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CITV OF SAN BERN,eDINO - REQUEST F. COUNCIL ACTION
Date: 02-11-91
Subject: Resolution: Summary Vacation ot Excess
highway right-ot-way & setting property
aside tor City Water Department: Portion
South side Foothill Blvd.. Westerly ot
Lytle Creek Flood Control Channel
From: ROGER G. HARDGRAVE. Director
De~publiC WorkSjEngineering'
Synopsis of Previous Council action:
NONE
Recommended motion:
e
Adopt Resolution
cc: Shauna Edwins. City Administrator
James F. Penman. City Attorney
Contact person:
AnnA nA'Rnl+
Phone:
'i1?R
Supporting data attached: ~+"f'f' lI"'Pnrt M"p, lI,,~nl11+inn
Ward:
1.
FUNDING REQUIREMENTS:
Amount:
N/A.
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
ceil Notes:
75-0262
Agenda Item No.
't.1
CITY OF SAN BERN~DINO - REQUEST FA COUNCIL ACTION
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75-0264
STAFF REPORT
A request was received from the City of San Bernardino Water Department asking
that the City vacate a portion of excess right-of-way relinquished to the City by
Caltrans. The property in question lies South of Foothill Boulevard, Westerly of
the Lytle Creek Flood Control Channel and was acquired by Caltrans to realign
Rancho Avenue at its juncture with Foothill Boulevard. The right-of-way was
subsequently relinquished to the City of San Bernardino.
The Water Department is requesting an area approximately 50 feet by 90 feet in
order to install a pressure booster station. This proposed booster station is
needed to enhance the pressure to the Terrace or "bench area" which is
experiencing poor flow conditions due to continued residential growth
As the City has no use for the subiect property for present or future street and
highway purposes, and as the Streets and Highways Code allows summary vacations
of excess right-of-way, pursuant to Section 8334 (a), et seq., Staff recommends
that the City summarily vacate the subject property. This will eliminate the
necessity of going through the entire vacation procedure for the abandonment of
the property under the provisions of the Streets and Highways code.
The resolution summarily vacates and sets aside the subject property for the City
of San Bernardino's Municipal Water Department.
02-11-91
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City It';its --l
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CITY OF R W 1. Sac. 7
SAN I' BERNARDINO 1\
R/w __ SEC. 6: Rae. 325')
SEC. 7
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V.A.CArION AN'D
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GOV'T.lOT 8
T.1S.. R.'1W.
SECTION
7
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Pr.p.r.C1 1I!11
Ch.ck.C1 1I!1 I
DATE I Januarv 28, 1991 1
AREA VACATED SHOWN THUS ~
Sh..t
of
FILE NO.1 15.30-307
PLAN NO.1 8398
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33133'
CITY OF SAN BERNARDINO
PUBLIC HORKS DEPARTMENT
ENGINEERING DIVISION
REAL PROPERTV SECTION
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STREET I ALLEY VACM'ION I
Portion of excess right-of-wav, South side
of Foothill Boulevard, West of Lytle
Creek Flood Control Channel
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUMMARILY VACATING THAT
CERTAIN EXCESS STREET AND HIGHWAY RIGHT-OF-WAY AND SETTING SAID PROPERTY A-
SIDE FOR THE USE OF THE CITY WATER DEPARTMENT. SAID PROPERTY LOCATED ON THE
SOUTH SIDE OF FOOTHILL BOULEVARD. WESTERLY OF THE LYTLE CREEK FLOOD CONTROL
CHANNEL.
5 WHEREAS. the City of San Bernardino received a portion of the
6 South side of Foothill Boulevard Westerly of the Lytle Creek Flood Control
7 Channel from the State of California; and
8 WHEREAS. the herein described right-of-way is no longer needed for
9 street and highway purposes; and
10 WHEREAS. the City of San Bernardino Municipal Water Department
11 wishes to develop or otherwise use the land in question. which would
12 utilize the area encumbered by the excess street and highway right-of-way;
13 NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND COHMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The herein described property is hereby declared to
be excess right-of-way. and unnecessary for present or prospective street
purposes.
SECTION 2.
That this summary vacation of the excess street and
highway right-of-way located on the South side of Foothill Boulevard.
Westerly of the Lytle Creek Flood Control Channel. is being made under
Section 6334 (a). et. seq.. of the Streets and Highways Code. and is
described as follows:
That portion of the Northeast one-quarter of Section 7.
Township 1 South. Range 4 West. San Bernardino Meridian.
described as follows:
Commencing at the intersection of the South line of
Foothill Boulevard. 100 feet wide, and the Easterly line
of the Lytle Creek Flood Control Channel; thence Westerly
along the Westerly prolongation of said South line of
Foothill Boulevard to its intersection with the Westerly
line of said Flood Control Channel; thence Southerly
along said Westerly line of said Flood Control Channel to
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SUMMARY VACATION~f EXCESS RIGHT-Of-WAY AND SETT~ ASIDE PROPERTY fOR CITY
WATER DEPARTME~ PORTION Of SOUTH SIDE Of FOO.L BOULEVARD. Iv"ESTERLY OF
LYTLE CREEK FLOOD CONTROL CHANNEL
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a point on a line that is parallel with. and 10 feet
Southerly of said prolongation. said point also being the
True Point of Beginning; thence Westerly along said
parallel line, a distance of 90 feet; thence Southerly at
right angles, a distance of 50 feet; thence Easterly at
right angles, to a point on the Westerly line of said
Flood Control Channel; thence Northwesterly along said
Westerly line to the True Point of Beginning.
SECTION 3.
That the Mayor and Common Council of said City do
hereby vacate said herein described excess street and highway right-of-way.
SECTION 4.
That from and after the date this Resolution is
9 recorded. the vacated excess street and highway right-of-way no longer
10 constitutes street and highway right-of-way.
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That the above described property shall be
set
SECTION
5.
for the City of San Bernardino Municipal Water Department's use for
a
aside
13 pressure booster station. If. however, the San Bernardino Municipal Water
e 14 Department does not use said premises for a pressure booster station for a
15 period of one (1) year, the use of the property shall revert to the City of
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San Bernardino.
SECTION
6.
The City Clerk of the City of San Bernardino shall
cause a certified copy of this resolution to be recorded in the office of the
County Recorder of the County of San Bernardino.
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02/11/91 2
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02/11/91
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SUM1'\AR) vACATlONM EllCESS Rll>HT-Ol'-WA) AND SEn. ASlIJ]:. 1'RUPEJ/n
FOR CITY WATER~PARTMENT: PORTION OF SOUTH ..,oE OF FOOTHILL
BOULEVARD, WESTERLY OF LYTLE CREEK FLOOD CONTROL CHANNEL
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting
thereof
held
on the
day
of
, 19_____, by the following vote, to-wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTA.-IN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this day
of
, 19_____
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
26 James F. Penman,
City Attorney
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