HomeMy WebLinkAbout23-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Date: February 5, 2003
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Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation - proposed
vacation ofa 10-foot public utility easement
located between 20th Street and 21 5t Street, west
, "LofKenwood Avenue.
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Dept: Development Services
File No. 15.30-368
Synopsis of Previous Council Action: MCC Date: 02-18-03
09/09/02 - Authorization to proceed was given for the proposed vacation of a 10-foot public utility
easement located between 20th Street and 2151 Street, west of Kenwood Avenue and Plan No.1 0514
was approved
01/21/03 - Resolution ofIntention No. 2003-22 was adopted, setting a public hearing.
Recommended Motion:
I. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from the
Director of Development Services, as to why a 10-foot public utility easement located between 20th
Street and 21st Street, west of Kenwood Avenue, is no longer necessary for public utility purposes,
be adopted.
AND
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2. Adopt Resolution.
Contact person: EILEEN GOMEZ
Supporting data attached: Staff Report/Maps/Reso
Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) 001-000-4780-0000
$1,000.00 (Vacation Processing Fee)
(Acct. Description) Vacation processing fees
Finance:
Council Notes:
'12E8:)-!T 2C.1')3<53
Agenda Item No.
~3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation - proposed vacation of a lO-foot
public utility easement located between 20th Street and 21st Street, west of Kenwood Avenue.
BACKGROUND:
The subject property is located at 399 E. 21 st Street at the southwest corner of 21 st Street and
Kenwood Avenue. On behalf of the property owner, Adkan Engineers is in the process of
planning for the construction ofa 5,012 square foot building which will be an addition to an
existing 5,994 square foot medical facility. Adkan Engineers is requesting that the City vacate
an existing public utility easement in order to comply with the proposed plan. The sewer
facilities in the easement area will be relocated and new easements will be recorded. Adkan
Engineers is corresponding with other utility companies requiring easements in that area to
coordinate a design for the relocation of existing facilities.
On September 9, 2002, staff was authorized to proceed with the proposed vacation ofa 10-foot
public utility easement located between 20th Street and 21st Street, west of Kenwood Avenue and
Plan No. 10514 was approved. On January 21, 2003, Resolution oflntention No. 2003-22 was
adopted, setting a public hearing for February 18,2003. Notices were posted along the area
proposed for vacation and published in the Sun newspaper. Adjacent property owners were also
notified of the public hearing by mail.
The existing utilities will be granted temporary easements in the attached Resolution Ordering
Vacation. All temporary easements will be in effect pending the completion of the relocation
process. The City Water Department, Southern California Edison and Verizon California Inc.,
submitted requests to reserve temporary easements for their existing facilities. When
development starts, existing facilities will either be relocated or abandoned, at which time the
temporary easements will terminate.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and we recommend the vacation based on the following facts:
1. The Director of Development Services has determined that the proposed vacation is of no
further necessity to the general public, pending relocation and/or abandonment of existing
facilities.
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (cont.)
4. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted. Temporary easements across the
area to be vacated will be reserved in the Resolution Ordering Vacation for the City
Water Department, Southern California Edison and Verizon California Inc. for their
existing facilities.
FINANCIAL IMPACT:
None. Applicant has paid the $1,000 processing fee.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
LOCA nON OF
PROPOSED VACATION
No Scale
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Vacation of a portion of a 10 foot
Public Utility Easement located
between 20th Street and 21 st
Street, west of Kenwood Avenue.
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: LO:3zlo F OC]O:3:3V
Date: 01'/29/2002
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A 10-FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN
20Tl! STREET AND 21ST STREET, WEST OF KENWOOD A VENUE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
having heard the evidence offered in relation to the proposed vacation of that certain 10-foot
8
9 public utility easement located between 20'" Street and 21" Street, west of Kenwood Avenue,
10 described in Resolution ofIntention No. 2003-22 hereby find from all of the evidence submitted
11 that such public utility easement proposed to be vacated by said Resolution is unnecessary for
12
13
14
present and prospective public utility purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
15 certain 10-foot public utility easement located between 20'" Street and 21" Street, west of
16 Kenwood Avenue, more fully described as follows:
17
18
19
A Public Utility Easement, in the City of San Bernardino, across the southerly five-feet
(5') of Lots 3 and 4, and the northerly five-feet (5') of Lots 5 and 6, of Tract No. 3650, as
shown by plat on file in Book 47 of Maps, Pages 92-94 inclusive. records of San
Bernardino County, State of California.
20 Also described in Resolution ofIntention No. 2003-22.
21
to construct, maintain, operate, replace and renew said sewer or appurtenances including the right
28
02/05/03
RESOLUTION ORDERING VACATION OF THAT CERTAIN IO-FOOT PUBLIC UTILITY EASEMENT
1 LOCATED BETWEEN 20TH STREET AND 2\ST STREET, WEST OF KENWOOD AVENUE (PLAN NO.
105\4).
2 of ingress and egress thereto; and there is hereby specifically reserved for Southern California
3
4
Edison, its successors, heirs and assigns, a temporary easement to construct, place, operate.
inspect, maintain, repair, replace and remove any overhead or underground electrical
5
transmission andlor distribution structure consisting of wires, cables, conduits, poles, pole
6
anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said
7
8 temporary easement shall include the right of ingress and egress thereto; and there is hereby
9 specifically reserved for the City of San Bernardino Municipal Water Department, its successors,
10
11
12
heirs and assigns, a temporary easement for water utility purposes over the entire area proposed
to be vacated, including the right at any time, or from time to time, to construct, maintain,
operate, replace and renew one or more pipelines or appurtenances for the transportation of water
13
14 and related incidental purposes, and said temporary easement shall include the right of ingress
15 and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its
16
17
18
19
successors, heirs and assigns, a temporary easement to construct, place, operate, inspect,
maintain, repair and replace underground and overhead structures consisting of wires, cables and
necessary fixtures and appurtenances and said temporary easement shall include the right of
20 ingress and egress thereto. All temporary easements reserved herein shall terminate upon
21 relocation or abandonment of existing facilities.
22
23
24
25
26
27
28
SECTION 4. It is hereby determined that the vacation of said public utility easement is
categorically exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Class I, Section l5301(c).
SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
this Resolution with the San Bernardino County Recorder's office.
/II
02/04/03
2
RESOLUTION OF INTENTION --- VACATION OF A IO-FOOT PUBLIC UTILITY EASEMENT
1 LOCATED BETWEEN 20Tn STREET AND 21ST STREET, WEST OF KENWOOD AVENUE (Pia. No.
10514).
2
3
4
5
6
7
8
15
16
17
18
19 The foregoing resolution is hereby approved this
20
21
22
23
Approved as to form
24 and legal content:
25
26
27
9
10
11
12
13
14
28
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
held on the
day of
, 20_, by the following vote, to wit:
Council Members:
AYES
NA YES
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
JAMES F. PENMAN
City At orney
4
02118103
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax; 909.384.5158
www.ci.san-bernardino.ca.us
s'^
February 21, 2003
County Recorder's Office
222 W. Hospitality Lane
San Bernardino, CA 92415
Attn: Recording Clerk
At the Mayor and Common Council meeting of February 18, 2003, the City of San Bernardino
adopted Resolution No. 2003-53 - Resolution of the City of San Bernardino ordering the
vacation of a 1O-foot public utility easement located between 2(jh Street and 21" Street, west of
Kenwood Avenue.
Section 5 directs the City Clerk to file a certified copy of the resolution with the San Bernardino
County Recorder's Office; therefore, I am providing you with one certified copy of Resolution
No. 2003-53.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely, 7
..'/ " f /
'-ill cidj!.'z -dr (5--
Michelle Taylor .
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect [or Human Dignity. Honesty
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 2_ - \ )(-e,j Item #
Vote: Ayes i .Ii- ,-, Nays'&
)
Change to motion to amend original documents:
Z:S Resolution # 200:-S-- 53
Abstain 1- Absent:::\
Reso. # On Attachments: ~ Contract term: .-
Note on Resolution of Attachment stared separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 2 - 2 cni'-:'>
Date ofMayar's Signature: )-;;)() 'C, '::>
Date of Clerk/CDC Signature: d -2\ --0 "".>
Date..Memo/Letter Sent for Signature:
60 Day Reminder Let er a :
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
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):
Copies Distributed to:
City Attorney /
Parks & Rec.
N ull/V oid After: -
By: !Y\"^l'oR...
Reso. Log Updated: /
Seal Impressed: r
Date Returned: -
Yes /' No By
Yes No /' By
Yes No /' By
Yes No / By
Yes No T B
Code Compliance Dev. Services ~ EDA
Police Public Services Water
Notes:
C .rj'::l\n EO ('01'-\
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: {n.t
Date: ;:I-dl-03
Revised 0 I /12/0 I