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HomeMy WebLinkAbout17-Development Services e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . e From: Valerie C. Ross, Director Subject: Resolution ofIntention: Vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue. Dept: Development Services Date: June 5, 2007 File No.15.30-392 MCC Date: July 2, 2007 Synopsis of Previous Council Action: 5/21/2007 - Authorization was given to proceed with the proposed vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue; Plan No. 12171 showing the proposed vacation, was approved. Recommended Motion: Adopt Resolution ~t,~. Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: $2,000.00 (Processing fee paid by petitioner) Source: Acct # 001-000-4780 Account Description: Street Vacation Fees Finance: Council Notes: Agenda Item No. /7 7/~07 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention: Vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue. BACKGROUND: On March 27, 2007, an application was received from Eli Wendell on behalf of Hopkins Real Estate Group, requesting the vacation of an east-west alley, northerly of Little League Drive and east of Magnolia A venue. Hopkins Real Estate Group has requested the vacation of this east- west alley relative to a development project (Verdemont Town Center) that is proposed to be built on property adjacent to the alley. The alley is located on parcel number 0261-181-11 which is owned by the developer of the proposed commercial project. The alley is unimproved and is not being used for public access. Plan No. 12171 showing the details of the proposed vacation is shown on the attached plan. On May 7, 2007, authorization to proceed with the proposed vacation was given and Plan No. 12171 was approved. City departments, utility companies and other govemment entities were notified of the proposal and were given the opportunity to submit easement reservations and any comments or conflicts. Several responses were received and all were favorable of the vacation. There were requests to reserve an easement from Southern California Edison and Charter Communications and temporary easements will be reserved for the above public utilities as required by law, which will stay in affect until the utilities are either abandoned or relocated. The attached Resolution of Intention sets a public hearing for Monday, August 6, 2007. Upon approval, the Resolution will be published in the Sun, and this portion of the alley posted. At the Public Hearing, a Resolution Ordering Vacation will be submitted for action. FINANCIAL IMPACT: None. The applicant has paid the total amount of $2,000.00 for the completion of the vacation proceedings. RECOMMENDATION: Adopt Resolution. Proposed Alley Vacation Highland Ave. Base Line 51. iii ~ ~ .!l! en 5th 51. 9thSt ~ Rialto Ave. Orange how Rd. ~ " o c ~ 1!l 0. ;:: Mill 51. ., . o VICINITY MAP No Scale CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA AVE. ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Jeanne' Fitzpatrick Date: 04/11/07 ,~ \. ~~ o I 60 120 I I 240 I Nwl Y R/W LINE CHESTNUT AVE. 60' 3D' 30'1- (IN FEET) 1 inch = 120 ft. - - - PORTION BLOCK 71 PLA T OF THE TOWN OF IRVINGTON AND THE LAND OF IRVINGTON LAND & WATER CO. M.B. 3/9 I- ::;) W Z::;) I- Z Vlw w> ::c< u rl Nn Y R /W LINE OF ALLEY PER TRACT NO. 3167 M.B. 42/59 ______ L / - ~I ,., in r '" .., Z It - - - -... _. .-!J8.()()'.... J ,. - fo/48"22'5' rREEw,A v S42'41'04-U _ _ 2"W .\ '1/ (RAO) - ~ KENDAll' DRIVE N57"J5'30.W 289.16' _\ ~ -- (ORIGINAL ALIGNMENT) - I I P.O.B. Nn Y COR. I LOT 1 I , DRIVE \ - - - Nn Y LINE OF DEED TO THE CITY OF SAN BERNARDINO REC. 04/18/72, PER . 7911/578 O.R. 1 1i) UJ I . . .., "'0 " N .... l" .... N Z (BASIS OF BEARINGS) - N5915'30.W 1109.25' 275 i ~ z ;; . . BASIS OF BEARINGS: CURVE Cl ARC LENGTH 219.94' LEGEND: ,! j J j , ;; i J ~ THE CENTERLINE OF KENDALL DRIVE BEING SOUTH 5915'30. EAST PER TRACT NO. 3167 M.B. 42/59. LINE L1 LINE TABLE BEARING LENGTH N46'36'39.W 91.34' P.O.a. - POINT OF BEGINNING CIL - CENTERLINE R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS ~ - AREA OF VACATION CITY OF SAN BERNARDINO VELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Prepared by: Jeanne'marie Fitzpatrick Dale: 4/1112007 City En9ineer PLAN NO.: ~ rtJl''fI.IJY 12171 Dale: foil:: I ~7 j FILE NO.: 15.30-392 Ji Checked by: 1 OF 1 ALLEY VACATION PROPOSED VACATION OF AN EIW ALLEY NORTHERLY OF LITTLE LEAGUE DR AND EAST OF MAGNOLIA AVE L""'"'~ TAIT & ASSOCIATES INC. Engineering. Surveying. Environmental 701 PARKCemER DRIVE, SANTA ANA, CALIFORNIA 92705 TEL. (714) 560-8200 ;; ~ e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF MAGNOLIA A VENUE. 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 hereby declares its intention to order the vacation of an east-west alley, northerly of Little League Drive and east of Magnolia A venue as depicted on the attached map marked as Exhibit "A" and described herein as follows: That portion of the 20-foot wide alley, as per Tract No. 3167, in the City of San Bernardino, County of San Bernardino, State of California, as shown on a map filed in Book 42 Page 59 of Maps, adjoining Lots I through 8, inclusive, of said Tract Map, Official Records of the office of the County Recorder of said County, more particularly described as follows: Beginning at the intersection of the northwesterly right-of-way line of Chestnut Avenue (60.00 feet in width) and the southwesterly right-of-way line of said alley, said intersection also being the northeasterly comer of said Lot I; Thence, along said southwesterly right-of-way line of alley, said southwesterly line also being the northeasterly lines of said Lots I through 8, North 59015' 30" West, a distance of712.23 feet to its intersection with the northeasterly line of that certain easement (Little League Drive) granted to the City of San Bernardino, Recorded April 18. 1972 in Book 7911 Page 578 Official Records of said County; Thence, along said northeasterly line, North 460 36' 39" West, a distance of 91.34 feet to its intersection with the northeasterly right-of-way line of said alley: Thence, along said northeasterly right-of-way line, South 590 15' 30" East, a distance of 800.38 feet to its intersection with said northwesterly right-of-way line of Chestnut Avenue; Thence, along said northwesterly right-of-way line, South 27057' 15" West, a distance of20.02 feet to the Point of Beginning. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portion of said alley, elects to proceed under and in accordance 25 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 26 being Division 9, Part 3, of the Streets and Highways Code of the State of California. 27 28 SECTION 3. That the hour of 4:30 p.m., on Monday, August 6, 2007, in the Council Chambers of City Hall. 300 North "D" Street, San Bernardino, California, is fixed as the time 06/28/07 Y/.'D. II- l/Z/0!- e e 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e and place when and where all persons interested in or objecting to the proposed vacation may appear before the said Mayor and Common Council and offer evidence in relation thereto. For further partIculars as to the proposed vacation, reference is made to that map marked "Plan No. 12171", approved by the Mayor and Common Council on 5/7/2007, a copy of which is on file in the office of the City Clerk 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 Southern California Edison, its successors. heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Charter Communications, its 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 easement shall includes rights of ingress and egress. The temporary easements set forth herein shall terminate upon relocation or abandonment of the affected utilities. SECTIOJII S. That the Director of Development Services of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and Service Easements Vacation Law" 06/28/07 2 e 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 e 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF 2 MAGNOLIA A VENUE. 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 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing. III 6/05/07 3 e e e 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF AN EAST-WEST ALLEY, NORTHERLY OF LITTLE LEAGUE DRIVE AND EAST OF 2 MAGNOLIA AVENUE. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 7 8 9 10 11 12 13 14 15 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 NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON 16 17 18 19 20 21 The foregoing resolution IS hereby approved this 20 22 23 MCCAMMACK City Clerk day of 24 Approved as to form: 25 26 PATRICK J. MORRIS. Mayor City of San Bernardino .fi ,., 27 l MES F. PE 28 CJlY Attorney j 06/05/07 4 \ \ o I 60 I 120 I 240 I NWL Y R/W LINE CHESTNUT AVE. 60' 30' I- 30'1- ::::) w Z::::) f-Z tnw w> rl :I:<( U g ~I .., in (IN FEET) 1 inch = 120 ft. PORTION BLOCK 71 PLA T OF THE TOWN OF IRVINGTON AND THE LAND OF IR~NGTON LAND & WATER CO. M.B. 3/9 NE'L Y R/W LINE OF ALLEY PER TRACT NO. 3167 M.B. 42/59 .~ ~ ~ ~ ~ ~ I i \ ;., I P.O.B. " NE'L Y COR. cri " I LOT 1 N I on "', . , '" I ~ 0 ;... N '" DRIVt ;.... N ~ Z ~ ______ L I ~ NE'L Y LINE OF DEED TO THE CITY OF SAN BERNARDINO REC. 04/18/72, PER 7911 /578 O.R. It ~ ~ ~ .- 88.00' , F - - - N48"22'5;.. RttWA Y S42'41'04"'ij- ~ ~ 2 II' ,\ (RAD) ~ - - N57'35'30"W 2' ::2 ~ KENDALL DRIVE 89.16 -\ .' (ORIGINAL ALIGNMENT) ~. (BASIS OF BEARINGS) - N59i5'30"W 1109.25' 215 BASIS OF BEARINGS: CURVE ARC LENGTH C1 219.94' LEGEND: THE CENTERLINE OF KENDALL DRIVE BEING SOUTH 59'15'30" EAST PER TRACT NO. 3167 MB. 42/59. LINE TABLE LINE 8EARING LENGTH L1 N46'36'39"W 91.34' P.O.B. - POINT OF BEGINNING C/L - CENTERLINE R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS ~ - AREA OF VACA~ON CITY OF SAN BERNARDINO EVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Approved by: Prepared by: Jeanne'marie Fitzpatrick Date: 411112007 Checked by: Date: City Engineer PLAN NO.: 12171 FILE NO.: 15.30-392 ALLEY VACATION 4o...7JIrt~ TAIT & ASSOCIATES INC. Engineering. Surveying. Environmental 701 PARKCENTER DRIVE, SANTA ANA. CALIFORNIA 92705 TEL. (714) 560-8200 1 OF 1 PROPOSED VACATION OF AN EiW ALLEY NORTHERLY OF LITTLE LEAGUE DR AND EAST OF MAGNOLIA AVE EXHIBIT "A"