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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director Subject: Public Hearing (10:00 am) and
Resolution Ordering the Vacation of portions of
Dept: Development Services Gannett Parkway, northeasterly of Hallmark
Parkway and portions of Mc Arthur Boulevard,
Date: April 17, 2001 northwesterly of Gannett Parkway.
File No.15.30-359
Synopsis of Previous Council Action: MCC Date: 05-07-2001
02-20-2001 - Authorization to proceed with the proposed vacation of portions of Gannett
Parkway, northeasterly of Hallmark Parkway and portions ofMc Arthur Boulevard,
northwesterly of Gannett Parkway was given and Plan No. 10225 was approved
04-02-2001 - Resolution ofIntention No. 2001-67 was adopted, setting a public hearing relative
to the proposed vacation.
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 portions of Gannett Parkway, northeasterly of Hallmark
Parkway and portions of Mc Arthur Boulevard, northwesterly of Gannett Parkway are no longer
necessary for public street purposes, be adopted.
AND
2. Adopt Resolution
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Map, Res.
Ward:
FUNDING REQUIREMENTS:
Amount: $1000.00 (Paid by Petitioner)
Source: (Acct. No.) 001-000-4780-0000.;
(Ar.r.t nF!!':r.riptinn) Street Vacation Processing Fees
Finance~j$7:/~
Council Notes:
Agenda Item No. ~
. 5/7/01
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing (10:00 am) and Resolution Ordering the Vacation of portions of Gannett
Parkway, northeasterly of Hallmark Parkway and portions of Mc Arthur Boulevard,
northwesterly of Gannett Parkway.
BACKGROUND:
A request was received by this office, to vacate a portion of Gannett Parkway (formerly
Campeau Drive), northerly of Hallmark Parkway, and a portion ofMc Arthur Boulevard,
westerly of Gannett Parkway. The request came from a representative of a proposed Wal-Mart
store to be constructed at this site. Presently, Wal-Mart is in escrow on the two parcels westerly
and easterly of Gannett Parkway. The general location of this proposed vacation is shown on the
Vicinity Map attached as Exhibit "1", and details are shown on Plan No. 10225, attached as
Exhibit "2". The applicant has paid the required $1,000 processing fee.
On February 20, 2001, staff was authorized to proceed with the proposed vacation. City
departments and utilities were notified of the proposal for comments, conflicts or reservation of
easements. To eliminate conflicts indicated by the City Traffic Division and the City Fire
Department, Wal-Mart will dedicate a 30 foot easement for emergency vehicle access from
Hallmark Parkway to the terminus ofMc Arthur Boulevard. The proposed easement is shown on
Exhibit "3". The recording of the Resolution Ordering Vacation will be deferred until the
easement is dedicated. Additionally, we have received requests for the reservation of easements
from City Water Department, Southern California Edison, and Southern California Gas
Company. All requested easements will be reserved as required by law.
On April 2, 2001, Resolution of Intention No. 2001-67 was adopted, setting a public hearing for
May 7, 2001. The Resolution was published in the San Bernardino County Sun, notices posted
along the portions of streets to be vacated and mailed notices were given to affected property
owners.
All effected parcels along Mc Arthur Boulevard are owned by the same property owner with the
exception of one. This property owner, however, also owns an adjoining parcel that has access
from Hallmark Parkway.
It is anticipated that the future development of industrial property along Mc Arthur Boulevard
will be properly designed to provide for adequate onsite truck turn around associated with the
delivery or pick up of goods. Additionally, a turnaround for standard vehicles will be provided
at the terminus ofMc Arthur Boulevard.
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:
1. The Director of Development Services has determined that the area of the proposed
vacation is of no further necessity to the general public.
Staff Report - continued
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners and all adjoining
property is under one ownership.
4. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted. Easements will be reserved for
utilities as set forth in the Resolution Ordering Vacation.
FINANCIAL IMPACT:
u,.
None. The applicant has paid the $1,000 processing fee.
RECOMMENDATION:
That the hearing be closed, Finding of Fact be adopted and Resolution Ordering Vacation be
approved.
..,
Location of
proposed vacation
No Scole
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of portions of
Gannett Parkway. northerly of Hallmark
Parkway and portions of Mc Arthur
Boulevard. westerly of Gannett Parkway
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
;reated by: J", f2~AJji
Date: 2/t ~/ "I
EXHIBIT "1"
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1
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF PORTIONS OF GANNETT PARKWAY NORTHEASTERLY OF
4 HALLMARK PARKWAY AND MC ARTHUR BOULEVARD, NORTHWESTERLY OF
5 GANNETT PARKWAY AND RESERVING EASEMENTS THEREIN.
RESOLUTION NO.
.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7
8
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
9 having heard the evidence offered in relation to the proposed vacation of those certain portions of
Gannett Parkway, northeasterly of Hallmark Parkway and Mc Arthur Boulevard, northwesterly
10
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. 27 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
28 asernents for public utility purposes belonging either to the City of San Bernardino or to any
'1LO.$/
4/16/01 .sf 1/01
of Gannett Parkway, described in Resolution of Intention No. 2001-67, hereby find from all of
the evidence submitted that such portion of said streets proposed to be vacated by said
Resolution is unnecessary for present and prospective street purposes.
.
SECTION 2. The Mayor and Common Council of said City do hereby vacate those
certain portions of Gannett Parkway, northeasterly of Hallmark Parkway and Mc Arthur
Boulevard, northwesterly of Gannett Parkway, more fully described as follows:
That portion of Gannett Parkway (formerly Campeau Drive), 60 feet wide, lying
between the northeasterly line of Hallmark Parkway, and its northeasterly
terminus with Mc Arthur Boulevard, and a portion of said Mc Arthur
Boulevard, 60 feet wide, lying northwesterly of said Gannett Parkway and
southeasterly of the northeasterly prolongation of the northwesterly line of Parcel
11, Parcel Map No. 5902, as per plat thereof recorded in Book 64 of Parcel Maps,
pages 30 through 32, records of the County Recorder of San Bernardino County,
State of California, and as amended by a Certificate of Correction recorded on
January 7,1982 as Instrument No. 82-004190, Official Records of said County, as
said streets are delineated on said Parcel Map No. 5902 and said Certificate of
Correction.
Iso described in said Resolution ofIntention No. 2001-67.
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RESOLUTION ORDERING VACATION OF CERTAIN
1 NORTHEASTERLY OF HALLMARK PARKWAY
NORTHWESTERLY OF GANNETT PARKWAY
PORTIONS OF GANNETT PARKWAY
AND MC ARTHUR BOULEVARD,
2
3 public utility and there is hereby specifically reserved for the City of San Bernardino, its
4 successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities over the
5
area proposed to be vacated, including the right at any time to construct, maintain, operate,
6
replace and renew said sewer or appurtenances including the right of ingress and egress thereto;
7
and there is hereby specifically reserved for the City of San Bernardino Municipal Water
8
9 Department, its successors, heirs and assigns, an easement for water utility purposes over the area
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proposed to be vacated, including the right at any time to construct, maintain, operate, replace
and renew one or more pipelines or appurtenances for the transportation of water and related
12
incidental purposes, including the right of ingress and egress thereto; and there is hereby
13
specifically reserved for Southern California Edison, its successors, heirs and assigns, an
14
15 easement over the area proposed to be vacated, including the right at any time to construct, place,
16 operate, inspect, maintain, repair, replace and remove any overhead or underground electrical
17 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
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anchors and guy wires, manholes markers and necessary fixtures and appurtenances, and said
easement shall include rights of ingress and egress thereto; and there is hereby specifically
eserved for Southern California Gas Company, its successors, heirs and assigns, an easement
over the area proposed to be vacated, including the right at any time to construct, maintain,
perate, replace and renew one or more pipelines or appurtenances for the transportation of
25
atural gas, including the right of ingress and egress thereto.
SECTION 4. This vacation of said streets as set forth herein, shall not take effect until
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28 hall be deferred until the petitioner for the vacation of said streets has met certain conditions, as
is Resolution is filed with the San Bernardino County Recorder's Office, and such recording
4/16/01
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RESOLUTION ORDERING VACATION OF CERTAIN
NORTHEASTERLY OF HALLMARK PARKWAY
1 NORmWESTERLY OF GANNETT PARKWAY
2
3 set forth by the Director of Development Services, which shall include, but not be limited to the
4 granting of an easement for emergency vehicle access from said Hallmark Parkway to said Mc
PORTIONS OF GANNETT PARKWAY
AND MC ARTHUR BOULEVARD,
5 Arthur Boulevard across said petitioners property, at which time the City Clerk is hereby directed
6
and authorized to file a certified copy of this Resolution with the San Bernardino County
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Recorder's office.
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4/16/0 1
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RESOLUTION ORDERING VACATION OF CERTAIN PORTIONS OF GANNETT PARKWAY
1 NORTHEASTERLY OF HALLMARK PARKWAY AND MC ARTHUR BOULEVARD,
NORTHWESTERLY OF GANNETT PARKWAY
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(n)
5 meeting thereof held on the
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day of
,20_, by the
following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
;,1
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_,
JUDITH V ALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
AMES F. PENMAN
26 ity Attorney
. 27 y: ~ 'l-, ~
28 ()
4/16/0 I
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5 -,-G' Item # ~ \
Vote: Ayes 1-1 Nays.G-
Change to motion to amend original documents:
Resolution # '20:::> \ - q 0
Abstain ~ Absent..e-
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: ~-~-() \
Date of Mayor's Signature: ~ -'i-o I
Date of ClerklCDC Signature: 5--9 -u I
Date Memo/Letter en 0
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See 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 Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,,/
Parks & Rec.
Code Compliance
Dev. Services ./'"
Public Services
Police
Water
Notes:
NullNoid After: -
By: (:] ~ C-('\ri'l9
Reso. Log Updated: ,,/'
Seal Impressed: V'"
Date Returned: -
Yes ./ No By
Yes No-L By
Yes No ,/ By
Yes NOZ By
Yes No By
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: ~
Date: 5 -10 -0\
Revised 01112101