HomeMy WebLinkAbout23- Development Services CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS, Director Subject: Public Hearing 10:00 a.m. and
Resolution Ordering Vacation--- a portion
Dept: Development Services of Lexington Way, Southwesterly of
O j j /( � Hallmark Parkway
Date: March 8, 2000 H
File No.15.30-352
Synopsis of Previous Council Action: MCC Date: 4-3-2000
12/20/99—Authorization to proceed with the proposed vacation of a portion of Lexington Way,
southwesterly of Hallmark Parkway was given and Plan No. 10054 was approved.
03/06/00 - Resolution of Intention No. 2000-43 was adopted, setting a public hearing.
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 Lexington Way,
Southwesterly of Hallmark Parkway is no longer necessary for public street purposes, be
adopted.
AND
2. Adopt Resolution.
Michael E. H s
Contact person: EILEEN OOMEZ Phone: 5328
Supporting data attached: Staff Report/Plan/Res. Ward: 6
FUNDING REQUIREMENTS: Amount: $1000.00 (Processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780
(Anct Description) Street Vacation Fees
Finance:
Council Notes:
Agenda Item No. 013
y/3 f 3'000
03/06/00 #1
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing for 10:00 a.m. and Resolution Ordering Vacation— a portion of Lexington Way,
Southwesterly of Hallmark Parkway.
BACKGROUND:
On November 22, 1999, this office received an application for the vacation of a portion of
Lexington Way, southwesterly of Hallmark Parkway. A developer representing the property
owner of the property located on the east side of Lexington Way, at its southerly terminus
submitted the request. The owner, Doane Processing Company, has acquired the property on the
west side of Lexington for expansion of the existing business, which is a pet food manufacturing
company. Since Lexington Way terminates at his property and his property is the only one that
would be directly affected by the vacation, the applicant felt that this portion of Lexington Way
would no longer be needed as a public right of way. Upon completion of the vacation process,
the applicant has agreed to construct and dedicate a new cul-de-sac just above the vacated area.
The area proposed for vacation and the proposed dedication is shown on the attached plan.
On December 20, 1999, staff was authorized to proceed with the proposed vacation and Plan No.
10054 was approved. City Departments, utility companies and all adjacent 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 developer is
corresponding with utility companies requiring easements in that area to coordinate a design for
the relocation of existing facilities. The existing utilities will be granted temporary easements in
the Resolution Ordering Vacation, which will be in effect pending the completion of the
relocation process. The City Water Department, Southern California Gas Company and
Southern California Edison submitted requests to reserve easements for their existing facilities,
which will be reserved temporarily in the Resolution Ordering Vacation.
On March 6, 2000,Resolution of Intention No. 2000-43 was adopted, setting a public hearing for
April 3, 2000. The Resolution was published in the San Bernardino County Sun Newspaper,
notices were posted and all adjacent and affected property owners were given notice by mail.
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 proposed vacation is of no
further necessity to the general public.
03/06/0041
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
a. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted. Temporary easements will be
reserved for utilities to be relocated in the Resolution Ordering Vacation.
FINANCIAL IMPACT:
None. The applicant has paid the second half of the $1,000 processing fee for the completion of
the legal proceedings.
RECOMMENDATION:
Staff recommends approval of the attached Resolution Ordering Vacation.
1
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03/06/00#1
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6, 4, W i CITY OF SAN BERNARDINO
Approved: 'City Engineer vote DEVELOPMENT SERVICES
Prepared by. G- Fa s.. Date: � i�/ PUBLIC WORKS DIVISION
Checked by Dater PROPOSED VACATION AND DEDICATION
PLAN NO. 10054 File No. : 15.30-3 OF A PORTION OF LEXINGTON WAY,
Sheet 1 of 1 Revised: SOUTHWESTERLY OF HALLMARK
PARKWAY
1 REQHPII'W
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF LEXINGTON WAY, SOUTHWESTERLY OF
4 HALLMARK PARKWAY AND RESERVING EASEMENTS FOR SANITARY SEWER,
5 WATERLINES AND UTILITIES.
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 that certain portion of
10 Lexington Way, southwesterly of Hallmark Parkway, described in Resolution of Intention No.
11 2000-43, hereby find from all of the evidence submitted that such portion of said street proposed
12 to be vacated b said Resolution is unnecessary for resent and prospective street
y arY P P P purposes.
13
14 SECTION 2. The Mayor and Common Council of said City do hereby vacate that
O
15 certain portion of Lexington Way, southwesterly of Hallmark Parkway, more frilly described as
16 follows:
17 All that portion of Lexington Way, 80 feet wide, as delineated on the map of
18 Parcel Map No. 4437, recorded in Book 43 of parcel maps, Pages 63 through 66
inclusive, records of the County Recorder of San Bernardino County, State of
19 California, lying southwesterly of the northwesterly prolongation of the north line
20 of Parcel 8 of said Parcel Map No. 4437.
21 Also described in Resolution of Intention No. 2000-43.
22 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
23 easements for public utility purposes belonging either to the City of San Bernardino or to any
24 public utility and there is hereby specifically reserved for the City of San Bernardino, its
25
26 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities
27 over the entire area proposed to be vacated, including the right at any time, or from time to time,
(�•/ 28 to construct, maintain,operate,replace and renew said sewer or appurtenances including the right
03/07/00 t
RESOLUTION ORDERING VACATION OF THAT CERTAIN PORTION OF LEXINGTON WAY,
1 SOUTHWESTERLY OF HALLMARK PARKWAY.
2
3 of ingress and egress thereto; and there is hereby specifically reserved for the City of San
4 Bernardino Municipal Water Department, its successors, heirs and assigns, a temporary easement
5 for water utility purposes over the entire area proposed to be vacated, including the right at any
6 time, or from time to time, to construct, maintain, operate, replace and renew one or more
7 pipelines or appurtenances for the transportation of water and related incidental purposes,
8
9 including the right of ingress and egress thereto; and there is hereby specifically reserved for
10 Southern California Edison, its successors, heirs and assigns, a temporary easement to construct,
11 place, operate, inspect, maintain, repair, replace and remove any overhead or underground
12 electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles,
13 pole anchors and guy wires, manholes markers and necessary fixtures and appurtenances, and
14
15 said easement shall include rights of ingress and egress thereto; and there is hereby specifically
16 reserved for Southern California Gas Company, its successors, heirs and assigns, a temporary
17 easement over the entire area proposed to be vacated, including the right at any time, or from
18 time to time, to construct, maintain, operate, replace and renew one or more pipelines or
19 appurtenances for the transportation of natural gas, including the right of ingress and egress
20
21 thereto. All temporary easements reserved herein shall remain in effect until utilities are
22 relocated or abandoned, therefore terminating any temporary easements reserved herein.
23 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of
24 this Resolution with the San Bernardino County Recorder's office.
25
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03/08/00 Z
RESOLUTION ORDERING VACATION OF THAT CERTAIN PORTION OF LEXINGTON WAY,
1 SOUTHWESTERLY OF HALLMARK PARKWAY.
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a(n)
6 meeting thereof held on the day of 20_, by the
7 following vote,to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 ESTRADA
11 LIEN
12 MCGINNIS
13 SCHNETZ
14
SUAREZ
15
16 ANDERSON
17 MCCAMMACK
18
19 City Clerk
20
21 The foregoing resolution is hereby approved this day of 20
22
23 JUDITH VALLES, Mayor
24 City of San Bernardino
Approved as to form
25 and legal content:
26 JAMMF�- ENMAN
27 City 28 By: Ifl
03/08/00 3
CITY OF SAN BERNARDINO ��
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
To: Rachel Clark, City Clerk
From: Laszlo "Les"Fogassy, Real Property Official
Development Services/Real Property Section
Subject: Resolution Ordering Vacation — A portion of Lexington Way,
Southwesterly of Hallmark Parkway
Date: March 29,2000
Copies: File No. 15.30-352; Reading
A Resolution Ordering the Vacation of a portion of Lexington Way, Southwesterly of Hallmark
Parkway, is scheduled to be heard at the Mayor and Common Council meeting of April 3, 2000.
This memo will serve as a request to hold the resolution until further notification. It is requested
that you hold the resolution and do not file with the County Recorder until you receive further
notification from our office.
Upon completion,please forward a conformed copy of the Resolution to the Real Property
Section so we may record it at a future time.
If you have any questions on this matter,please do not hesitate to call this office at extension
5328 or 5111.
LASZLO"Les"FOGASSY, Real Property Official
Development Services/Real Property tion
EILEEN GOMEZ, Real Property S st
Development Services/Real Property Section
PLEA COMPLETE TM N4090KTIDN
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CITY OF SAS BHRNAinISO
CITY CI.EM'S OFFICE
AND WEN RED NAL TO:
CITY CI.HB<'S OFFICE
P O BOX 1318
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SAN BERAIIDISO G 92402 n re I ur IOU n M m yr AM r raw PM
Attn: M. Miller
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SPACE ABOVE FOR R£ CMER13 USE ONLY
Resolution No. 2000-68
Title of Doeunant
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( M� Fee App6m)
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1
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STATE OF CALIFORNIA )
4 COUNTY OF SAN BERNARDINO ) SS
5 CITY OF SAN BERNARDINO )
6 I, RACHEL G. CLARK, City Clerk in and for the City
7 of San Bernardino DO HEREBY CERTIFY that the foregoing
and attached copy of the City of San Bernardino
8 Resolution 2000-68
9 is a full, true and correct copy of that now on file
10 in this office.
11 IN WITNESS WHEREOF, I have hereunto set my hand
12 and affixed the official seal of the City of San
Bernardino this 6th day of April 2000 .
13
14
15
Rachel G. Clark, City Clerk
16
17
By:
18
Melanie Miller
19 Senior Secretary
20
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1 RESOLUTION NO.
2000-68 �
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF LEXINGTON WAY, SOUTHWESTERLY OF
4 HALLMARK PARKWAY AND RESERVING EASEMENTS FOR SANITARY SEWER,
WATERLINES AND UTILITIES.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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 that certain portion of
9
10 Lexington Way, southwesterly of Hallmark Parkway, described in Resolution of Intention No.
11 2000-43,hereby find from all of the evidence submitted that such portion of said street proposed
12 to be vacated by said Resolution is unnecessary for present and prospective street purposes.
13
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
14
15 certain portion of Lexington Way, southwesterly of Hallmark Parkway, more fully described as
16 follows:
17 All that portion of Lexington Way, 80 feet wide, as delineated on the map of
18 Parcel Map No. 4437, recorded in Book 43 of parcel maps, Pages 63 through 66
inclusive, records of the County Recorder of San Bernardino County, State of
19 California, lying southwesterly of the northwesterly prolongation of the north line
of Parcel 8 of said Parcel Map No. 4437.
20
21 Also described in Resolution of Intention No. 2000-43.
22 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
23 easements for public utility purposes belonging either to the City of San Bernardino or to any
24 public utility and there is hereby specifically reserved for the City of San Bernardino, its
25
successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities
26
27 over the entire area proposed to be vacated, including the right at any time, or from time to time,
2$ to construct, maintain, operate,replace and renew said sewer or appurtenances including the right
03/07/00 1
2000-i8
RESOLUTION ORDERING VACATION OF THAT CERTAIN PORTION OF LEXINGTON WAY,
1 SOUTHWESTERLY OF HALLMARK PARKWAY.
2
of ingress and egress thereto; and there is hereby specifically reserved for the City of San
3
Bernardino Municipal Water Department, its successors, heirs and assigns, a temporary easement
4
5 for water utility purposes over the entire area proposed to be vacated, including the right at any
6 time, or from time to time, to construct, maintain, operate, replace and renew one or more
7 pipelines or appurtenances for the transportation of water and related incidental purposes,
8
including the right of ingress and egress thereto; and there is hereby specifically reserved for
9
Southern California Edison, its successors, heirs and assigns, a temporary easement to construct,
10
11 place, operate, inspect, maintain, repair, replace and remove any overhead or underground
12 electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles,
13 pole anchors and guy wires, manholes markers and necessary fixtures and appurtenances, and
14
said easement shall include rights of ingress and egress thereto; and there is hereby specifically
15
reserved for Southern California Gas Company, its successors, heirs and assigns, a temporary
16
17 easement over the entire area proposed to be vacated, including the right at any time, or from
18 time to time, to construct, maintain, operate, replace and renew one or more pipelines or
19 appurtenances for the transportation of natural gas, including the right of ingress and egress
20
thereto. All temporary easements reserved herein shall remain in effect until utilities are
21
22 relocated or abandoned,therefore terminating any temporary easements reserved herein.
23 SECTION 4, The City Clerk is hereby directed and authorized to file a certified copy of
24 this Resolution with the San Bernardino County Recorder's office.
25
26
27
28
03/08/00 2
2000-68
RESOLUTION ORDERING VACATION OF THAT CERTAIN PORTION OF LEXINGTON WAY,
1 SOUTHWESTERLY OF HALLMARK PARKWAY.
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a(n) joint regular
6 meeting thereof held on the 3rd day of April 2000 by the
7 following vote,to wit:
8 Council Members. AYES NAYS ABSTAIN ABSENT
9
ESTRADA x
10
11
LIEN X
a
12 MCGINNIS
13 SCHNETZ g
14 g
SUAREZ
15
ANDERSON x
16
17 MCCAMMACK x
18
S�arr�t>�YY�ecicr�a)„�.t�
19 C/ity Clerk
20 The foregoing resolution is hereby approved this day f April 20 00
21
22 c�
23 JU VALLES, Mayor
C' of an Bernardino
24
Approved as to form
and legal content:
26 JAMES F. ENMAN
27 City Art
28 By: /
03/08/00 3
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RB1l) Program
DATE: April 6, 2000
TO: Eileen Gomez, Real Property Specialist
FROM: Melanie Miller, Senior Secretary
RE: Transmitting Document - Resolution 2000-68
Attached is the following document to be recorded:
One certified copy of Resolution 2000-68
Please return when recorded by San Bernardino County.
Thank you for your assistance with this matter.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
Senior Secretary /
I hereby ackno ge receip=e ab ve mentioned documents. , tt
Signed:
Date:
U