility Easement
(PUE) that was dedicated to the City within their Tract No. 17699, generally located
northwesterly of Campus Parkway. The PUE within the tract branches out into each
driveway of the anticipated homes for the utility companies to connect at their service
points. Frontier has indicated that the layout of one of the homes within the tract has
changed and the existing PUE currently lies within the footprint of a home.
The tract will be a newly constructed residential development, and there is no apparent
future need for this portion of the PUE as a home is anticipated to be built over this
proposed vacation area.
Pursuant to Section 8333 of the Streets and Highways Code, the legislative body of a
local agency may summarily vacate a public service easement in any of the following
cases:
(a) The easement has not been used for the purpose for which it was dedicated or
acquired for five consecutive years immediately preceding the proposed
vacation.
(b) The date of dedication or acquisition is less than five years, and more than one
0 year, immediately preceding the proposed vacation, and the easement was not
Updated: 12/18/2014 by Georgeann "Gigi" Hanna C I Packet Pg. 209
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3573
used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be
excess by the easement holder, and there are no other public facilities
located within the easement.
On November 6, 2014, all City departments and utility companies were notified by a
mailed notice to determine if any conflicts exist with the proposed vacation, and/or if any
facilities have been installed at this location. No conflicts and no reservation of
easements were requested from any of the notified utility companies. Since there are
no facilities in the proposed vacation area and the easement is considered excess, per
Section 8333(c) above, this PUE can be summarily vacated.
A map depicting the general vicinity and Plan No. 13028 showing the details of the
proposed vacation are attached.
City Attorney Review:
Supporting Documents:
Resolution Ordering Vacation (DOC)
Application (PDF)
Plan No 13028 (PDF)
Updated: 12/18/2014 by Georgeann "Gigi" Hanna C Packet Pg. 210
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY j
OF SAN BERNARDINO APPROVING PLAN NO. 13028 AND ORDERING THE ti
3 SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT (PUE) WITHIN
TRACT NO. 17699, GENERALLY LOCATED NORTHWESTERLY OF CAMPUS z°
4 PARKWAY, IN THE CITY OF SAN BERNARDINO.
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WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to =_
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7 summarily vacate a portion of a Public Utility Easement (PUE) on the property generally
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8 located northwesterly of Campus Parkway, in the City of San Bernardino, also known as N
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9 Assessor Parcel Number 0151-311-01, without notice and hearing pursuant to California
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Streets and Highways Code Section 8333; and D
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WHEREAS, the proposed portion of the PUE to be vacated is more fully described in a
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the legal description attached and incorporated herein as Exhibit"A" and depicted on the map c
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14 marked"PLAN NO. 13028", attached and incorporated herein as Exhibit`B". cc
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
16 CITY OF SAN BERNARDINO AS FOLLOWS: N
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SECTION 1. The Mayor and Common Council of the City of San Bernardino elect to
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proceed with the summary vacation as described above, under and in accordance with the r-
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to
20 provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
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21 Division 9, Part 3 of the Streets and Highways Code of the State of California. _
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22 SECTION 2. The Mayor and Common Council hereby approves Plan No. 13028, and O
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hereby finds and determines that this portion of the PUE on Assessor Parcel Number 0151-
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311-01 as shown on Plan No. 13028, has been superseded by relocation or is excess, and that
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there are no other public facilities located within the easement; and that based upon these E
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27 findings and determinations, the said portion of the PUE is hereby summarily vacated,
28 pursuant to Section 8333(c) of the Streets and Highways Code.
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1 SECTION 3. The Mayor and Common Council hereby determines that the vacation
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of said public utility easement is categorically exempt from the requirements of the California o
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Environmental Quality Act(CEQA), pursuant to Class 1, Section 15301(c). Z
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SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy
6 of this Resolution with the County Recorder of San Bernardino County, and said Resolution
7 shall not take effect until such filing.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING PLAN NO. 13028 AND ORDERING THE SUMMARY VACATION OF A
2 PUBLIC UTILITY EASEMENT (PUE) WITHIN TRACT NO. 17699, GENERALLY LOCATED
NORTHWESTERLY OF CAMPUS PARKWAY,IN THE CITY OF SAN BERNARDINO. CD
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor z°
5 and Common Council of the City of San Bernardino at a meeting L
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6 thereof, held on the day of , 2015, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ w
10 BARRIOS
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11 VALDIVIA
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12 SHORETT
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NICKEL
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15 JOHNSON M
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2015.
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22 R. CAREY DAVIS, Mayor T
City of San Bernardino 0
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Approved as to form:
24 GARY D. SAENZ, City Attorney
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By: d
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Description
That portion of Lot I as shown on Tract No. 17699,recorded in Book 336 of Tract Maps,
pages 70 through 73 inclusive,in the office of the county recorder of San.Bernardino z°
County,State of California,described as follows.
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CQMMENCIING at a point on the northerly right of way line of Campus Park-way as
shown on Map of said'Tract No. 17699,distant thereon North 53°48'36"East 234.59 feet
from the southwest corner of said Lot 1,and being a point on the centerline of that certain
public utility easement also as shown on Map of said Tract No. 17699;thence North
36011'24" West along said centerline,54.98 feet to the beginning of 32.00 foot radius N
curve, concave southeasterly;thence northeasterly along said curve,through a central w
angle of 90°00'00"a distance of 50.27 feet;thence North 53 148'36"East 137.82 feet to
the beginning of a 150,00 foot radius curve,concave northwesterly;thence northeasterly
along said curve through a central angle of 04'°24'10"a distance of 11.09 feet;them U
North 49034'26'East 27.85 feet; thence leaving said centerline of the public utility
easement,North 40°25'34"West 17.00 feet to the Pt3IN't'GIB BEGfNNING;thence a
North 40 02534"West 12.50 feet; thence North 49°34'26"East 11.50 feet;thence South
40'25'34"Fast 12.50 feet;thence South 49 034126" West 11.50 feet to the POINT OF 0
BEGINlYIN'G. °
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Contains 143.75 square feet,more or less. >
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This description was prepared by me
or under my direction in accordance =
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APPLICATION FOR STREET/ALLEY/EASEMENT VACATION
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z To: City of San Bernardino
s Public Works Department,Real Property Section
�4 300 N."D"Street—P Floor,San Bernardino,CA 92418
t n it (909)384-5111
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the
following street/alley/easement located in the City of San Bernardino pursuant to Section 8300 et 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)
190.2 square feet near 2050 N. Colony Parkway,San Bernardino, CA
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The vacation is requested for the following reason(s): P
The home to be built at 2050 N. Colony Parkway has been replotted.The existing easement c
now lies within the footprint of the home.
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I understand that a total non-refundable fee of $ 2,000.00 shall be paid by me as a cost of the (D
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proceedings, one-half of which$1,000.00 is hereby enclosed.The remainder of $1,000.00 shall be due and W
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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
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improvements thereon, 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 ti
title to any property involved and I have been advised to consult a title company to determine such f°
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ownership. e
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I understand that at the conclusion of the investigative proceedings, the City will notify me of its
findings including and conflicts with City facilities now located in the area proposed to be vacated, or the j
request by any utility company for the reservation of any existing easements and that such conflicts or
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reservations may affect the intended use of the proposed area,once vacated,and that I may elect to terminate or I-
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continue the proceedings. If I elect to continue, the remaining unpaid fees shall be paid by me prior to the
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continuance of said proceedings. 0
I understand that the requested vacation is subject to the approval of the Mayor and Common Council of v
the City of San Bernardino and that there is no guarantee that such approval will be made. Q
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Rich Munkvold
Date Print Name Signature
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(909)354-8000 8300 Utica Ave,Suite 300, Rancho Cucamonga,CA 91730 f°
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Tel.No. Address -City,State,Zip
PLEASE NOTE:
The City requests that at least 90%of the adjoining property 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
application and wish to proceed with the requested vacation as stated herein.
S 30-Id Packet Pg. 216
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