HomeMy WebLinkAbout05.T- Summary Vacation of North-South Alley South of Rialto Ave and East of I-215 5.T
RESOLUTION (ID # 4344) DOC ID: 4344
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Marlene Miyoshi M/CC Meeting Date: 03/21/2016
Prepared by: Fawna Velci, (909) 384-
5140
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Ordering
the Summary Vacation of a North-South Alley South of Rialto Avenue and East of 1-215
Freeway. (#4344)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact associated with this action. The petitioner has paid the full
vacation fee of$2,000.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
An application was received from Robert Davidyan requesting the vacation of an alley
south of Rialto Avenue and east of 1-215 Freeway; see attached Exhibit "A". Applicant
is requesting the summary vacation of these portions of right-of-way to build a block wall
fencing to provide security to his property. The portions of right-of-way to be vacated
are not needed for public use.
"Summary Vacation" is the method for vacating this type of public property per the
California Streets and Highways Code, section 8300-8336, which expedites the
vacation process. If the requirements of this Section of the Code are met, it allows the
City to adopt a resolution of vacation without notice and a public hearing. Pursuant to
the requirements of this Code, City staff has determined
1. There are no public utilities within the proposed vacation area.
2. The property to be vacated constitutes excess right-of-way that is not required for
present or prospective public use.
3. For a period of five consecutive years, the portion of right-of-way to be vacated has
been impassable to vehicular travel.
4. No public money was expended for maintenance on the portion of right-of-way to be
vacated during the past five years.
5. The affected City Departments and pertinent agencies do not object to the proposed
vacation.
`err
Updated: 3/17/2016 by Linda Sutherland Packet Pg. 513
5.T
4344
Maps depicting the general vicinity show the details of the proposed vacation are
attached as Exhibit "A".
City Attorney Review:
Yes
Supporting Documents:
Resolution (DOC)
Exhibit A- Map (PDF)
Vacation Application (PDF)
Updated: 3/17/2016 by Linda Sutherland Packet Pg. 514
5.T.a'
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A NORTH-
4 SOUTH ALLEY SOUTH OF RIALTO AVENUE AND EAST OF I-215 FREEWAY.
5 WHEREAS, California Streets and Highways Code Sections 8330-8334.5 provide for
6 summary vacation of streets and excess right-of-way of a street not required for street °
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7 purposes without notice and hearing; and o
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WHEREAS, the area proposed to be vacated is more fully described as follows: 0
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THE WEST 15 FEET OF ALL THAT PORTION OF LOT 18, IN BLOCK 12, OF a
10 THE FIVE-ACRE SURVEY OF THE RANCHO SAN BERNARDINO, AS PER PLAT o
11 RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, o
DESCRIBED AS FOLLOWS: cc
12 COMMENCING AT A POINT 141.25 FEET WEST OF THE NORTHEAST >,
13 CORNER OF SAID LOT 18; THENCE SOUTH 199 FEET, MORE OR LESS, TO THE
14 PROPERTY CONVEYED BY RUSS LUMBER & MILL COMPANY TO EDMUND E. E
KATZ AND CHARLES H. LINDNER, BY DEED DATED SEPTEMBER 29, 1887, co
15 AND RECORDED IN BOOK 63 OF DEEDS, PAGE 546, OF THE RECORDS OF SAID 1i
COUNTY; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PROPERTY �
16 100 FEET TO A POINT 41.25 FEET WEST OF THE EAST LINE OF SAID LOT 18;
17 THENCE NORTH 64 FEET, MORE OR LESS, TO A POINT 135 FEET SOUTH OF o
THE NORTH LINE OF SAID LOT 18; THENCE WEST 50 FEET; THENCE NORTH
18 135 FEET; THENCE WEST 50 FEET TO THE POINT OF BEGINNING.
19 For further particulars as to the proposed vacation, see the map marked "Plan No. 13052", o
20 approved concurrently on March 21, 2016 attached and incorporated herein as Exhibit"A".
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22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON E
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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24 SECTION 1. That the Mayor and Common Council of the City of San Bernardino Q
25 elect to proceed with the summary vacation as described above, under and in accordance with
26 the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
27 Division 9, Part 3 of the Streets and Highways Code of the State of California.
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Packet Pg. 515
1 SECTION 2. That pursuant to Section 8331 of said Streets and Highways Code, the
2 Mayor and Common Council do hereby find that said street may be summarily vacated,
3 without notice and hearing, for the following reasons: (1) for a period of five consecutive
4 years, the street has been impassable for vehicular travel, and (2) no public money has been
5
expended for maintenance on the street during such time period.
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SECTION 3. It is hereby determined that the vacation of said street is categorically W
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8 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant
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9 to Class 1, Section 15301(c).
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SECTION 4. Nothing in this Resolution shall in any way affect or disturb any
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12 existing easements for public utility purposes belonging either to the City of San Bernardino
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13 or to any public utility that existed prior to these vacation proceedings. E
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14 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy
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15 of this Resolution with the County Recorder of San Bernardino County, and shall not take M
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effect until such filing.
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1
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ORDERING THE SUMMARY VACATION OF A NORTH-
2 SOUTH ALLEY SOUTH OF RIALTO AVENUE AND EAST OF I-215 FREEWAY.
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 meeting thereof,
6 held on the day of , 2016, by the following vote, to wit: °
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Council Members: AYES NAYS ABSTAIN ABSENT N
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MARQUEZ Q
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11 BARRIOS o
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12 VALDIVIA >
13 SHORETT E
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14 NICKEL
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RICHARD
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17 MULVIHILL _
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19 Georgeann Hanna, City Clerk o
20 The foregoing resolution is hereby approved this day of , 2016. cn
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22
R. CAREY DAVIS, Mayor
23 City of San Bernardino Q
24 Approved as to form:
GARY D. SAENZ, City Attorney
25
By:
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5.T.a
1 EXHIBIT "A"
-Plan No. 13052-
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0134-337-03` 781
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Area of proposed vacation shown as:
CI`T'Y OF SAN BERNARDINO P1AN NO: 13052 FILE NO.: 15.30-421
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION
Approved by: Llh
Proposed vacation of an alley south of Malto Avenue +ccrvaucr F. 1•.2W
and east of 1-215 Freeway,in the City of San Prepared by: rate, ��
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Area of proposed vacation shown as:
CITY OF SAN BERNARDINO PLAN NO: 13052 FILE NO.: 15.30-421
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION
Approved by: Date:
rroposed vacation of an alley south of Rialto Avenue _ CITY ENGINE- -A": '.-2W
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and east of 1-215 Freeway,in the City of San Prepared by: ' >� �4� Date r7 1r
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APPLICATION FOR STREET/ALLEY/EASEMENT VACATION
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# + 7 }} To City of San Bernardino
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Public Works Department,Real Property Section
300 N."D"Street—3rd 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 U'lat map delineating the area)
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The vacation is requested for the following reason(s):
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I understand that a total non-refundable fee of $ 2,000.00 shall be paid by me as a cost of the .0
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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. I further understand that said fees are NOT payment for any real property or
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improvements thereon, but for the costs of the vacation proceedings ONLY and that the City of San E
Bernardino does NOT determine underlying ownership of the area to be vacated nor does it guarantee co
title to any property involved and I have been advised to consult a title company to determine such
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ownership.
I understand that at the conclusion of the investigative proceedings, the City will notify me of its p
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 Q
reservations may affect the intended use of the proposed area,once vacated,and that 1 may elect to terminate or Q
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continue the proceedings. If I elect to continue, the remaining unpaid fees shall be paid by me prior to the 0
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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. a)
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Date Print Name Signature
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 have all interested parties complete and sign this petition prior to submitting to the
City.Attach additional sheets as necessary.
We,the undersigned property owners,or authorized agents thereof,have read and understand the
application and wish to proceed with the requested vacation as stated herein.
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