Loading...
HomeMy WebLinkAbout11-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director 0 C .~ p. ~ t ill... I I ~ ri L Dept: Development Services . Subject: Resolution of Intention - Proposed Vacation of portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad. Date: August 20, 2002 Synopsis of Previous Council Action: File No. 15.30-361 MCC Date: 09-09-2002 07-15-02 - Authorization to proceed was given, and Plan No. 10421 was approved. 04-15-02 - Authorization to proceed and plan approval - matter was tabled. Recommended Motion: Adopt resolution. ~,../# t:.7 f 1f James Funk Contact person: EILEEN GOMEZ Phone: 5328 Supporting data attached: StaffReport!Maps/Resox Ward: 3 FUNDING REQUIREMENTS: Amount: $1,000 (processing fee to be paid by applicant) Source: (Acct. No.) 001-000-4780-0000 (Acct. Description) Vacation Processing Fees Finance: Council Notes: '""R ~ i:!c;:kO d - .;1'1 ~ Agenda Item No. --1/ / ? 9/0 L CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention - Proposed Vacation of portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad. BACKGROUND: On December 11, 2001, a request was received by this office, to vacate a portion of the east side of the Waterman Avenue frontage road, south of Caroline Street, north of the Union Pacific Railroad. The request came from a representative for The Rock Church & World Outreach Center (The Rock). This strip of land to be vacated also includes a slope area, which the City currently owns in fee. Representatives from The Rock have indicated that they desire to lease the vacated area for a period of fifty (50) years for a lease amount of$I.00 per year. In exchange, they will assume the cost of installation and continuous maintenance of the landscaped and parking areas that will consist of groundcover and irrigation. On July 15,2002, authorization to proceed was given; and Plan No. 10421 was approved. City Departments, utility companies, and all adjacent or affected property owners were mailed notification of the proposal, and were given the opportunity to submit comments on any conflicts or to reserve easements. All responses received were favorable. The City Water Department, Pacific Bell, Southern California Edison and The Gas Company submitted requests to reserve easements for their existing facilities, which will be reserved in the Resolution ofIntention and the Resolution Ordering Vacation. The reservation of these easements will not affect The Rock's proposed use of this area for parking and landscaping. Currently, representatives for The Rock and Mr. Robert Jennings, are negotiating a settlement regarding the access issue to the back of his property across the proposed vacated area and The Rock property. Mr. Jennings, owner of Bob's Automotive which is located on the east one-half of Lot 46 as shown on the attached plan, uses the back of his property abutting The Rock's property, to move cars in and out. In order for Mr. Jennings to be able to have access across the proposed vacated area and The Rock's property, The Rock must grant him an access easement. In the event The Rock and Mr. Jennings can not reach an agreement regarding the access issue, the area marked as Parcel A on the attached map will be vacated, and Parcel B will not be included in the final vacation proceedings. The attached Resolution ofIntention sets a public hearing for October 7,2002. Upon approval, the Resolution will be published in The San Bernardino County Sun, the street will be posted and adjacent and affected property owners will be given notification of the public hearing. At the public hearing, a Resolution Ordering Vacation will be submitted for your action. FINANCIAL IMPACT: None. Applicant has paid the $1,000 processing fee. RECOMMENDATION: Adopt resolution. (/-:::;, ,"f;~f~; No Scale 5th St. Mill St. .. o c o u .. Q. Oron e Show Rd. ~ ., . o Location of proposed vacation VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed vacation of a portion of Waterman Avenue, South of Caroline Street. ~ indicates un-incorporated areas ~ within Cit 's 5 here of Influence Created by: /., ~A.S: Date: ~/z. 0'- N 19- 00' 00. E I.or NI9-.rOO.E 8P -..' ""'" TPOB Pan:elA PM:fII8 N 0.- 40' 55- E 171.52' PARCEL"B" W ::J Z W ~ Varies z ~ a: w ~ j- 35....., I~ I'" € o PARCEL "A" -{JNION_ CAROLINE-STREET - Por. I r-Ci No.5. rae' N . 2170 .8.31; 9 4 4 4 4 C3 POC S89'4TOO'W 1.19' Curve Data L 0 31.42' 90-00'00" 123.33' 16'19'12" 109.95' 16'19'11" 127.04' 16'19'11" 106.24' 16'19'12" Approximate location of "Toe of Slope" R C1 20.00' C2 433.00' C 386.00' C 446.00' C 373.00' Area afLandscaping 130' Line Data L L1 58.81' N 89' 47' 00" E L2 195.00' N 00' 00' 00" L3 66.71' S 00' 13' 00" W N89'4TOO'E 35.00' Proposed Rock Church PACIFIC - RAllROAa - IlIW NSO'OO'OO'W --__ 132.01' - - -- - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION PROPOSED VACATION OF A PORTION OF THE EAST SIDE OF WATERMAN AVENUE, SOUTH OF CAROLINE STREET L~~'V CITY ENGINEER Prepared by: ,~If>,~ fr~( Checked by: I. Ii:. . (f,,, . - Date: O? / OBI 2002 Sheet \ r;.e. ~ PLAN NO.: 10421 FILE NO. : 15.30-361 af AREA OF VACATION SHOWN AS W/ ~~ ,. c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 24 ~r:o/~.. ~\f? I " '.' l \::J UU f RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF WATERMAN A VENUE FRONTAGE ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD. 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 portions of Waterman A venue frontage road, south of Caroline Street, north of Union Pacific Railroad, as more fully described in Exhibit "A" attached hereto. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portions of said streets, elects to proceed under and in accordance with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 4:00p.m.. on Monday, October 7. 2002, in the Council Chambers of City Hall, 300 North "D" Street. San Bernardino, California. is fixed as the time 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. 1 0421". approved on July 15, 2002, a copy of which is on file in the office of the City Clerk of said City. . -' 25 /II 26 C 27 28 q/q/Od. 08/16/02 ~\\ c c c RESOLUTION OF INTENTION - VACATION OF PORTIONS OF WATERMAN A VENUE FRONTAGE 1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (plan No. 10421) 2 3 4 5 6 7 8 9 10 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 '~y public utility and there is hereby specifically reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, an easement for water utility purposes over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of water and related incidental purposes, and said easement 11 shall include the right of ingress and egress thereto; and there is hereby specifically reserved for 12 13 Pacific Bell, its successors, heirs and assigns, an easement to construct, place, operate, inspect, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, an 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 right of ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its successors, heirs and assigns, an easement over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of natural gas, including the right of ingress and egress thereto. III 08/16/02 2 1_,,-- -- l"""" C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c RESOLUTION OF INTENTION - VACATION OF PORTIONS OF WATERMAN A VENUE FRONTAGE 1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (Plan No. 10421) 2 3 4 SECTION 5. That the City Engineer 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 5 Service Easements Vacation Law." 6 7 8 9 10 11 12 13 14 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 San Bernardino County Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing. //1 . . 08116/02 3 c c c RESOLUTION OF INTENTION - VACATION OF PORTIONS OF WATERMAN A VENUE FRONTAGE 1 ROAD, SOUTH OF CAROLINE STREET, NORTH OF UNION PACIFIC RAILROAD (plan No. 10421) 2 3 4 5 held on the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 The foregoing resolution is hereby approved this 20 21 22 23 Approved as to form 24 and legal content: 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Cornmon Council of the City of San Bernardino at a meeting thereof day of , 20 , by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk day of ,20_, JUDITH VALLES, Mayor City of San Bernardino JAMES F. PENMAN City Attorney r (; By: \k./l.,.,../) t. ./ C/~ () .' 08/16/02 4 - (~ 2. Along said South Line South 89047'00" West 1.19 feet to a point on a non- tangent curve, concave easterly, having a radius of 386.00 feet, a radial line to said point bears South 89047'00" West, 3. Northerly along said curve through a central angle of 16019'11 ", a length of 109.95 feet to a reverse curve concave westerly, having a radius of 433.00 feet, 4. Northerly along said reverse curve, through a central angle of 16019'12", a length of 123.33 feet, 5. South 0013'00" East 46.71 feet to a tangent curve, concave southeasterly, having a radius of 20.00 feet, 6. Northeasterly along said curve, through a central angle of 90000'00", a length of 31.42 feet to said southerly line of Caroline Street and the true point of beginning. c c 3 . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): q -9 - 0 l- Vote: Ayes \ - '1 Nays Item #_1 I ~ Resolution # Zooz.. - lqZ Absent --A- Abstain 4).- Change to motion to amend original documents: - Reso. # On Attachments: r Contract term: - Note on Resolution of Attachment stored separately:-=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NullNoid After: - By: fY\. ,At LofL Date Sent to Mayor: 9 -I \-02-- Date of Mayor's Signature: '1-I,;l-();;l C Date ofClerk/CDC Signature: t-13-0';> Reso. Log Updated: V Seal Impressed: v' Da~mo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: Date Returned: - 3"".... .A tt~H.:hed: 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): YesL No By Yes No-L By Yes No --.L. By Yes No / By Yes No/ By Copies Distributed to: City Attorney Parks & Rec. ,/ Code Compliance Dev. Services ~ EDA Finance MIS Police Public Services Water 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: (YIf Date:q-()-oJ.. Rev ised 0111210 I