HomeMy WebLinkAbout15-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Approval of Plan No. 12257, Plan
No. 12322 and Resolution Ordering
Dept: Development Services Vacation— Summary vacation of a portion
of the northerly side of Campus Parkway,
Date: October 25, 2007 west of Northpark Boulevard and a portion
of Northpark Boulevard, south of Campus
Parkway.
File No. 15.30-393 MCC Date: November 5, 2007
Synopsis of Previous Council Action:
02/06/1967—Approved Resolution No. 8534 authorizing the execution and acceptance of an
Agreement and Grant of Easement with the State of California for a portion of Northpark
Circle Drive (now Northpark Boulevard), west of State College Parkway.
Recommended Motion:
1. That Plan No. 12257 showing the proposed vacation of a portion of the northerly side of
Campus Parkway west of Northpark Boulevard and Plan No. 12322 showing the
proposed vacation of a portion of Northpark Boulevard, south of Campus Parkway, be
approved.
AND
2. Adopt Resolution. II��
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report, Application, Maps Ward: 5
and Resolution.
FUNDING REQUIREMENTS: Amount: $1,000.00 (Processing fee paid by petitioner)
Source: Acct# 001-000-4780
Account Description: Summary Vacation Fees
Finance:
Council Notes: a�o --Ieo
I
Agenda Item No. IS
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Approval of Plan No. 12257, Plan No. 12322 and Resolution Ordering Vacation—Summary
vacation of a portion of the northerly side of Campus Parkway, west of Northpark Boulevard and
a portion of Northpark Boulevard, south of Campus Parkway.
BACKGROUND:
On June 5, 2007, an application was received from James R. Watson on behalf of University
Park, LLC, requesting the vacation of a portion of the northerly side of Campus Parkway west of
Northpark Boulevard. University Park, LLC, dedicated the right-of-way for Campus Parkway in
2003 by the recordation of Parcel Map No. 16307, and inadvertently conveyed a strip of land in
excess of the needed right-of-way. The strip of excess right-of-way is between the flood control
channel and Campus Parkway west of Northpark Boulevard measuring approximately 40 feet
wide by 800 feet long. This strip of land is not needed for present or future roadway purposes.
Attached is a copy of Plan No. 12257 showing the proposed area to be vacated.
On June 20, 2007, all City departments and utility companies were notified by a mailed notice to
determine if any conflicts exist with the proposed vacation of Campus Parkway or if any
easements needed to be reserved, and no conflicts were noted. There was a request for the
reservation of an easement by the City of San Bernardino Municipal Water Department, and will
be reserved as required by law.
Pursuant to Section 8334 of the Streets and Highways Code, the legislative body of a local
agency may summarily vacate a public street if it is determined to be excess right-of-way of a
street or highway not required for street or highway purposes, as this portion of Campus Parkway
meets this requirement.
On January 20, 1967, the State of California granted an easement to the City of San Bernardino
for the purpose of extending Northpark Boulevard across the Flood Control Channel at its
northerly terminus. With the development of the University Park, LLC property, adjacent to
Northpark Boulevard, a portion of the street improvements for Northpark Boulevard were built
outside of the easement area granted to the City.
The City will need to summarily vacate the existing easement for Northpark Boulevard, and is
included with this proposal. The State of California will grant the City an easement over the new
alignment. The resolution vacating Northpark Boulevard will not be recorded with the County
Recorder until the easement from the State has been executed and sent to the City for acceptance.
Attached is a copy of Plan No. 12322 showing the Proposed area to be vacated as well as a
vicinity map showing the general location of both of the proposed vacations.
On September 18, 2007, all City departments and utility companies were notified by a mailed
notice to determine if any conflicts exist with the proposed vacation of Northpark Boulevard or if
any easements needed to be reserved. No conflicts were noted and no easements were requested.
Pursuant to Section 8333 of the Streets and Highways Code, the legislative body of a local
agency may summarily vacate a public street if the easement has been superseded by relocation
and there are no other public facilities located within the easement, as this portion of Northpark
Boulevard meets this requirement.
FINANCIAL IMPACT:
None. The applicant has paid the total amount of$1,000 for the completion of the summary
vacation proceedings, for that portion of Campus Parkway.
RECOMMENDATION:
Staff recommends that Plan No. 12257 showing the vacation of a portion of Campus Parkway
and Plan No. 12322 showing the vacation of a portion of Northpark Boulevard be approved, and
the Resolution Ordering the Summary Vacation of this portion of Campus Parkway and this
portion of Northpark Boulevard be adopted.
APPLICATION FOR STREET / ALLEY / EASEMENT VACATION
To: City of San Bernardino
Development Services Department, Real Property Section
300 N. "D" Street — 3`d Floor , San Bernardino, CA 92418
(909)384-5111
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the
following street / alley / easement located in the City of San Bernardino pursuant to Section 8300 et seq. of
the State of California Streets and Highways Code: (Name the street or describe the location of the alley or
easement and portion requested for vacation along with a plat map delineating the area)
Campus Parkway excess land near Northpark Boulevard: Attached is a legal description and a PDF plat
showing the property we are requesting to be returned to University Park, LLC.
The vacation is requested for the following reason(s):
University Park LLC dedicated the right-of-way for Campus in 2003 by the recording of Parcel Map No.
16307; and also inadvertently conveyed a strip of land in excess of the needed right-of-way. A strip of
excess right-of-way between the flood control basin and Campus Parkway near Northpark Boulevard
measuring approximately 40' wide by 800' long was inadvertently dedicated to the City along with the right-
of —way necessary for Campus Parkway. This strip of land was not needed for roadway purposes. This
strip of land is on the same side of Campus Parkway as our 22 unit project known as The Colony.
I understand that a total non-refundable fee of $ 2,000.00 shall be paid by me as a cost of the
i
proceedings, one-half of which $ 1,000.00 is hereby enclosed. The remainder of $ 1,000.00 shall be due
and payable after the investigative proceedings are complete and prior to the commencement of the legal
proceedings. For a summary vacation, the fee is $1,000.00, all due at time of application. I further
understand that said fees are NOT payment for any real property or improvements thereon, but for the
costs of the vacation proceedings ONLY and that the City of San Bernardino does NOT determine
underlying ownership of the area to be vacated nor does it guarantee title to any property involved and
I have been advised to consult a title company to determine such ownership.
I understand that at the conclusion of the investigative proceedings, the City will notify me of its
findings including and conflicts with City facilities now located in the area proposed to be vacated, or the
request by any utility company for the reservation of any existing easements and that such conflicts or
reservations may affect the intended use of the proposed area, once vacated, and that I may elect to terminate
or continue the proceedings. If I elect to continue, the remaining unpaid fees shall be paid by me prior to the
continuance of said proceedings.
I understand that the requested vacation is subject to the approval of the Mayor and Common Council
of the City of San Bernardino and that there is no guarantee that such approval will be made.
S a James R. Watson
Date Print Name )gnature
562-430-0503 101 Main Street Suite A Seal Beach CA 90740
Tel. No. Address - City, State, Zip
PLEASE NOTE.
The City requests that at least 90% of the adjoining property owners(not tenants)indicate interest in the
proposed vacation. Please ha all interested parties complete and sign this petition prior to submitting to
t/:e City.Attach additional sheets as necessary.
Proposed Summary
Street Vacation Area
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CITY OF SAN BERNARDINO SUMMARY VACATION OF A PORTION OF THE
DEVELOPMENT SERVICES DEPARTMENT NORTHERLY SIDE OF CAMPUS PARKWAY, WEST
SanBernar ino REAL PROPERTY SECTION OF NORTHPARK BOULEVARD, AND A PORTION
OF NORTHPARK BOULEVARD, SOUTH OF
Indicates un-incorporated areas within City's CAMPUS PARKWAY.
® Sphere of Influence Created by: Ryan Sandoval Date: 10/09/07
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CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF NORTHPARK
DEVELOPMENT SERVICES DEPARTMENT BOULEVARD SOUTH OF CAMPUS PARKWAY.
San iu REAL PROPERTY SECTION
Prepared by: Ryan Sandoval Date: 9/13/07 Legend:
Checked by: Laszlo Fogassy Date: 9/14/07 ® =AREA TO BE VACATED
PLAN NO.: 12322 FILE NO.: 15.30-393 ® = NEW ALIGNMENT
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Rachel Clark, City Clerk
FROM: Ryan Sandoval, Real Property Specialist
Development Services Department/Real Property Section
SUBJECT: Summary vacation of a portion of the northerly side of Campus Parkway, west
of Northpark Boulevard and a portion of Northpark Boulevard, south of
Campus Parkway.
DATE: November 6, 2007
COPIES: Sandra Medina, Asst. to the City Clerk; Margaret Fedor, Deputy City Clerk; Linda
Sutherland, Deputy City Clerk
File No. 15.30-393
On November 5, 2007, a Resolution ordering the summary vacation of a portion of the northerly
side of Campus Parkway, west of Northpark Boulevard and a portion of Northpark Boulevard,
south of Campus Parkway will be on the Council agenda. It was requested that the resolution be
filed in the Office of the County Recorder. However,please do not record the resolution and
send a certified copy of the approved resolution to Real Property Division. If you have any
questions, please call me at ext. 5226.
Ryan Sandoval
Real Property Specialist
Development Services/Real Property Section
C \Opy
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 SUMMARY VACATION OF A PORTION OF THE NORTHERLY SIDE OF CAMPUS
PARKWAY, WEST OF NORTHPARK BOULEVARD AND A PORTION OF
4 NORTHPARK BOULEVARD, SOUTH OF CAMPUS PARKWAY.
5 WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to
6
summarily vacate a portion of the northerly side of Campus Parkway, west of Northpark
7
8 Boulevard and a portion of Northpark Boulevard, south of Campus Parkway, in the City of San
9 Bernardino, without notice and hearing; and
10 WHEREAS, the two areas proposed to be vacated are more fully described as follows:
11 1. THAT PORTION OF CAMPUS PARKWAY IN THE CITY AND COUNTY OF SAN
12 BERNARDINO, STATE OF CALIFORNIA; BEING A PORTION OF PARCEL 2 OF
PARCEL MAP NO. 16307 RECORDED IN BOOK 200, PAGES 70 THROUGH 76 OF
13 PARCEL MAPS, IN RECORDS OF SAID COUNTY, AND FURTHER DESCRIBED AS
FOLLOWS:
14
15 Commencing at 1" I.P. with tag "San Bernardino City Surveyor" for G.E. Sherer Cor. No. 14
per C.S. 1780 & RS 21/98;
16
Thence N 00'27' 54" W a distance of 27.35' to a point on the Centerline of Campus
17 Parkway as shown on Parcel Map No. 16307;
18 Thence N 00°27' 54" W a distance of 58.49' to the True Point Of Beginning;
19
Thence S 68° 14' 47" W a distance of 389.65' along a line offset 54.50' northwesterly from
20 and parallel to said centerline of Campus Parkway;
21 Thence along a curve of radius 1,795.50' and length 210.40' concave northerly said curve
22 being offset 54.50' northerly of and concentric with said Centerline of Campus Parkway;
23 Thence S 74° 57' 37" W a Distance of 176.51' along a line offset 54.50' from and parallel to
said centerline of Campus Parkway to a Point of Intersection with the northwesterly line of
24 Parcel 2 as shown on Parcel Map No. 16307;
25 Thence N 67°22' 22" E a distance of 206.18' along the northwesterly line of Parcel 2 as
26 shown on Parcel Map No. 16307;
27 Thence N 68°07' 04" E a distance of 583.30' along said northerly line of said Parcel 2;
28 Thence S 00°27' 54" E a distance of 40.14' to the True Point of Beginning.
1 nmam7 ,
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
1 PORTION OF THE NORTHERLY SIDE OF CAMPUS PARKWAY,WEST OF NORTHPARK
BOULEVARD AND A PORTION OF NORTHPARK BOULEVARD,SOUTH OF CAMPUS PARKWAY.
2
3 For further particulars as to the proposed vacation, see the map marked "Plan No. 12257",
4 approved concurrently on November 5, 2007 attached and incorporated herein as Exhibit "A";
5 and
6
2. That portion of Northpark Boulevard granted by easement to the City of San Bernardino from
7 the State of California per document recorded in Book 6784, Page 227, of official records, in
8 the San Bernardino County Recorder's Office and further described below:
9 THAT PORTION OF NORTHPARK BOULEVARD LYING IN SECTION 8, TOWNSHIP
1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IF SAID SECTION
10 LINES WERE EXTENDED ACROSS THE RANCHO MUSCUPIABE AS PER PLAT
11 THEREOF RECORDED IN BOOK 1 OF MAPS, PAGE 24, RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA,
12 DESCRIBED AS FOLLOWS:
13 Commencing at corner number 14, as delineated on the G. E. Shearer survey on file in the
County Surveyor's Office as file number 1780, said point being on the Easterly line of the
14 property conveyed to the City of San Bernardino as parcel number 1 in the Deed recorded
15 June 30, 1921 in Book 724, Page 8 of Deeds, records of said County;
16 Thence South 21' 48' 00" East along said Easterly line of said City of San Bernardino
property, a distance of 746.66 feet to the True Point of Beginning, said point being the
17 beginning of a curve, concave Easterly and having a radius of 294.61 feet;
18 Thence Northerly along the arc of said curve through a central angle of 57° 46' 45" a distance
19 of 297.10 feet to the beginning of a reverse curve, concave Westerly and having a radius of
414.61 feet;
20
Thence Northerly along the arc of said curve through a central angle of 57° 46' 45" a distance
21 of 418.11 feet;
22 Thence North 21° 48' 00" West, tangent to said curve, a distance of 48.27 feet to a point in
23 the Northerly boundary line of the property conveyed to the State of California by deed
recorded October 28, 1964 in Book 6260, page 712, Official Records of said County, said
24 Northerly boundary line at said point having a bearing of North 09° 18' 47" West(rec. North
25 08° 38' 47" West);
26 Thence South 09° 18' 47" East along said line to an angle point therein;
27 Thence South 67° 17' 52" West (rec. North 67° 59' 43" East) along said Northerly boundary
28 line, a distance of 49.99 feet to an angle point therein;
10/09/07 2
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
1 PORTION OF THE NORTHERLY SIDE OF CAMPUS PARKWAY,WEST OF NORTHPARK
BOULEVARD AND A PORTION OF NORTHPARK BOULEVARD,SOUTH OF CAMPUS PARKWAY.
2
3 Thence North 36° 00' 42" West (rec. South 350 21' 54" East) along said Northerly boundary
4 line, a distance of 142.58 feet;
5 Thence South 21° 48' 00" East a distance of 27.60 feet to the beginning of a tangent curve,
concave Westerly and having a radius of 294.61 feet;
6 Thence Southerly along the arc of said curve through a central angle of 57° 46' 45" a distance
of 297.10 feet to the beginning of a reverse curve, concave Easterly and having a radius of
7 414.61 feet;
8 Thence Southerly along the arc of said curve through a central angle of 57° 46' 45" a distance
9 of 418.11 feet;
10 Thence North 680 12' 00" East along the radial line of said curve, a distance of 120.00 feet to
11 the True Point of Beginning.
12 EXCEPTING therefrom any portion thereof lying Westerly of the Westerly line of said State
of California property.
13
14 For further particulars as to the proposed vacation, see the map marked "Plan No. 12322",
15 approved concurrently on November 5, 2007 attached and incorporated herein as Exhibit `B".
16
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
17 SAN BERNARDINO AS FOLLOWS:
18 SECTION 1. That the Mayor and Common Council of the City of San Bernardino elect
19
to proceed with the summary vacation as described above, under and in accordance with the
20
21 provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
22 Division 9, Part 3 of the Streets and Highways Code of the State of California.
23 SECTION 2. That pursuant to Section 8334 of said Streets and Highways Code, the
24 Mayor and Common Council do hereby find that said portion of Campus Parkway may be
25
summarily vacated, without notice and hearing, for the following reason: an excess right-of-way
26
27 of a street or highway not required for street or highway purposes.
28 SECTION 3. That pursuant to Section 8333 of said Streets and Highways Code, the
i ninnin� �
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
1 PORTION OF THE NORTHERLY SIDE OF CAMPUS PARKWAY,WEST OF NORTHPARK
BOULEVARD AND A PORTION OF NORTHPARK BOULEVARD,SOUTH OF CAMPUS PARKWAY.
2
3 Mayor and Common Council do hereby find that said portion of Northpark Boulevard may be
4 summarily vacated, without notice and hearing, for the following reason: the easement has been
5
superseded by relocation and there are no other public facilities located within the easement.
6
7 SECTION 4. It is hereby determined that the vacation of said streets is categorically
8 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
9 Class 1, Section 15301(c).
10 SECTION 5. Nothing in this Resolution shall in any way affect or disturb any existing
11 easements for public utility purposes belonging either to the City of San Bernardino or to any
12
public utility that existed prior to these vacation proceedings, and there is hereby specifically
13
14 reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and
15 assigns, an easement for water utility purposes over the entire area proposed to be vacated along
16 the portion of Campus Parkway, including the right at any time, or from time to time, to
17 construct, maintain, operate, repair, replace or renew one or more pipelines or appurtenances
18 thereto for the transportation of water or for the construction or maintenance of water wells and
19
20 related incidental purposes, including the right of ingress and egress thereto.
21 SECTION 6. The City Clerk is hereby directed and authorized to file a certified copy of
22 this Resolution with the County Recorder of San Bernardino County, and vacation shall not take
23 effect until such filing.
24
25
26
-.�- 27
28
10/()0/n7 n
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A
1 PORTION OF THE NORTHERLY SIDE OF CAMPUS PARKWAY,WEST OF NORTHPARK
BOULEVARD AND A PORTION OF NORTHPARK BOULEVARD,SOUTH OF CAMPUS 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 meeting thereof
5
held on the day of 20 , by the following vote, to
6
wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
11 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
15
JOHNSON
16
17 MCCAMMACK
18
19 City Clerk
20
21 The foregoing resolution is hereby approved this day of , 20
22
23 Approved as to form: PATRICK J. MORRIS, Mayor
24
25
26 IVIES F. PENMAN
City Attorney
27
28
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PAR. B Ci d-.p;�?6'i&" 56G.G0 69.44
CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF NORTHPARK
DEVELOPMENT SERVICES DEPARTMENT BOULEVARD SOUTH OF CAMPUS PARKWAY.
REAL PROPERTY SECTION
Prepared by: Ryan Sandoval Date: 9/13/07 Legend:
Checked by: Laszlo Fogassy Date: 9/14/07 ® =AREA TO BE VACATED
PLAN NO.: 12322 FILE NO.: 15.30-393 ® = NEW ALIGNMENT
CYL..IIRIT°Q"