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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution ofIntention: Vacation of
a portion of lOth Street from Montgomery
Street, west to "J" Street.
Dept: Development Servi'fl"r ! ~ " I. L
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Date: June 14,2002
Synopsis of Previous Council Action:
File No. 15.30-363
MCC Date: 07-15-2002
06/03/02 -Authorization to proceed was given for the proposed vacation of a portion of 10th
Street from Montgomery Street, west to "J" Street and Plan No. 10468 was approved.
Recommended Motion:
Adopt Resolution
-~~
C ta t EILEEN GOMEZ
on c person:
Supporting data attached: StaffReportlMapslReso
Ward:
FUNDING REQUIREMENTS:
Amount: $1,000 (processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780-0000
(Acct Description) Vacation Proce..ing Fees
Finance:
Council Notes:
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Agenda Item No.
/1
7/15 /~
1'"'1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention: Vacation of a portion of 10'h Street from Montgomery Street, west to "J"
Street.
BACKGROUND:
On June 3, 2002, staff was authorized to proceed with the proposed vacation of a portion of lOth
Street from Montgomery Street, west to "J" Street and Plan No. 10468 was approved. The San
Bernardino City Unified School District ("SBCUSD") is proposing to relocate and replace an
existing 6-foot fence and also to install a standard concrete sidewalk along the south side of 10lh
Street from Montgomery Street, west to "J" Street. The area between the sidewalk and the new
fence would be used as a landscape area to be installed and maintained by SBCUSD.
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. Adelphia submitted a request to
reserve an easement for their existing facilities, which will be reserved in the Resolution of
Intention and the Resolution Ordering Vacation.
The attached Resolution ofIntention sets a public hearing for August 19, 2002. 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 IMPACT:
Applicant has paid the $1,000 processing fee.
RECOMMENDATION:
Adopt resolution.
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LOCA TION OF
PROPOSED
VACATION
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vocation of a portion of the
south side of 10th Street, between
Montgomery Street and "J" Street.
~ indicates unincorporated areas
~ within City's Sphere of Influence
Created by: ,~/I,'::.k f;:('
Date: -11Z/r! L---
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. 10 TH STREET
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PortIon of 10th Street
proposed to be vacated
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9 TH STREET
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION OF THE
SOUTH SIDE OF 10TH STREET, BETWEEN
MONTGOMERY STREET AND "J" STREET
~cJ~
~ CITY ENGINEER
Prepared by: 4-K.2h..: ~~'
Checked by: ~.
Date: (.(;'~/7PtJ '1- Sheet I of
PLAN NO.:
10468
FILE NO. :
15.30-363
AREA OF VACATION SHOWN AS W//L1
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RESOLUTIOI--J NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF 10'h STREET FROM
MONTGOMERY STREET, WEST TO "J" STREET.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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8 hereby declares its intention to order the vacation of a portion of I aT" Street from Montgomery
SECTION L That the Mayor and Common Council of the City of San Bernardino
9 Street, west to "J" Street, described as follows:
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That portion of Lots I & 2, Block 19 of the Rancho San Bernardino, as per plat thereof
recorded in Book 7 of Maps, Page 2, records of the County Recorder of San Bernardino
County, State of California. described as follows:
Commencing at the Northwest corner of Lot 2, said point being the centerline of 10'"
Street. as shown on the Cheney Tract, as per plat recorded in Book 21 of Maps, Page
4 L records of the County Recorder of said County; thence East, along said centerline of
I A'" Street. a distance of 25.00 feet; thence South, a distance of 41 .25 feet. to the South
line of 10'" Street and the True Point of Beginning; thence North. a distance of 11.00
feet; thence East, along a line parallel with said South line of 10'" Street to the Northerly
prolongation of the West line of Montgomery Street; thence South. along said
Northerly prolongation, a distance of 11.00 feet to said South line of 10'" Street; thence
West, along said South line. to the True Point of Beginning.
SECTION 2. That the Mayor and Common Council of the City of San Bernardino. in
vacating the above described portion of said street. elects to proceed under and in accordance
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21 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
22 being Division 9, Part 3, of the Streets and Highways Code of the State of California.
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Chambers of City Hall, 300 North "0" Street, San Bernardino, California. is fixed as the time
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SECTION 3. That the hour of 4:00 p.m., on Monday. August 19,2002. in the Council
and place when and where all persons interested in or objecting to the proposed vacation may
27 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
28 further particulars as to the proposed vacation. reference is made to that map marked "Plan No.
06'14/02
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RESOLUTION OF INTENTION - VACATION OF A PORTION OF 10" STREET FROM
MONTGOMERY STREET, WEST TO"J" STREET (plan No. 10468)
10468", approved on June 3, 2002, a copy of which is on file in the office of the City Clerk of
said City.
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
easements for public utility purposes belonging either to the City of San Bernardino or to any
public utility and there is hereby specifically reserved for Adelphia, its successors, heirs and
assigns, an easement to construct, place, operate, inspect, maintain, repair and .replace
underground and overhead structures consisting of wires, cables and necessary fixtures and
appurtenances and said easement shall include rights of ingress and egress.
SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
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Service Easements Vacation Law."
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16 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
17 Intention and shall cause the same to be published once a week for two successive weeks in The
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San Bernardino County Sun, a newspaper published and circulated in the City of San
Bernardino, prior to the above date set forth for the public hearing.
/II
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06/14/02
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RESOLUTION OF INTENTION - V ACA T10N OF A PORTION OF 10" STREET FROM
1 MONTGOMERY STREET, WEST TO "J" STREET (Plan No. 10468)
2
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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4 Cornmon Council of the City of San Bernardino at a
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held on the
day of
Council Members: A YES
.
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19 The foregoing resolution is hereby approved this
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
e
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23 Approved as to form
and legal content:
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25 JAMES F. PENMAN
City Attorney
26l- . fl!:'
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06114/02
3
meeting thereof
,20_, by the following vote, to wit:
NA YES
ABSTAIN ABSENT
City Clerk
day of
,20_.
JUDITH VALLES, Mayor
City of San Bernardino
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ')-1 ~ -o~ Item #
Vote: Ayes ,-0 Nays-tJ
Change to motion to amend original documents: -
I 'I Resolution #
Abstain -er-
~OOd-;;>30
Absent -G-
Reso. # On Attachments:
Contract term: -
Note on Resolution of Attachment stored separately: --==-
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: ~ - \ b -0 d-
Date of Mayor's Signature: 1\-1,-09
Date of Clerk/CDC Signature: 'l..-(i-u-;;)-
D~emo/Letter Sent for Signature:
60 Day Reminder Letter :Sent 011 J6U. d~):
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
~:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /'
Parks & Rec.
/
Code Compliance Dev. Services
Police Public Services
Water
Notes:
Null/Void After: -
By: I\'l, T Fti LoR..
Reso. Log Updated:
Seal Impressed:
,/
;/'
Date Returned: -
Yes ~ No By
Yes No ,/ By
Yes No ,/ By
Yes No ,/ By
Yes N07 B
EDA
Finance
,/
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: _
Date:
Revised 01/12/01