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ORIGINAL
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Dept: Development Services
Subject: Resolution of Intention: Vacation
of a portion of University Parkway,
westerly of North park Boulevard
From: JAMES FUNK, Director
Date: July 6, 2005
File No. 15.30-385 MCC Date: August 1,2005
Synopsis of Previous Council Action:
April 4, 2005 Authorization was given to proceed with the proposed vacation of a portion of
University Parkway, westerly of North park Boulevard; Plan No. 11472 slrowing
the proposed vacation, was approved.
Recommended Motion:
Adopt Resolution
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Contact person: Jeanne'marie Fitzpatrick
Phone: 5328
Supporting data attached: StaffReport/Maps/
Resolution
FUNDING REQUIREMENTS: Amount: $1200.00 (Processing fee paid by petitioner)
Source: (Aeet. No.) 001-000-4780
Ward:
5
(Aeet. Description) Street Vacation Fees
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention: Vacation of a portion of University Parkway, westerly of North park
Boulevard.
BACKGROUND:
On March 14,2005, an application was received from Transtech, on behalf of the developer,
Watson and Associates, requesting the vacation of a portion of University Parkway, westerly of
Northpark Boulevard. This proposed vacation is relative to the University Parkway development
project located at University Parkway and Northpark Boulevard. The developer has requested
this vacation of the portion of University Parkway in order to facilitate proposed improvements
for access to this development. The area proposed to be vacated is shown on the attached plan.
The City of San Bernardino acquired this right-of-way in fee. Thus, the vacated portion will
have to be sold to the developer as a separate action upon completion of the vacation.
The proposed purchaser of the surplus property, Watson and Associates, has agreed to a "no
build" restriction on the proposed vacated portion of the right-of-way, and to construct sidewalk
abutting University Parkway from Northpark Boulevard southwesterly to the owner's property
line. At no expense to the City, the property owner has agreed to install the sidewalk
improvements within 270 days of the effective date of vacation of the right-of-way.
On June 6, 2005, authorization to proceed with the proposed vacation was given and Plan No.
11472 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. There were no
requests to reserve easements.
The attached Resolution of Intention sets a public hearing for Tuesday, September 6, 2005.
Upon approval, the Resolution will be published in the Sun, and this portion of the street posted.
At the Public Hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The applicant has paid the total amount of $1 ,200 for the completion of the vacation
proceedings.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO. t ()) rPY
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RESOLUTION OF THE CITY OF SAN BERNARDINO
3 INTENTION TO ORDER THE VACATION OF A PORTION
PARKWAY, WESTERLY OF NORTH PARK BOULEVARD.
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DECLARING ITS
OF UNIVERSITY
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
hereby declares its intention to order the vacation of a portion of University Parkway, westerly of
Northpark Boulevard as depicted on the attached map marked as Exhibit "A" and described
herein as follows:
A portion of land lying within Section 17, (unsurveyed), Township 1 North, Range 4
West, San Bernardino Base and Meridian, being a portion of the Rancho Muscupiabe per plat
recorded in Book 7, page 23 of Maps in the office of the County Recorder of the County of San
Bernardino, State of California, described as follows:
Commencing at the centerline of the intersection of University Parkway and Northpark
Boulevard as shown on Parcel Map 16307, filed in Book 200 of Parcel Maps, at pages 70
through 76, in the office of said County Recorder; thence along the centerline of University
Parkway, South 490 31 '29" West, 205.42 feet; thence at a right angle to said centerline, North
40028'31" West, 100.00 feet to the Point of Beginning; thence South 49031 '29" West 125.14
feet; thence South 40028'31" East, 10.00 feet; thence North 49031'29" East, 125.14 feet; thence
North 40028'31" West, 10.00 feet to the Point of Beginning.
SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
vacating the above described portion of said street, elects to proceed under and in accordance
with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
being Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. That the hour of 4:00 p.m., on Tuesday, September 6, 2005, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
and place when and where all persons interested in or objecting to the proposed vacation may
appear before the said Mayor and Common Council and offer evidence in relation thereto.
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RESOLUTION OF INTENTION: VACATION OF A PORTION OF UNIVERSITY PARKWAY,
WESTERL Y OF NORTHP ARK BOULE V ARD
For further particulars as to the proposed vacation, see that map marked "Plan No. 11472",
approved on June 6, 2005, attached as Exhibit 'A'.
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
easements for public utility purposes belonging either to the City of San Bernardino or to any
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public utility.
SECTION 5. That the Director of Development Services of the City of San Bernardino
hereby is directed to cause Notices of Street Vacation to be posted as required by said "Public
Street, Highways and Service Easements Vacation Law."
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
Intention and shall cause the same to be published once a week for two successive weeks in The
Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
set forth for the public hearing.
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RESOLUTION OF INTENTION: VACATION OF A PORTION OF UNIVERSITY PARKWAY,
WESTERLY OF NORTHP ARK BOULEVARD
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
wit:
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day of
, 20_, by the following vote, to
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20_
The foregoing resolution is hereby approved this
23 Approved as to form
24 And legal content:
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JUDITH V ALLES, Mayor
City of San Bernardino
JAMES F, PEJ\TMAN
City Attorney
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Ar' ~, ~O-( Item # 11 R,,,,Iution # 8J OIJ~ - :J, /oJ---,
Vote: Ayes Nays Abstain Absent
Change to motion to amend original documents 0 Companion Resolutions
Null/Void After:
days/
ttachments: 0
By:
Note on Resolution of attachment stored separately: 0
E- I D .J- 'tr 17
PUBLISH POST 0 RECORD W/COUNTY 0
Date Sent to Mayor: t" )- / 0 !
Date of Mayor's Signature: ! ~ 31 tf) s:-.---
Date of Clerk/CDC Signature: t... l(, IlJ
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Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Reso. Log Updated:
Seal Impressed:
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Not Returned: 0
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
Yes
Yes
Yes
Yes
NOT By_.
NOr By_
No7By_
No /BY_
No_ By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator o . Facilities 0 Parks & Recreation 0
City Attorney .~ Finance 0 Police Department 0
Code Compliance ~ Fire Department 0 Public Services 0
Development Services Human Resources 0 Water Department 0
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Notes:
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Ready to File: V
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Date: t, LI t ~ :)
Revised 12/18/03