HomeMy WebLinkAbout11-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Synopsis of Previous Council Action:
Subject: Resolution ofIntention: proposed vacation
of a portion of the alley between Acacia A venue and
"E" Street, south of 13 th Street, the alleJ between "F"
Street and Acacia Avenue, south of 13 Street, 7th
Street, between "F" Street and "G" Street, and a portion
of Berkeley Street, between 7th Street and 8th Street.
File No.1 5.30-372
MCC Date: 04-05-2004
From: JAMES FUNK, Director
Dept: Development Services
Date: March 16,2004 ORIG\NAL
02/02/04 -Authorization to proceed was given for the proposed vacation a portion of the alley
between Acacia A venue and "E" Street, south of 13 th Street, the alley between "F" Street
and Acacia A venue, south of 13 th Street, 7th Street, between "F" Street and "0" Street,
and a portion of Berkeley Street, between 7th Street and 8th Street.
Recommended Motion:
Adopt Resolution
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Contact person: EILEEN GOMEZ
Phone: 5328
Supporting data attached: StaffReport!Map/Reso Ward: I
FUNDING REQUIREMENTS: Amount: $1,000 (to be paid by applicant)
Source: (Acel. No.) 001-000-4780-0000
(Acct Description) Vacation Proce..ing Fee~
Finance:
Council Notes:
~~-r1f~
Agenda Item No.
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9/5/DY
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of
that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda
Avenue.
BACKGROUND:
In October 2003, this office received a request for the vacation of a portion of the east/west alley
south of Base Line Street, between Lugo Avenue and Sepulveda A venue. The request was City-
initiated through the Council offices on behalf of Eddie Galindo, the owner of Eddie's Radiator,
Muffler & Smog Shop, located at 195 E. Base Line Street in San Bernardino. Public dumping,
blight, public disturbances, and unlawful activities have been ongoing problems in this area for
many years. The proposed vacation of this portion of the alley would assist in eliminating these
problems. The majority of the adjoining parcel owners have signed the petition in favor of the
vacation, as they have all been directly impacted by these public nuisances.
On December 15, 2003, authorization was given to proceed with the proposed vacation of a
portion of that certain east/west alley south of Base Line Street, between Lugo A venue and
Sepulveda Avenue and Plan No. 10894 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. Southern California Edison submitted a request to reserve an easement
for their existing facilities, which will be reserved in the Resolution ofIntention and the
Resolution Ordering Vacation.
On February 17, 2004, Resolution ofIntention No. 2004-51 was adopted, setting a public
hearing for March 15,2004, which was continued to the Mayor and Common Council meeting
of April 5, 2004. Notices were posted along the area proposed for vacation and published in the
San Bernardino County Sun newspaper. Adjacent property owners were also notified of the
public hearing 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:
I. The Director of Development Services has determined that the portion of the alley
proposed to be vacated is of no further necessity to the general public.
2. A finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (conL)
The School District is corresponding with the City and utility companies requiring temporary
easements in that area, to coordinate a design for the relocation of existing facilities.
When development starts, existing facilities will either be relocated or abandoned, at which time
the temporary easements will terminate. The temporary easements will be reserved in the
Resolution ofIntention and the Resolution Ordering Vacation.
The attached Resolution of Intention sets a public hearing for May 3, 2004. 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 IMP ACT:
The first half of the vacation processing fees have been paid, and the second half will be paid
prior to completion of the vacation process.
RECOMMENDATION:
Adopt resolution.
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
PROPOSED VACATION OF PORTIONS OF THOSE
CERTAIN NORTH/SOUTH ALLEYS LYING BETWEEN
"E" STREET AND "F" STREET AND BETWEEN BASE
LINE STREET AND 13TH STREET.
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ACTING CITY ENGINEER
Prepared by:-:-~J ~~4 / /
Checked by: ---_.~O
Date: 12/16/200? Sheet I of I
PLAN NO.:
10910A
15.30-372
FILE NO. :
AREA OF VACATION SHOWN AS: ~
SCHOOL DISTRICT PROPERTY SHOWN AS: - - - -
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
PROPOSED VACATION OF PORTIONS OF 7TH
STREET, BETWEEN "F" STREET AND "G" STREET,
AND A PORTION OF BERKELEY STREET BETWEEN
7TH STREET AND 8TH STREET.
PLAN NO.:
10910B
15.30-372
ACTING CITY ENGINEER
Prepared by: I
Checked bY:'--~// .
Date: 12/16/200'? Sheet
FILE NO. :
of
AREA OF VACATION SHOWN AS: ~
REALIGNMENT OF BERKELEY STREET SHOWN AS: r / / / / J
SCHOOL DISTRICT PROPERTY SHOWN AS: _ _ -
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RESOLUTION Nt; ~ lPY
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE V ACA TION OF A PORTION OF THE ALLEY
BETWEEN ACACIA AVENUE AND "E" STREET, SOUTH OF 13TH STREET; THE
4 ALLEY BETWEEN "F" STREET AND ACACIA A VENUE, BETWEEN 13TH STREET
AND BASE LINE STREET; 7TH STREET, BETWEEN "F" STREET AND "G" STREET;
5 AND A PORTION OF BERKELEY STREET, BETWEEN 7TH STREET AND 8TH
6 STREET (PLAN NO. 10910A AND 10910B).
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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 a portion of the alley between Acacia
Avenue and "E" Street, south of 13'h Street, and the alley between "F" Street and Acacia Avenue,
between 13'h Street and Base Line Street, as described in Exhibit "A" as Parcel A; and 7th Street,
between "F" Street and "G" Street, and a portion of Berkeley Street, between 7'h Street and 8'h
Street, as described in Exhibit "B" as Parcel B, attached hereto and made a part hereof.
16 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
17 vacating the above described portions of said streets and alleys, elects to proceed under and in
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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
21 California.
SECTION 3. That the hour of 4:00 p.m., on Monday, May 3, 2004, in the Council
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23 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
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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 those maps marked "Plan No.
04/0 1/04
;AID. / (
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ESOLUTlON OF INTENTION -VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA
VENUE AND "E" STREET SOUTH OF 13TH STREET; THE ALLEY BETWEEN "F" STREET AND
1 CACIA A VENUE BETWEEN 13TH STREET AND BASE LINE STREET; 7TH STREET BETWEEN "F"
TREET AND "G" STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7T11 STREET AND
2 TH STREET(10910A & B)
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4 10910A and Plan No. 10910B", approved on February 2, 2004, copies of which are on file in the
ffice ofthe City Clerk of said City.
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10 uccessors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
asements for public utility purposes belonging either to the City of San Bernardino or to any
ublic utility; and there is hereby specifically reserved for the City of San Bernardino, its
11 ver the area shown as Parcel B, including the right at any time, or from time to time, to
12 onstruct, maintain, operate, replace and renew said sewer or appurtenances and said temporary
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asement shall include the right of ingress and egress thereto; and there is hereby specifically
eserved for the City of San Bernardino Public Services Department, its successors, heirs and
ssigns, an access easement for refuse pick-up over Lots 10 through 13 adjacent to Parcel 2 of
arcel A, including the right at any time, or from time to time, the right of ingress and egress
18 hereto; and there is hereby specifically reserved for the owners of Lots 10 through 13 adjacent to
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arcel 2 of Parcel A, their successors, heirs and assigns, a reciprocal access easement, including
he right at any time, or from time to time, the right of ingress and egress thereto; and there is
ereby specifically reserved for Southern California Edison, its successors, heirs and assigns, an
asement over Parcel 2 of Parcel A, and a temporary easement over Parcel B, to construct, place,
perate, inspect, maintain, repair, replace and remove any overhead or underground electrical
ransmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
nchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said
4/02104
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RESOLUTION OF INTENTION -VACATION OF A PORTION OFTHE ALLEY BETWEEN ACACIA
VENUE AND "E" STREET SOUTH OF 13TH STREET; THE ALLEY BETWEEN "F" STREET AND
CACIA A VENUE BETWEEN 13TH STREET AND BASE LINE STREET; 7TH STREET BETWEEN "F"
TREET AND "G" STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7TH STREET AND
TIt STREET(109IOA & B)
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4 emporary easemen1 shall include 1he right of ingress and egress thereto; and there is hereby
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pecifically reserved for the City of San Bernardino Municipal Water Department, its successors,
eirs and assigns, a temporary easement for water utility purposes over Parcel B, including the
ight at any time, or from time to time, to construct, maintain, operate, replace and renew one or
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ore pipelines or appurtenances for the transportation of water and related incidental purposes,
nd said temporary easement shall include the right of ingress and egress thereto; and there is
ereby specifically reserved for Verizon California, Inc., its successors, heirs and assigns, an
asement over Parcel I and Parcel 2 of Parcel A, and a temporary easement over Parcel B, to
onstruct, place, operate, inspect, maintain, repair and replace underground and overhead
tructures consisting of wires, cables and necessary fixtures and appurtenances and said
16 emporary easement shall include the right of ingress and egress thereto; and there is hereby
17 pecifically reserved for The Gas Company, its successors, heirs and assigns, a temporary
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asement over Parcel B, including the right at any time, or from time to time, to construct,
aintain, operate, replace and renew one or more pipelines or appurtenances for the
ransportation of natural gas, and said temporary easement shall include the right of ingress and
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gress thereto. All temporary easements reserved herein shall terminate upon relocation or
bandonment of existing facilities.
SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
ause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
Service Easements Vacation Law."
4/0 1104
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RESOLUTION OF INTENTION -v ACA TION OF A PORTION OF THE ALLEY BETWEEN ACACIA
VENUE AND "E" STREET SOUTH OF 13TH STREET; THE ALLEY BETWEEN "F" STREET AND
1 CACIA A VENUE BETWEEN 13TH STREET AND BASE LINE STREET; 7TH STREET BETWEEN "F"
TREET AND "G" STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7TH STREET AND
2 TH STREET(10910A & B)
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SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
5 ntention and shall cause the same to be published once a week for two successive weeks in The
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an Bernardino County Sun, a newspaper published and circulated in the City of San
ernardino, prior to the above date set forth for the public hearing.
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ESOLUTlON OF INTENTION -VACATION OF A PORTION OF THE ALLEY BETWEEN ACACIA
VENUE AND "E~ STREET SOUTH OF 13TH STREET; THE ALLEY BETWEEN "F~ STREET AND
1 CAClA A VENUE BETWEEN 13TH STREET AND BASE LINE STREET; 7TH STREET BETWEEN "F~
TREET AND "G~ STREET; AND A PORTION OF BERKELEY STREET BETWEEN 7T11 STREET AND
2 TH STREET(I0910A & B)
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6 eld on the
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nd legal content:
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
ommon Council of the City of San Bernardino at a
meeting thereof
day of
,20_, by the following vote, to wit:
Council Members:
NAYES
ABSTAIN
ABSENT
AYES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
he foregoing resolution is hereby approved this
day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
tevv
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Legal Description for the vacation of a portion of those certain north/south alleys lying
between "E" Street and "F" Street and between Base Line Street and 13th Street
(Parcel A)
Parcel One
That certain north/south alley, 12 feet wide, as delineated on the map of Acacia Addition as per
plat recorded in Book 17 of Maps, page 12, records of the County Recorder of San Bernardino
County, State of California, adjacent to and east of Lots 14 through 18 inclusive, Block I of
said Acacia Addition.
EXCEPTING THEREFROM, the northerly 10 feet.
Contains 2,340 square feet, more or less.
Parcel Two
That certain north/south alley, 12 feet wide, as delineated on the map of Acacia Addition as per
plat recorded in Book 17 of Maps, page 12, records of the County Recorder of San Bernardino
County, State of Cali fomi a, adjacent to and west of Lots I through 13 inclusive, Block 2 of said
Acacia Addition.
o EXCEPTING THEREFROM the northerly 10 feet.
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Contains 6,720 square feet, more or less.
EXHIBIT "A"
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
~
-0 ACTING CITY ENGINEER
Prepared bY:-:-:~-5~~4 /' /
Checked by: '_,_, . ~ .
, Date: 12/16/ 200? Sheet I of I
PROPOSED VACATION OF PORTIONS OF THOSE
CERTAIN NORTH/SOUTH ALLEYS LYING BETWEEN
"E" STREET AND "F" STREET AND BETWEEN BASE
LINE STREET AND 13TH STREET.
PLAN NO.:
10910A
15.30-372
FILE NO. :
AREA OF VACATION SHOWN AS: ~
SCHOOL DISTRICT PROPERTY SHOWN AS: - - - -
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Legal Description for the vacation of portions of 7th Street, between "F" Street and "G"
Street and a portion of Berkeley Street. Between 7th Street and 8th Street.
(Parcel B)
That portion of Berkeley Street, 50 feet wide, being a portion of Lots 1,2,3,4,7 and 8, Block
54 of the Plan of the City of San Bernardino as per plat recorded in Book 7 of Maps, page I,
records of the County Recorder of San Bernardino County, State of California, together with a
portion of 7th Street, 82.50 feet wide, adjacent to said Lots I and 2, as said street is shown on said
Plan of the City of San Bernardino, described as follows:
Beginning at the southeast comer of said Lot I, said point also being on the north line of said 7th
Street and the West line of "F" Street, 82.50 feet wide, said street being shown as California
Street on said Plan of the City of San Bernardino;
Thence South 000 00' 33" East, alon~ the southerly prolongation of said Lot I, a distance of
82.50 feet to the south line of said 7' Street;
Thence North 890 58' 06" West, along said south line, a distance of 596.85 feet to the east line
of "G" Street, 82.50 feet wide, shown as Independence Street on said Plan of San Bernardino;
Thence North along said east line, a distance of 41.25 feet to the centerline of said 7'h Street;
Thence South 890 58' 06" East, along said centerline, a distance of95.00 feet;
Thence North 000 03' 22" East, a distance of 41.25 feet to the north line of said 7'h Street;
Thence South 890 58'06" East. A distance of 178.40 feet to the west line of said Berkeley Street,
said line being 25.00 feet west of and parallel with the east line of said Lot 2;
Thence North 000 0 I' 12" East, along said west line of Berkeley Street, a distance of 408.50 feet
to the beginning of a reverse non-tangent curve, concave northeasterly and having a radius of
68.00 feet, a radial to said point bears South 550 27' 34" West;
Thence southerly and easterly along said curve, through a central angle of 500 22' 39", an arc
distance of 59.79 feet to the east line of said Berkeley Street, said line being 25.00 east of and
parallel to the west line of said Lot 7;
Thence South 000 01' 12" West, along said east line of Berkeley Street, a distance of379.35 feet
to said north line of 7'h Street, said point also being on the south line of said Lot I;
Thence South 890 58' 06" East, along said north line of 7'11 Street, a distance of273.40 feet, more
or less, to the Point of Beginning.
Contains 1.49 acres, more or less.
"EXHIBIT "B"
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1'-200'
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
PROPOSED VACATION OF PORTIONS OF 7TH
STREET, BETWEEN "F" STREET AND "G" STREET,
AND A PORTION OF BERKELEY STREET BETWEEN
7TH STREET AND 8TH STREET.
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Prepared by: I f
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Checked by: '. .,,,/'
Date: 12/16/ 200?
FILE NO. :
10910B
15.30-372
PLAN NO.:
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AREA OF VACATION SHOWN AS: ~
REALIGNMENT OF BERKELEY STREET SHOWN AS: t' / ;/ / / J
SCHOOL DISTRICT PROPERTY SHOWN AS: _ - -
Sheet