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HomeMy WebLinkAbout10-Development Services . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director OR" , I" . I , · L . 1IV1lh~ Dept: Development Services Subject: Resolution of Intention - Proposed Vacation of a Portion of University Parkway, North of Kendall Drive. Date: March 9, 2001 Synopsis of Previous Council Action: File No. 15.30-355 MCC Date: 04-02-2001 02-05-2001 - Authorization was given to proceed with the vacation of a portion of University Parkway, northeasterly of Kendall Drive and Plan No. 10210 was approved. Recommended Motion: ADOPT RESOLUTION -~!!::!- Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Plan Phone: 5026 Ward: 5 FUNDING REQUIREMENTS: Amount: $1,000.00 (Processing Fee) Source: (Acct. No.) 001-000-4780 (Acct. Description) Vacation Processing Fee Finance:~~~ Council Notes: Agenda Item No. ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention - Proposed Vacation of a Portion of University Parkway, North of Kendall Drive. BACKGROUND: A petition to vacate a portion of the westerly side of University Parkway, north of Kendall Drive was subrnitted to this office by the adjacent property owner, University Conunons, LLC. University Conunons purchased this property from the City in May, 2000, and is planning a conunercial retail development for this site. They would like to use the area requested to be vacated for additional on site parking. There is an existing strip oflandscaping within the area proposed for vacation, that is maintained by an assessment district, which will be relocated upon development of this site to acconunodate the installation of a sidewalk. The petitioner has paid $500, which is the first-half of the processing fees. The remaining fees will be due and payable prior to the completion of the proceedings. A vicinity map is attached as Exhibit I, and a detail map of the area to be vacated is attached as Exhibit'''2''. University Parkway has a half-width of I 00 feet. The City's standards for a major arterial street with a median, such as University Parkway, is a half width of 60 feet. Thus, the additional 40 feet could be determined as excess right of way. This vacation would not affect any existing improvements and the right of way remaining would still adhere to City standards. The City acquired this right of way in fee, rather than just an easement and will still retain ownership of the area even after vacation. The petitioner has indicated that he would like to either lease or purchase the property if the vacation is approved. Upon completion of the vacation proceedings and approval by the Mayor and Council, staff can initiate a lease or sale of the property at that time. On February 5, 2001, staff was authorized to proceed with the proposed vacation. City departments and utility companies were notified of the proposed vacation and asked to respond with any conflicts or reservation of easements. Although no conflicts were noted, Southern California Edison did request a reservation of an easement for existing facilities, which will have to be reserved. The attached Resolution sets a public hearing for May 7,2001, at which time the Resolution Ordering Vacation will be submitted for your action. FINANCIAL IMPACT: None. The petitioner has paid $500, which represents the first half of the processing fee and will pay the remainder prior to the conclusion of the proceedings. RECOMMENDATION: Adopt Resolution. Portion of University Parkway to be vacated No Scole ~ Ii < D D ~ ~ . ~ u ... u D . iii 5th St. Mill St. Ii < U D C D U U D. Oran e Show Rd. ~ .. , . o VICINITY MAP EXHIBIT 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed vacation of a portion of the Northwesterly side of Univesity Parkway, Northeasterly of Kendall Drive ~ indicates un-incorporated areas ~ within Cit 's S here of Influence File No.: ,'j:3d- 35 Date: ~.-I-o; '" , .~~ ' "'" cF) ~,~ \~ ,(" -~ , "6".. ":) J' \ "'-v ~~ -r~ ~~ ~ v '\. , '" , ... I ..J ... ... o -' ..: o a.. cn~ (P~~ ~~ to . ~ . ~..a ~ '~ '~. ~ (Y C'l ... o -' ..: o a.. -c Q) ..... CO () CO > Q) .0 .8 CO ~ <( \... Mv~ N ~l L ~ ':>as aU!l lsaM ~ + .!l! I~ ~ iflJ~Sj CD . d N c:U')C")~ ~C;; N :;,.:;,....O~"'Mrn f'o-"" ....... It) M C>> lrir--:~NU)Nc..; (") LO ..... ("I) 0 Ll) ... €~8~ i:: C>> . Ld CDN-N.... -,COCO '" 8 ::l . .- 0 ""al ;}..., ~8 01)0 ~~ :=:=:=:=:=ww ~~~:;;~~~ -!l - NNNNf.,..;"'iio ~ C")OOMOMU') o 0 0 0 000 1! l588l5lill~lill e zzzzenzz .. c ::::i .. :a ~ -Is e- ll) ~c ::0 U . . . 0'" N ... ... ... ~fB:: . . . '" ... co 000 :S~~:!;~~~ ~33 , \ .~ ... ~ If' ., '''J. '" "~ '" .M ~ 0'" a.. 0 -' . ~ 000 ZW -0 0_ ~~ ZW n::oo WI- [DZ ZW <(~ ooe.. u...0 Om >-> I-W 00 ~ W<( I3: I-~ lJ..a::w 0<(> 0... a:: z>-o o -I--.J I-Vl-.J a::a::<( Owo o...>z <(zw ::::>~ lJ.. 0lJ..lJ.. 00 6w~ -0"" 1--...... <(VlW u>-~ <(-.J<( >a::w OWI wI-I- VlVla:: oWo o...3:z oi!= a:: a:: 0...0 z LO LO 0 ('I) cia .. I Z"'" '0 z~ 1-..... 0('1) ZN wO Z. :5~ w.,... wLO J: ..J T"" a.. en LL ~ ~ ~ , " ,) " .. f'- .. ,.. i .....CD ,,~ - .... " '" c c ... c VI VI 1- ~ o ...... .:-> "u. ""C Vi i\ ~-~~-. . . . 1 ~(Q)[5)W RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A PORTION OF UNIVERSITY P ARKW A Y NORTHEASTERLY OF KENDALL DRIVE AND RESERVING CERTAIN 4 EASEMENTS THEREIN. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San 8 Bernardino hereby declares its intention to order the vacation of a portion of University 11 12 hereto and made a part hereof. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 13 vacating the above described portion of said street, elects to proceed under and in accordance 14 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 15 being Division 9, Part 3, of the Streets and Highways Code of the State of California. 16 SECTION 3. That the hour of 10:00 a.m., on May 7, 2001, in the Council Chambers of 17 18 City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when 19 and where all persons interested in or objecting to the proposed vacation may appear before the 20 said Mayor and Common Council and offer evidence in relation thereto. For further particulars 21 as to the proposed vacation, reference is made to that map marked "Plan No. 10210", approved 22 on 2/05/2001, a copy of which is on file in the office ofthe City Clerk of said City. 23 24 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 25 easements for public utility purposes belonging either to the City of San Bernardino or to any 26 public utility and there is hereby specifically reserved for Southern California Edison, its 27 successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair, 28 ~.IO 112-- (0 I 03/28/0 I . . . RESOLUTION OF INTENTION - VACATION OF A PORTION OF UNIVERSITY PARKWAY, 1 NORTHWESTERLY OF KENDALL DRIVE. 2 replace and remove any overhead or underground electrical transmission and/or distribution 3 4 structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manholes, 5 markers and necessary fixtures and appurtenances and said easement shall include rights of 6 ingress and egress. 7 SECTION S. That the City Engineer of the City of San Bernardino is hereby directed to 8 cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and 9 10 Service Easements Vacation Law." SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of 11 12 Intention and shall cause the same to be published once a week for two successive weeks in The 13 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date 14 set forth for the public hearing. 15 16 17 /II /I 18 /II 19 20 21 22 23 24 25 26 27 28 3/28/0 I 2 . . . RESOLUTION OF INTENTION - VACATION OF A PORTION OF UNIVERSITY PARKWAY, 1 NORTHWESTERLY OF KENDALL DRIVE. 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 Common Council of the City of San Bernardino at a meeting thereof 4 5 held on the 6 wit: 7 day of ,20 , by the following vote, to Council Members: A YES 8 9 ESTRADA 10 LIEN 11 MCGINNIS NA YES ABSTAIN ABSENT 12 13 14 SUAREZ SCHNETZ 15 ANDERSON 16 MCCAMMACK 17 18 19 20 The foregoing resolution is hereby approved this 21 22 23 24 City Clerk day of ,20_, JUDITH V ALLES, Mayor City of San Bernardino pproved as to form d legal content: 25 26 27 28 y: \;a>>v~ ( ,J --; r. /e..",,1--l/.., 3/28/0 I 3 , . . . . EXHIBIT "A" THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED IN THE NORlHWEST ONE QUARTER OF SECTION 17, TOWNSlDP 1 NORTH, RANGE 4 WEST, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS; THAT PORTION OF BLOCK 3, OF THE WIGGINS TRACT, AS SHOWN BY MAP ON FILE IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND UNIVERSITY PARKWAY; THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG SAID CENTERLINE OF KENDALL DRIVE, A DISTANCE OF 35.74 FEET, TO ITS INTERSECTION WITH THE WEST LINE OF SAID SECTION 17; THENCE NORTH 00 DEGREES 02 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 57.44 FEET TO THE NORTHERLY RIGHT OF WAY OF KENDALL DRIVE BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID SECTION 17, NORTH 00 DEGREES 02 MINUTES 35 SECONDS WEST ADISTANCEOF23.01 FEET TO A POINT THAT MEASURES 100.00 FEET NORlHWESTERL Y AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NORTH 58 DEGREES 47 MINUTES 55 SECONDS EAST PARALLEL TO SAID CENTERLINE OF UNIVERSITY P ARKW A Y, A DISTANCE OF 354.16 FEET TO THE BEGINNING OF A 3900.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORlHWEST, A RADIAL TO SAID BEGINNING BEARS SOUTH 31 DEGREES 13 MINUTES 38 SECONDS EAST; THENCE NORTHEASTERLY. ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09 DEGREES 15 MINUTES 10 SECONDS AN ARC DISTANCE OF 629.82 FEET, A RADIAL TO SAID POINT BEARS SOUTH 40 DEGREES 28 MINUTES 48 SECONDS EAST, SAID POINT BEING 100.00 FEET NORlHWESTERL Y AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NON-TANGENT TO SAID CURVE, NORTH 49 DEGREES 31 MINUTES 36 SECONDS EAST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY A DISTANCE OF 102.33 FEET TO THE NORTH LINE OF LOT 1, BLOCK 3, OF THE WIGGINS TRACT AS RECORDED IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; " .' - . . . . THENCE NORTH 89 DEGREES 58 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE OF SAID LOT 1 A DISTANCE OF 53.95 FEET, TO A POINT THAT MEASURES 65.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE SOUTH 49 DEGREES 31 MINUTES 36 SECONDS WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY P ARKW A Y A DISTANCE OF 293.12 FEET TO THE BEGINNING OF A 3025.16 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01 DEGREES 09 MINUTES 19 SECONDS AN ARC DISTANCE OF 61.00 FEET, TO THE BEGINNING OF A 3940.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, A RADIAL TO SAID BEGINNING BEARS SOUTH 37 DEGREES 24 MINUTES 51 SECONDS EAST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06 DEGREES 11 MINUTES 12 SECONDS AN ARC DISTANCE OF 425.43 FEET, SAID POINT BEING 60.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY; THENCE NON-TANGENT TO SAID CURVE, SOUTH 58 DEGREES 47 MINUTES 55 SECONDS WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY, A DISTANCE OF 333.48 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 31 SECONDS WEST A DISTANCE OF 36.59 FEET TO THE NORTHERLY RIGHT OF WAY OF KENDALL DRIVE; THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG THE NORTHERLY RIGHT OF WAY OF SAID KENDALL DRIVE A DISTANCE OF 2.11 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.9909 ACRES. C2 DENNIS H. DILLMAN, PLS 5424 . . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): -4-2-0 \ Item # \0 Resolution # Vote: Ayes \- '1 Nays e- Abstain -e Change to motion to amend original documents: LOC) \ -b<o Absent T"r Reso. # On Attachments: ~ Contract term: NulVVoid After: Note on Resolution of Attachment stored separately: _ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date: _ See Attached: -= Date Sent to Mayor: ~- 3-0\ Date of Mayor's Signature: .1\- 3-0\ Date ofClerklCDC Signature: .q.4 -(J\ Reso. Log Updated: Seal Impressed: y"'" v Date Memo/Le Si nature: See Attached: See Attached: Attached: Date Returned: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Yes ",/ Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By No -.L- By No -.L By No ~ By No L By Copies Distributed to: City Attorney .,/ Parks & Rec. Code Compliance Dev. Services / EDA Police Public Services Water Finance MIS Others: 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.l Ready to File: ~ Date: 4-t\-o \