HomeMy WebLinkAbout25-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
OR;:;:~AL
Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation m a
portion of Juniper Drive, northerly of
Willow Drive, and a portion of Willow
. Drive, easterly of Juniper Drive.
From: JAMES FUNK,
Director
Date: May 24, 2002
Synopsis of Previous Council Action:
File No.15.30-365
MCC Date: 06-03-2002
02/19/02 - Authorization to proceed with the proposed vacation of a portion of Juniper Drive,
northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive was given
and Plan No. 10419 was approved.
05/06/02 - Resolution No. 2002-124 was adopted, setting a public hearing.
Recommended Motion:
1. 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 portion of Juniper Drive, northerly
of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive, is no longer
necessary for public street purposes, be adopted.
AND
4{.:.b I IF
2.
Adopt Resolution.
Contact person:
EILEEN GOMEZ
Phone:
5328
Supporting data attached:
Staff Report! Maps/
KeSOIUtlon
Ward:
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FUNDING REQUIREMENTS: Amount: Fees waived
Source: (Acct. No.)
(Acct Description)
Finance:
Council Notes:
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Agenda Item No.
.2S""
'/3/01-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation --- a portion of Juniper Drive,
northerly of Willow Drive, and a portion of Willow Drive, easterly of Juniper Drive.
BACKGROUND:
On February 19,2002, staffwas 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$I,OOO 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.
On May 6, 2002, Resolution of Intention No. 2002-124 was adopted, setting a public hearing for
June 3, 2002. Notices were posted along the area proposed for vacation and published in the San
Bernardino County Sun newspaper. Adjacent property owners were also notified of the public
hearing by mail.
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:
I. The Director of Development Services has determined that the proposed vacation is of no
further necessity to the general public.
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
4. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted. Easements across the area to be
vacated will be reserved in the Resolution Ordering Vacation for Adelphia and Pacific
Bell for their existing facilities.
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 that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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LOCA TION OF
PROPOSED VACA TION
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of portion s
of Juniper Drive and Willow
Drive
~ indicates un-incorporated areas
~ within City's Sphere af Influence
Created by: L. Foqa~~y Date: 021/;;12002
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A .PORTION OF JUNIPER DRIVE, NORTHERLY OF WILLOW
DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER DRIVE
4 (PLAN NO. 10419) AND RESERVING CERTAIN EASEMENTS THEREIN.
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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,
having heard the evidence offered in relation to the proposed vacation of that certain portion of
submitted that such portion(s) of said street(s) proposed to be vacated by said Resolution is/are
unnecessary for present and prospective street purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
certain portion of Juniper Drive, northerly of Willow Drive, and a portion of Willow Drive,
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17 easterly of Juniper Drive, as described in Exhibit "A" attached hereto.
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SECTION 3. 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 thereto; and there is
25 hereby specifically reserved for Pacific Bell, its successors, heirs and assigns, an easement to
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construct, place, operate, inspect, maintain, repair and replace underground and overhead
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structures consisting of wires, cables and necessary fixtures and appurtenances, and said
easement shall include rights of ingress and egress thereto.
Vi (;' ;,S-
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OS/23/02
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RESOLUTION ORDERING VACATION OF A CERTAIN PORTION OF JUNIPER DRIVE,
1 NORTHERLY OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER
r' DRIVE (Plan No. 10419)
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this Resolution with the San Bernardino County Recorder's office.
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SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of
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OS/23/02
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RESOLUTION ORDERING VACATION OF A CERTAIN PORTION OF JUNIPER DRIVE,
1 NORTHERLY OF WILLOW DRIVE, AND A PORTION OF WILLOW DRIVE, EASTERLY OF JUNIPER
DRIVE (plan No. 10419)
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3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
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meeting thereof
,20_, by the following vote, to
held on the
day of
wit:
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ABSTAIN ABSENT
NAYS
Council Members: A YES
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
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The foregoing resolution is hereby approved this
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day of
,20__
_ JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: ~~ 7.(~
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OS/23/02
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EXHIBIT "A"
Vacation of a portion of Juniper Drive, northerly of Willow Drive,
and a portion of Willow Drive, easterly of Juniper Drive
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 comer 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 True 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 of226.00 feet; thence southwesterly, along said curve
and said parallel line, through a central angle of290 25' 10", an arc distance of 116.04 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 of, as
measured at right angles, the southwesterly lines of Lots 38, 37 and 36 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 comer 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 comer of Lot 39; thence North 550 47' 25" West, a distance of 6.00 feet to the True
Point of Beginning.
"
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Rachel Clark, City Clerk
FROM: Eileen Gomez, Real Property Specialist
Development Services DepartmentlReal Property Section
SUBJECT: Resolution Ordering the Vacation of Juniper Drive, northerly of Willow Drive, and a
portion of Willow Drive, easterly of Juniper Drive.
DATE: June 3, 2002
COPIES: Sandra Medina, Admin. Operations Supv. II, File No. 15.30-365
A Resolution Ordering the Vacation of a portion of Juniper Drive, northerly of Willow Drive, and a
portion of Willow Drive, easterly of Juniper Drive, is on the June 3, 2002 Council Agenda. As stated in
the Resolution, certain conditions must be met by the petitioner prior to filing with the County Recorder.
If approved, please do not file with the County Recorder, but rather forward a certified copy of the
Resolution to this office. Once the conditions have been fulfilled, we will file the Resolution with the
Recorder's office.
Ple~e conta~~xtensio, n 5328lif y, ou;a:Vl;:.-a:tI')i""questions on this matter.
'CJ',C7:~ //
Eileen Gomez, Real Property ~~
Development Services DepartmentlReal Property Section
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): /; - 3- D <,;2
Vote: Ayes /, d $~ f( Nays
.
Item # .)6"
if
Abstain
Change to motion to amend original documents:
Reso. # On Attachments:
/
Contract term:
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: i 0 - ~ - 0 d
Date of Mayor's Signature: G -in' ()?-
Date ofClerklCDC Signature: lJ, -~ - ()~
Date Memo/Letter Sen or Signature:
60 Day Reminder Letter Sent on
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
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 Perso.nnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distribu/ to:
City Attorney
Parks & Rec. .
Code Compliance
Dev. Services
/
Water
Public Services
Police
Notes:
Resolution #
,!;iOOZ2 - jt>5
Absent .5/ 'f
-€r
NullNoid After: ---
By: {::. C,OmE'Z.
Reso. Log Updated:
Seal Impressed:
/
./
Date Returned: ~
YesL
Yes
Yes
Yes
Yes
No
By_
By_
By_
By_
By_
NO=r=
No
No
No
EDA
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: /lTI
Date: (,-'1-0:;1-
Revised 01/12/01