HomeMy WebLinkAbout14- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS, Director Subject:Resolution of Intention: Vacation
of a portion of Lexington Way,
Dept: Development Services Southwesterly of Hallmark Parkway.
I ^ F a I
Date: February 14, 2000 RI j j y A L
File No.15.30-352
Synopsis of Previous Council Action: MCC Date: 3-6-2000
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.
Recommended Motion:
Adopt Resolution S�
j'IP`C2/�L
Michael E.Vays
Contact person: EILEEN GOMEZ Phone: 5328
Supporting data attached: Staff Report/Plan/Res. Ward: 6
FUNDING REQUIREMENTS: Amount:$1,000.00 (Processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780
(Aunt Description) Street Vacation Fees
Finance:
Council Notes:
Agenda Item No. 14/
3161d w
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention: Vacation of 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. The request was submitted by a developer
representing the property owner of the property located on the east side of Lexington Way, at its
southerly terminus. 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 are 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 of Intention 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
addition to the ingress and egress easement.
The attached Resolution of Intention sets a public hearing for April 3, 2000. Upon approval, the
Resolution will be published in the Sun, the street posted and adjacent 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 first half of the processing fee and will pay the remainder prior to
the completion of the legal proceedings.
RECOMMENDATION:
Staff recommends approval of the attached Resolution of Intention.
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A. T. & S. F. R. R.
CITY OF SAN BERNARDINO
Approved: City Engineer vote DEVELOPMENT SERVICES
Prepared by. Lr s� Dater tt PUBLIC WORKS DIVISION
Checked by. Date: - 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
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF LEXINGTON WAY,
SOUTHWESTERLY OF HALLMARK PARKWAY AND RESERVING EASEMENTS
4 FOR SANITARY SEWER, WATERLINES AND UTILITIES.
5 BE IT RESOLVED BY THE 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 hereby declares its intention to order the vacation of a portion of Lexington Way, southwesterly
9 of Hallmark Parkway, described as follows:
10
All that portion of Lexington Way, 80 feet wide, as delineated on the map of
11 Parcel Map No. 4437, recorded in Book 43 of parcel maps, Pages 63 through 66
12 inclusive, records of the County Recorder of San Bernardino County, State of
California, lying southwesterly of the northwesterly prolongation of the north line
13 of Parcel 8 of said Parcel Map No. 4437.
14 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
15 vacating the above described portion of said street, elects to proceed under and in accordance
16
17 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
18 being Division 9, Part 3, of the Streets and Highways Code of the State of California.
19 SECTION 3. That the hour of 10:00 a.m., on April 3, 2000, in the Council Chambers of
20 City Hall, 300 North °D" Street, San Bernardino, California, is fixed as the time and place when
21 and where all persons interested in or objecting to the proposed vacation may appear before the
22
23 said Mayor and Common Council and offer evidence in relation thereto. For further particulars
24 as to the proposed vacation, reference is made to that map marked "Plan No. 10054", approved
25 on December 20, 1999, a copy of which is on file in the office of the City Clerk of said City.
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02/14/00
RESOLUTION OF INTENTION—VACATION OF A PORTION OF LEXINGTON WAY,
1 SOUTHWESTERLY OF HALLMARK PARKWAY(Plan No. 10054)
2
3 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
4 easements for public utility purposes belonging either to the City of San Bernardino or to any
5 public utility and there is hereby specifically reserved for the City of San Bernardino, its
6 successors heirs and assigns, a temporary> gn p rary easement for sanitary sewer and appurtenant facilities
7
8 over the entire area proposed to be vacated, including the right at any time, or from time to time,
9 to construct, maintain, operate, replace and renew said sewer or appurtenances including the right
10 of ingress and egress thereto; and there is hereby specifically reserved for the City of San
11 Bernardino Municipal Water Department, its successors, heirs and assigns, a temporary gn po ary easement
12
for water utility purposes over the entire area proposed to be vacated, including the right at any
13
14 time, or from time to time, to construct, maintain, operate, replace and renew one or more
15 pipelines or appurtenances for the transportation of water and related incidental purposes,
16 including the right of ingress and egress thereto; and there is hereby specifically reserved for
17 Southern California Edison, its successors, heirs and assigns, a temporary g p ary easement to construct,
18 place, operate, inspect, maintain, repair, replace and remove any overhead or underground
19
20 electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles,
21 pole anchors and guy wires, manholes markers and necessary fixtures and appurtenances, and
22 said easement shall include rights of ingress and egress thereto; and there is hereby specifically
23 reserved for Southern California Gas Company, its successors, heirs and assigns, a temporary
24
25 easement over the entire area proposed to be vacated, including the right at any time, or from
26 time to time, to construct, maintain, operate, replace and renew one or more pipelines or
27 appurtenances for the transportation of natural gas, including the right of ingress and egress
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02/14/00 2
RESOLUTION OF INTENTION—VACATION OF A PORTION OF LEXINGTON WAY,
1 SOUTHWESTERLY OF HALLMARK PARKWAY(Plan No. 10054)
2
3 thereto. All temporary easements reserved herein shall be in effect until such time as to the
4 relocation of the existing utilities and appurtenances thereto.
5 SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
6 cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
7
Service Easements Vacation Law."
8
9 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
10 Intention and shall cause the same to be published once a week for two successive weeks in The
11 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
12 set forth for the public hearing.
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02/14/00 3
RESOLUTION OF INTENTION—VACATION OF A PORTION OF LEXINGTON WAY,
] SOUTHWESTERLY OF HALLMARK PARKWAY(Plan No. 10054)
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 wit:
6
7 Council Members: AYES NAYES ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10
MCGINNIS
11
12 SCHNETZ
13 SUAREZ
14 ANDERSON
15 MILLER
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18 City Clerk
19 The foregoing resolution is hereby approved this day of 20
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22 JUDITH VALLES, Mayor
City of San Bernardino
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
CiTy Attorney
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By:
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02/14/00 4