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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 a portion
of University Parkway, northeasterly of
Kendall Drive.
Dept: Development Services
Date: April 17, 2001
Synopsis of Previous Council Action:
File No. 15.30-355
MCC Date: 05-07-2001
02-05-200 I - Authorization was given to proceed with the vacation of a portion of University
Parkway, northeasterly of Kendall Drive and Plan No. 10210 was approved.
04-02-2001- Resolution ofIntention No. 2001-66 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 a portion of University Parkway,
northeasterly of Kendall Drive is no longer necessary for public street purposes, be
adopted.
AND
2. Adopt Resolution
~p~
.. James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 5
FUNDING REQUIREMENTS: Amount: $1,000.00 (paid by petitioner)
Source: (Aeet. No.) 001-000-4780
(Aect. Description) Vacation Processing Fee
Finance: a~L~i/#4
/
Council Notes:
Agenda Item No.
JlfiliJ
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing (10:00 am) and Resolution Ordering the Vacation of a portion of University
Parkway, northeasterly of Kendall Drive.
BACKGROUND:
A petition to vacate a portion of the westerly side of University Parkway, north of Kendall Drive
was submitted to this office by the adjacent property owner, University Commons, LLC.
University Commons purchased this property from the City in May 2000, and is planning a
commercial retail development for this site. The owners would like to use the area requested to
be vacated for additional landscaping and on site parking. There is an existing strip of
landscaping within the area proposed for vacation that is maintained by an assessment district,
which will be relocated upon development of this site to accommodate the installation ofa
sidewalk. The petitioner has paid the $1,000 processing fee. 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 100 feet. The City's standard for a major arterial street
with a median, such as University Parkway, is a half width of60 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.
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 be
reserved in the Resolution Ordering Vacation.
On April 2, 2001, Resolution ofIntention No. 2001-67 was adopted setting a public hearing for
May 7, 2001. The Resolution was published in the San Bernardino County Sun, notices were
posted along the portions of streets to be vacated and mailed to affected property owners.
There appears to be no further necessity for street purposes for the proposed vacation area and
vacation is recommended 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.
2. A finding of consistency with the General Plan was made.
3. There have been no objections by the public to the proposed vacation.
r
Staff Report- continued
4. 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
5. The vacation is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Class I, 15301(c).
The City acquired this right of way in fee, rather than just a road easement and will retain
ownership of the area after vacation. The petitioner has indicated that he would like to either
lease or purchase the property ifthe vacation is approved. Upon completion of the vacation
proceedings, staff can initiate a lease or sale of the property at that time. If the property were
valued over $25,000, the sale would be subject to the public bidding process. Although the
property would most likely only be of use to the adjacent owner, the petitioner mayor may not
necessarily be the successful bidder. Approval ofthe development was conditioned upon the
developer obtaining use of this area either by purchase or lease. A recent appraisal of similar
surplus right of way indicated a value of$1.00 per square foot. The vacated area consists of
approximately 43,160 square feet, thus would be valued around $43,160, however an appraisal
would need to be obtained to determine the actual fair market value.
An alternative to selling the property would be to lease the property to the petitioner. The
property is proposed to be used by the petitioner for parking purposes. In a similar situation, the
City is leasing a vacated portion of South W atennan Avenue, at Caroline Street, for parking use
by the adjacent development.
Upon approval of the vacation, staff will meet with the developer and present a proposal for
consideration at a future date.
FINANCIAL IMPACT:
None. The petitioner has paid the $1,000 processing fee.
RECOMMENDATION:
That the hearing be closed, Finding of Fact be adopted and Resolution Ordering Vacation be
approved.
"
Portion of University Parkway
to be vacated
No Scale
5th St.
Mill St.
.. ,
.
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.:
!;: 3>Q' - 3_t;;
Date: 5 - f -0/
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Thursday, April 12, 2001
Page 1 of2
CITY YEAR Avg. Bldg AvgLot Avg Sales Avg cost per
BUILT Sq.FL Size Price SqFt
RiaIto
1995 1.762 8,563 $139,386 $79
1996 1,737 8,458 $138,651 $80
1997 1,944 8,748 $149,081 $77
San Bernardino
1995 1,492 15,359 $118,531 $79
1996 1,557 12,633 $134,987 $87
1997 1,785 9,514 $155,295 $87
1998 1,515 8,065 $137,285 $91
Upland
1995 2,481 12,868 $285,250 $115
1996 2,636 12,572 $262,300 $99
1997 3,384 11,777 $388,426 $115
1998 2,790 10,069 $356,667 $128
Thursday, Aprll12, ]001
Page].f]
.
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2
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~ (Q) ~~Sil
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF UNIVERSITY PARKWAY NORTHEASTERLY OF
4 KENDALL DRIVE AND RESERVING EASEMENTS THEREIN.
5 BE IT RESOLVED BY TIlE 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 Bernardino,
8 having heard the evidence offered in relation to the proposed vacation of those certain portions of
9
University Parkway, northeasterly of Kendall Drive, described in Resolution of Intention No.
10
200 I -66, hereby find from all of the evidence submitted that such portion of said street proposed
11
12 to be vacated by said Resolution is unnecessary for present and prospective street purposes.
13 SECTION 2. That the Mayor and Common Council of said City do hereby find and
.
14 determine that the vacation of a portion of University Parkway, northeasterly of Kendall Drive,
15
is exempt from the requirements of the California Environmental Quality Act to pursuant to
16
Class I, 15301(c) and the Director of Development Services is hereby directed to file a Notice of
17
18 Exemption with the Clerk of the San Bernardino County Board of Supervisors.
19 SECTION 3. The Mayor and Common Council of said City do hereby vacate
20 that certain portion of University Parkway, northeasterly of Kendall Drive, more fully
21
22
23
24 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
escribed in Exhibit "A" attached hereto and made a part hereof, and also described in
said Resolution ofIntention No. 2001-66.
.
25 asements for public utility purposes belonging either to the City of San Bernardi~o or to any
26 ubIic utility and there is hereby specifically reserved for Southern California Edison, its
27
uccessors, heirs and assigns, an easement over the area proposed to be vacated, including the
28
4/17/01
i. Jf~
'-:5/1/6/
.
.
.
RESOLUTION ORDERING VACATION OF A PORTIONS OF UNIVERSITY PARKWAY
1 NORTHEASTERLY OF KENDALL DRIVE.
2
3 right at any time to construct, place, operate, inspect, maintain, repair, replace and remove any
4 overhead or underground electrical transmission and/or distribution structure consisting of wires,
5 cables, conduits, poles, pole anchors and guy wires, manholes markers and necessary fixtures and
6
7
8
appurtenances, and said easement shall include rights of ingress and egress thereto; and there is
hereby specifically reserved for Southern California Gas Company, its successors, heirs and
9 assigns, an easement over the area proposed to be vacated, including the right at any time to
10 construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the
11
transportation of natural gas, including the right of ingress and egress thereto.
12
13
SECTION S. The City Clerk of said City is hereby directed and authorized to file a
certified copy of this Resolution with the San Bernardino County Recorder's office.
14
15 III
16 III
17 III
18
19
20
21
22
23
24
25
26
27
28
4/17/01
2
.
.
RESOLUTION ORDERING VACATION OF A PORTIONS OF UNIVERSITY PARKWAY
1 NORTHEASTERLY OF KENDALL DRIVE.
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
meeting
5 thereof held on the
6
vote, to wit:
The foregoing resolution is hereby approved this
20
21
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23
24
7
8
9
10
11
12
13
14
15
16
17
18
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day of
,20
, by the following
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_"
JUDITH V ALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
25
26
. 27
28
3
.
.
.
EXHIBIT "A"
THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED IN THE NORTHWEST ONE
QUARTER OF SECTION 17, TOWNSHIP 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 A DISTANCE OF 23.01 FEET TO A POINT THAT MEASURES 100.00
FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY
PARKWAY;
THENCE NORTH 58 DEGREES 47 MINUTES 55 SECONDS EAST PARALLEL TO SAID
CENTERLINE OF UNIVERSITY PARKWAY, A DISTANCE OF 354.16 FEET TO THE BEGINNING
OF A 3900.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, 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 NORTHWESTERLY 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 I, BLOCK 3, OF THE WIGGINS TRACT AS RECORDED IN
BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA;
.
THENCE NORm 89 DEGREES 58 MINUTES \6 SECONDS EAST ALONG SAID NORm LINE OF
SAID LOT \ A DISTANCE OF 53.95 FEET, TO A POINT mAT MEASURES 65.00 FEET
. NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF UNIVERSITY PARKWAY;
THENCE SOUTH 49 DEGREES 3\ MINUTES 36 SECONDS WEST PARALLEL TO THE
CENTERLINE OF UNIVERSITY P ARKW A Y A DISTANCE OF 293.\2 FEET TO THE BEGINNING
OF A 3025.\6 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, lHROUGH A CENTRAL ANGLE OF 0\
DEGREES 09 MINUTES \9 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 5\ SECONDS EAST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, lHROUGH A CENTRAL ANGLE OF 06
DEGREES II MINUTES \2 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 3\ SECONDS WEST A DISTANCE OF 36.59 FEET TO
THE NORTHERLY RIGHT OF WAY OF KENDALL DRIVE;
THENCE NORm 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG THE NORTHERLY
RIGHT OF WAY OF SAID KENDALL DRIVE A DISTANCE OF 2.1 \ 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
Vote:
Ayes
I-l
Nays
~
Abstain
..e-
2ffi\-9 \
Absent -e-
Meeting Date (Date Adopted): 6-'-0,
Item #
~z
Resolution #
Change to motion to amend original documents:
Reso. # On Attachments:
-
Contract term: -
NnllNoid After: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
By: Ell FA.../ c,oIY\ E 2.
Date Sent to Mayor: S -<1!::--D\
Date of Mayor's Signature: 5 -'ls-()/
Date ofClerklCDC Signature: S 4-0 I
Reso. Log Updated: V'"
Seal Impressed: .,/'
Date MemolLetter t for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
Date Returned: -
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;/ By
No ,/ By
No y' /By
No Z By
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services ~
Police Public Services Water
EDA
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.)
Ready to File: 1)")0(""
Date: ~ -I Cl --0 I
Revised 01/12/01