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HomeMy WebLinkAbout20-Development Services I I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Dept: Development servOiceRs ,1'\ .. , ~ L Date: June 25, 2002 i ~ , I w,..t Subject:Plan Approval and Resolution- Summary vacation of an easement for the future extension of Indian Canyon Court. Synopsis of Previous Council Action: File No. 15.30-366 MCC Date: 07-15-2002 None. Recommended Motion: I. That Plan No. 10499, depicting the proposed summary vacation of the future extension of Indian Canyon Court, be approved. and 2. Adopt Resolution ~r~ James Funk Contact person: Eileen Gomez, Real Property Specialist Phone: 5328 Supporting data attached: StaffReport!Map/Res. Ward: 4 FUNDING REQUIREMENTS: Amount: $500 (Processing fee paid by applicant) Source: (Accl. No.) 001-000-4780 (Accl. Description) Street Vacation Fees Finance: Council Notes: 'i2.~o~ Me 2.32 Agenda Item No. :Jl) 71/5}D1- 'I If I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Plan Approval and Resolution - Summary vacation of an easement for the future extension of Indian Canyon Court. BACKGROUND: Recently, this office received a request from Marc Conway, residing at 3167 Indian Canyon Court, to vacate a 50-foot (50') wide road easement through his property. The easement was dedicated to the City for the future extension ofIndian Canyon Court when Tract No. 13470 was recorded, but remains unimproved. The land that abuts Mr. Conway's parcel is now part of the San Manuel Indian Reservation and has no future potential development. It has been determined that the easement is unnecessary for present or prospective public street purposes. At present, the easement area consists of a large ditch that remains unimproved. The removal of this easement would allow the property owner to invest in the improvement and maintenance of his property. This would also improve local property values and release the City of any liability Issues. Pursuant to Section 8331 of the Streets and Highways Code, a street may be summarily vacated, without notice and hearing, in the event that a street or highway has been impassable for general public vehicular travel and no public money was expended for maintenance on the street or highway during such period. The vacation of this easement is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section 15301(c). FINANCIAL IMPACT: Applicant has paid the $500 vacation fee. RECOMMENDATION: Adopt Resolution. '. :51,4~ 5!.S5 ..... 1 (0 '" c Q ~ .. " 2 6 0 ,'70 .. 5 G) ~ '70 ;. . 8 154-po::. 5 G) .. 0 ~ ~ @ 9 on II I \ ~ '\ sa".. "B io @ ~ 19 .. ~. . . @) ~ ~ s @ @ 59 58 CI"/.1" 1.1_ 75.''1 """" AI .Z @ ~ @ ~ ~ 7S 70 '00 <) '" '" \ <) .., on CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION REAL PROPERTY SECTION Approved by: ~d:Ju/:J~ ~A CITY t'NGINEER PROPOSED SUMMARY VACATION OF THE FUTURE EXTENSION OF INDIAN CANYON COURT. Prepared by: Dale: {,'~S-tl:J-- Checked by: jl/$#.# ,t;.","/ PLAN NO.: 10499 FILE NO.: 15.30-366 VACATION SHOWN THUS: ~ Dale: ~-'2rll z.... ~ 'f . . . , '11'1 1 ~00.A\:cf; \~~'LJj U RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 SUMMARY VACATION OF AN EASEMENT FOR THE FUTURE EXTENSION OF INDIAN CANYON COURT LOCATED ACROSS LOT 8, TRACT 13470, IN THE CITY 4 OF SAN BERNARDINO. 5 WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to WHEREAS, the easement proposed to be vacated is more fully described as follows: 9 10 11 12 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: That 50 foot easement for the future extension ofIndian Canyon Court, as said easement is delineated on the amended map of Tract No. 13470, as per map recorded in Book 233 of Maps, Pages 18, 19 and 20, records of the County Recorder of San Bernardino County, State of California. 15 16 17 to proceed with the summary vacation of that 50 foot easement as described above, under and in 18 19 SECTION 1. That the Mayor and Common Council of the City of San Bernardino elect 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 20 21 22 California. SECTION 2. That pursuant to Section 8331 of said Streets and Highways Code, the 23 Mayor and Common Council do hereby find that said easement may be summarily vacated, 07/12/02 1/15/LY)- . . f . '! II I RESOLUTION ORDERING SUMMARY V ACA TlON OF AN EASEMENT FOR FUTURE EXTENSION 1 OF INDIAN CANYON COURT LOCATED ACROSS LOT 8 OF TRACT 13470 (Plan No. 10499) 2 3 SECTION 3. It is hereby determined that the vacation of the easement is categorically 4 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to 5 Class I, Section 15301(c). 6 7 8 9 13470, as more fully described herein. 10 11 12 13 SECTION 4. The Mayor and Common Council of said City do hereby summarily vacate the easement for the extension ofIndian Canyon Court, located across Lot 8 of Tract SECTION 5. 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 that existed prior to these vacation proceedings. SECTION 6. The City Clerk is hereby authorized and directed to file, or cause to be 14 15 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County, 16 and shall not take effect until such filing. 17 / /I 18 19 20 21 22 23 24 25 26 . 27 28 . 06/26/02 2 " II I i' { . 1 RESOLUTION ORDERING SUMMARY V ACA TION OF AN EASEMENT FOR FUTURE EXTENSION OF INDIAN CANYON COURT LOCATED ACROSS LOT 8 OF TRACT 13470 (Plan No. 10499) 2 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 5 6 7 meeting thereof held on the day of ,20_, by the following vote, to wit: Council Members: A YES NAYS ABSTAIN ABSENT 8 9 ESTRADA 10 LIEN . 11 MCGINNIS 12 13 14 15 DERRY SUAREZ ANDERSON 16 MCCAMMACK 17 18 19 The foregoing resolution is hereby approved this 20 21 22 23 Approved as to form 24 and legal content: City Clerk day of ,20_ JUDITH V ALLES, Mayor City of San Bernardino . 25 JAMES F. PENMAN 26 City Attorney . /)..... ". / 27 By. (,,,,,,,. . ' / ;' 28 / / Ii f (, ".- ~ 06/26/02 3 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): '1-15-0;)... Item # {) 0 Resolution # /) C:()d- - d- 3;;;L Vote: Ayes \-'1 Nays..()- Abstain -G-- Absent -e- Change to motion to amend original documents: - Reso. # On Attachments: ~ Contract tenm: Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: '1- \ Go, - O.;}- Date of Mayor's Signature: f") - \ .,-0';) Date of Clerk/CDC Signature: f)-I') '() ;;r Date Memo/Letter Sent for Signature: .~ 60 Day Remmoel Ldk,[ ~\!'Rt nn lOth day: See Attached: See Attached: See Attached: 90 Day Reminder Letter Sent on 45th day: 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. NullNoid After: - By: ~. C;O/J1EZ- Reso. Log Updated: ,/' Seal Impressed: J/ Date Returned: Yes L No By Yes No ~ By Yes No.-L By Yes No ~ By Yes No/ B Code Compliance Dev. Services / EDA Finance Police Public Services Water Others: MIS Notes: 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: m.o( Date: f}- ( f( -0 g- Revised 0 II 12/0 I