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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Authorization to Proceed - Proposed
Vacation of a portion of Juniper Drive, Northerly
of Willow Drive and a portion of Willow Drive,
Easterly of Juniper Drive,
Dept: Development Services
Date: February 13, 2002
Synopsis of Previous Council Action:
File No, 15.30-365
MCC Date: 02-19-02
None
Recommended Motion:
1, That the Director of Development Services and the City Clerk be authorized to proceed
with the vacation of a portion of Juniper Drive, northerly of Willow Drive and a portion of
Willow Drive, easterly of Juniper Drive and that Plan No. 10419 depicting the proposed
vacation be approved; and
2. That Vacation processing fees in the amount of $1 ,000 be waived in exchange for the
petitioner installing a 4 foot sidewalk in the right of way adjacent to the vacated area.
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Contact person: LASZLO "Les" FOGASSY
. Staff Report Plan
Supportmg data attached: '
Ward:
FUNDING REQUIREMENTS: Amount: $1,000.00 (Vacation Processing Fee)
Source: (Accl. No.) 001-182-5016-0000
(Accl. Description) Real Property Salaries (General Fund)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed - proposed vacation of a portion of Juniper Drive, northerly of Willow
Drive and a portion of Willow Drive, easterly of Juniper Drive, plan approval and waiver of
processing fees.
BACKGROUND:
On January 21, 2002, a request for an encroachment permit was received from Ron R. Rezek
and Ron V. Rezek, owners of the four contiguous lots located on the north side of Willow Drive,
easterly of Juniper Drive. The purpose of the encroachment permit is to allow the owners to
build a 6 foot retaining wall 6 feet behind the existing curb, adjacent to their property.
The present right of way line is 12 feet behind the curb face. The owners propose to install a 4
foot sidewalk adjacent to the existing curb, and construct the retaining wall behind the sidewalk.
Although an encroachment permit from the City would allow them to build the retaining wall,
there could still be some liability to the City if the wall would be permitted to be built within the
right of way.
Since the City will not have any use for right of way behind the retaining wall, it was determined
that vacating the excess right of way would be a better approach, thus relieving the City of any
potential liability or future maintenance of the wall. Since the property owners will be installing
the 4 foot sidewalk at their own expense, it was requested that the normal vacation processing
fees of$I,OOO be waived.
If authorization to proceed is given, all affected City departments and utilities will be contacted
for comments or any possible conflicts with any existing utilities and a Resolution of Intention
and Resolution Ordering the Vacation will be submitted at a future date.
FINANCIAL IMPACT:
If the waiver of fees is granted, the City will not be receiving the normal $1,000 processing fee
and staff time will be paid from Real Property salaries allocation of the General Fund.
RECOMMENDATION:
Staff recommends that authorization to proceed with the proposed vacation be given and that
Plan No. 10419 be approved and processing fees be waived.
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LOCA TION OF
PROPOSED VACATION
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No Scale
40th SI.
Highland Ave.
Base Line 51.
5th 51.
Mill 51.
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of portions
of Juniper Drive and Willow
Drive
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: L... Foqo??y Date: 02//5/2002
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