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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution of Intention: Vacation
of a portion of Juniper Drive, northerly of
Willow Drive, and a portion of Willow
Drive, easterly of Juniper Drive.
Dept: Development serviceO i.' ,... '! , ~ L
'" \0<. ". Ii
Date: April II, 2002
Synopsis of Previous Council Action:
File No.15.30-352
MCC Date: 05-06-2002
2/19/02 - Authorization to proceed was given for the proposed vacation of a portion of Juniper
Drive, northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper
Drive and a request for waiver of fees was approved with the condition that the
petitioner install a 4-foot sidewalk in the right of way adjacent to the vacated area.
Recommended Motion:
Adopt Resolution
-J~ ~H\tL
James Funk
C ta t EILEEN GOMEZ
on c person:
Supporting data attached: StaffReport!Plan/Res.
Ward:
FUNDING REQUIREMENTS:
Amount: Fees waived
Source: (Acct. No.)
(Ar:r:t n.."r:riptinn)
Finance:
Council Notes:
'\ZeSo ~ d.OO.J. - \ J.- '\
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 Juniper Drive, northerly of Willow Drive, and a
portion of Willow Drive, easterly of Juniper Drive.
BACKGROUND:
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 was to allow the owners to build a 6- foot
retaining wall 6 feet from the curb face adjacent to their property and also to install a 4-foot
sidewalk adjacent to the curb.
On February 19,2002, staff was authorized to proceed with the proposed vacation and Plan No.
10419 was approved. Also approved at the council meeting was a request for a waiver of fees in
the amount of $1,000 in exchange for the petitioner installing a 4-foot sidewalk in the right of
way adjacent to the vacated area. City Departments, utility companies, and all adjacent or
affected property owners were mailed notification of the proposal, and were given the
opportunity to submit comments on any conflicts or to reserve easements. All responses received
were favorable. Adelphia and Pacific Bell submitted requests to reserve easements for their
existing facilities, which will be reserved in the Resolution ofIntention and the Resolution
Ordering Vacation.
The attached Resolution of Intention sets a public hearing for June 3, 2002. Upon approval, the
Resolution will be published in The San Bernardino County Sun, the street will be posted and
adjacent and affected property owners will be given notification of the public hearing. At the
Public Hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
The vacation processing fees were waived in exchange for the petitioner installing a 4- foot
sidewalk in the right of way adjacent to the vacated area.
RECOMMENDATION:
Staff recommends approval of the attached Resolution of Intention.
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RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF JUNIPER DRIVE,
NORTHERL Y OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE,
4 EASTERLY OF JUNIPER DRIVE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 hereby declares its intention to order the vacation of a portion of Juniper Drive. northerly of
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Willow Drive. and a portion of Willow Drive, easterly of Juniper Drive. described as follows:
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A strip ofland. 6.00 feet in width, lying within Juniper Drive and Willow Drive right-of-way,
as said streets are delineated on the map of Tract No. 5659 as per map recorded in Book 75 of
Maps. pages 70 & 71. records of the County Recorder of San Bernardino County. State of
California. described as follows:
Commencing at the most northerly corner of Lot 39 of said Tract No. 5659: thence North 340
12' 43" West. along the northwesterly prolongation of the northeasterly line of said Lot 39, a
distance of 6.00 feet; thence South 550 47' 25" West, parallel with the northwesterly line of
said Lot 39,a distance of 36.00 feet to the Tme Point of Beginning; thence continuing along
said parallel line, South 550 47' 25" West, a distance of 27.07 feet to the beginning of a
tangent curve, concave southeasterly and having a radius of 226.00 feet; thence
southwesterly, along said curve and said parallel line, through a central angle of 29025' 10",
an arc distance of I 16.04 feet: thence leaving said parallel line South 260 22' 15" West, a
distance of2.38 feet: thence South 13029' 27" West. a distance of29.54 feet to a line that is
parallel with and 6 feet southwesterly of. as measured at right angles. the southwesterly line
of said Lot 39; thence southeasterly, along said parallel line and along a line that is parallel
with and 6 feet southwesterly ot: as measured at right angles, the southwesterly lines of Lots
16,37 and 38 of said Tract No. 5659. to the southwesterly prolongation of the southeasterly
line of said Lot 36; thence northeasterly. along said southwesterly prolongation. a distance of
6.00 feet to the most southerly corner of said Lot 36; thence northwesterly along said
southwesterly lines of said Lots 36. 37 . 38 and 39 and continuing northerly and northeasterly
along said northwesterly line of said Lot 39. to a point that is 36.00 feet southwesterly of, as
measured along said northwesterly line. said most northerly corner of Lot 39; thence North
55047' 25" West. a distance of6.00 feet to the Tme Point of Beginning.
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04/08102
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RESOLUTION OF INTENTION --- VACATION OF A PORTION OF JUNIPER DRIVE, NORTHERLY
1 OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER DRIVE
2
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SECTION 2. That the Mayor and Common Council of the City of San Bernardino. in
4 vacating the above described portion of said street, elects to proceed under and in accordance
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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.
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SECTION 3. That the hour of 4:00 p.m., on Monday, June 3, 2002, in the Council
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Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
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10 and place when and where all persons interested in or objecting to the proposed vacation may
11 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
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further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
I 0419", approved on February 19,2002, a copy of which is on file in the office of the City Clerk
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of said City.
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
public utility and there is hereby specifically reserved for Adelphia, its successors, heirs and
assigns, an 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 easement shall include rights of ingress and egress; and there is
specifically reserved for Pacific Bell, its successors, heirs and assigns, an 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 easement shall
include rights of ingress and egress.
04/08/02
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RESOLUTION OF INTENTION --- V ACA T10N OF A PORTION OF JUNIPER DRIVE, NORTHERLY
1 OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER DRIVE
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SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
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4 cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
5 Service Easements Vacation Law."
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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
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9 San Bernardino County Sun, a newspaper published and circulated in the City of San
10 Bernardino, prior to the above date set forth for the public hearing.
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04/08/02
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RESOLUTION OF INTENTION --- V ACA T10N OF A PORTION OF JUNIPER DRIVE, NORTHERLY
1 OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER DRIVE
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4 Common Council of the City of San Bernardino at a
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19 The foregoing resolution is hereby approved this
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23 Approved as to form
and legal content:
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By:
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
held on the
day of
,20_, by the following vote, to wit:
Council Members:
AYES
NA YES
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
04/08/02
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5 -<::,-().;) Item #
Vote: Ayes 1- )1 .2j - 'I Nays..f}
Change to motion to amend original documents: -
I d- Resolution #
Abstain -G-
dmd- \~1
Absent ~~
Reso. # On Attachments: -=-- Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTV
NulINoid After: -
By: Nt -r "'1 (,n e...
Date Sent to Mayor: S -l) -0 d-
Date of Mayor's Signature: 5- 't-O.9
Date ofClerklCDC Signature: S'.,q-ad
Reso. Log Updated: V
Seal Impressed: ~
o emolLetter Sent for Signature:
60 Day Reminder Letter da
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Date Returned: -
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITV Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Ves ./ No By
Ves No-L By
Ves No --L By
Ves N07 By
Ves No By
Copies Distributed to:
City Attorney t/'
Parks & Rec.
v
EDA
Finance
Code Compliance
Dev. Services
Police
Public Services
Water
Others:
Notes:
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term. etc.)
Ready to File: --D1L
Date:. 5' -, Cl--<J;).
Revised 01/12/01