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HomeMy WebLinkAbout21-Development Services (2) - ORiGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subjeet: Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive. Dept: Development Services Date: June 16,2009 File: 15.30-403 MCC Date: July 20, 2009 Synopsis of Previous Couneil Aetion: 04/06109 - Authorization was given to proceed with the proposed vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive; and Plan No. 12610 showing the proposed vacation, was approved. 06115109 - Resolution No. 2009-146 was adopted, declaring its intention to vacate a portion of Romo Road, north of Sixth Street, west of Del Rosa Drive, and setting a public hearing for July 20, 2009. 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 the portion of Romo Road, north of Sixth Street, west of Del Rosa Drive is no longer necessary for public street purposes, be adopted. AND 2. Adopt Resolution. ~ (/. RUt-- Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Reso Ward(s): FUNDING REQUIREMENTS: Amount: None Source: (Acc!. No.) NIA Council Notes: Aect. Description: N/A o Finance: yS 0 d-oO CJ -,,;;'7;j.. Agenda Item No. 2.1 1-2.0-0' CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive. BACKGROUND: On February 10,2009, an application was received from Samer Alzubaidi on behalf of the San Bernardino City Unified School District (SBCUSD), requesting the vacation ofRomo Road, north of Sixth Street, west of Del Rosa Drive. The City acquired this portion of Romo Road from SBCUSD as an easement for highway and road purposes in 1965, thus the City does not own any portion in fee. SBCUSD owns all the parcels directly adjacent to this portion of Romo Road and is planning to construct a new High School. Romo Road is 40 feet wide and was used for the benefit of the former Curtis Junior High School. Since SBCUSD plans to construct the new proposed Curtis High School over Romo Road, there will be no future need of Romo Road as public right-of-way. On April 6, 2009, authorization to proceed with the proposed vacation was given and Plan No. 12610 was approved. City departments, utility companies and other government entities were notified of the proposal and were given the opportunity to submit easement reservations and any comments or conflicts. Several responses were received and all were favorable of the vacation. There were no requests to reserve any utility easements from any of the notified utility companies. Staff has informed the owner that the City does not determine the underlying ownership of the area proposed to be vacated nor does it guarantee title to any property involved and they should consult a title company to determine the owner of the area to be vacated. On June 15,2009, Resolution No. 2009-146 was adopted declaring the City's intention to order the vacation ofa portion ofRomo Road, north of Sixth Street, west of Del Rosa Drive, and setting a public hearing for July 20, 2009. The Resolution was published in the Sun newspaper, and the streets posted. The applicant requesting the street vacation and all affected property owners in the area were notified of the public hearing. There appears to be no further necessity for the area proposed for vacation for street purposes, and staff recommends the vacation based on the following facts: 1. The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. 2. It does not conflict with the General Plan. 3. There have been no objections by any adjoining property owners. 2 4. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. 5. There were no requests to reserve easements from any of the utility companies notified. FINANCIAL IMPACT: None. The total amount of$2,000 has been paid by the applicant for the completion of the vacation proceedings. RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. A TT ACHMENTS: Vicinity Map Plan No. 12610 Resolution 3 ~ LOCA TION OF PROPOSED STREET VACATION . Highland Ave. cij [u " c ~ ~ .il 7U '" Base Line St. 5th St. Orange how Rd. ,; .'( . o c ~ :!. .l> >- MIIISt. .. . o K VICINITY MAP NTS .':f iii CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED VACATION OF ROMO ROAD, NORTH OF SIXTH STREET, WEST OF DEL ROSA DRIVE, IN THE CITY OF SAN BERNARDINO. ~ Indicates un-Incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 02/18/09 PTN. RANCHO SAN BERNARDINO M.B. 7/2 ."H: 0278-201-31 (SBCUSO PROPERTY) APN: 0278-201-.53 (SBCUSD PROPERTY) "" ... 51 1.1." .. " 5 <4 3 Ll ~ r VE ;, ;, ~ . "PH: 0218-201-1B ~ . (PETITIONER'S PROPERTY) . ~ LINE DATA . . LINE LENGTH BEARING <; <; ... ... L1 40.00 N 89'5917" W 0 ~~ ~ L2 59.98 S 8905917 E . z TPOB CI CITY OF SAN BE,RNARDINO PLAN NO. 12610 PUBLIC WORKS DIVISION REAL PROPERTY SECTION Sheef 1 of 1 Approved: ,// :--1\... Date: J//6/.. 7 PROPOSED VACATION OF ROMO ROAD, NORTH OF SIXTH STREET, WEST OF OEL ROSA DRIVE IN THE CITY OF SAN BERNARDINO, LEGEND: Area of vacation shown thus: ~ C,ryl~ Created by: Checked by: R an Sandoval Laszlo Fogassy Date: 02/18/2009 Date: City Limit Line shown thus: ----- File No, :15,30-403 c o. o RESOLUTION NO. CC(Q)~)f 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF ROMO ROAD, NORTH OF SIXTH STREET, WEST OF DEL ROSA DRIVE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION I. Proceeding under and in accordance with the "Public Streets, Highways, 7 and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway 8 Code, the Mayor and Common Council of the City of San Bernardino, having heard the evidence 9 10 offered in relation to the proposed vacation of Romo Road, north of Sixth Street, west of Del 11 Rosa Drive, described in Resolution ofIntention No. 2009-146, hereby find from all of the 12 evidence submitted that proper notice has been given and that such street proposed to be vacated 13 by this Resolution is unnecessary for present and prospective street purposes. 14 SECTION 2. The Mayor and Common Council of said City do hereby vacate that 15 portion of Romo Road, north of Sixth Street, west of Del Rosa Drive, more fully described as 16 follows: 17 18 19 That portion of Romo Road dedicated for highway and road purposes in the Easement recorded on June 16, 1965, in Book 6412, Page 627, Official records of the County of San Bernardino, State of California, further described as follows: 20 21 22 23 24 25 26 27 28 That portion of Lot 4, Block 51, Rancho San Bernardino, as per plat recorded in Book 7 of Maps, Page 2, records of the County of San Bernardino, State of California, described as follows: Commencing at the center line intersection of Tippecanoe Avenue and Sixth Street; thence South 890 59' 17" East along the center line of said Sixth Street a distance of 2208.26 feet; t1ience North 00 03' 0 I" East a distance of 41.25 feet to the TRUE POINT OF BEGINNING; thence continuing North 00 03' 01" East a distance of 894.36 feet; thence North 890 59' 17" West a distance of 40.00 feet; thence South 00 03' 01" West a distance of 874.38 feet to the beginning of a tangent curve; thence Southwesterly along said tangent curve, concave Northwesterly with a radius of 20.00 feet, through a central angle of 890 57' 42" and arc length of 31.40 feet to a point of tangency with the North line of said Sixth Street (82.50 feet wide); thence South 890 59' 17" East along said North line a distance of 59.98 feet to the TRUE POINT OF BEGINNING. 06/16/09 9-010 .:If;;z i I 1 0 2 3 4 5 6 7 8 9 10 11 o o RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA nON OF ROMO ROAD, NORTH OF SIXTH STREET, WEST OF DEL ROSA DRIVE. SECTION 3. 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 any public utility that existed prior to these vacation proceedings. SECTION 4. It is hereby determined that the vacation of said street is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section 15301(c). SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office. 12 /1/ 13 14 /1/ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 06/16/09 2 o o 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF ROMO ROAD, NORTH OF SIXTH STREET, WEST OF DEL ROSA DRIVE. ' 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 5 Common Council of the'City of San Bernardino at a 6 meeting thereof held on the day of , 20 , by the following vote, to ,- NAYS ABSTAIN ABSENT City Clerk 20 21 The foregoing resolution is hereby approved this day of ' ,20_" 22 23 24 Approved as to form: 25 PATRICK J. MORRIS, Mayor City of San Bernardino 26 JA~~ 27 Git) Att<ln.BY -S p"C"i" I CO"....s.C! I 28 6/16/09 3