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RESOLUTION NO. 82_1£3
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH COUNTY OF SAN BERNARDINO FOR
VACATING FOURTH STREET BETWEEN ARROWHEAD AVENUE AND SIERRA WAY,
MOUNTAIN VIEW AVENUE BETWEEN THIRD STREET AND FIFTH STREET, AND
THAT CERTAIN UNNAMED ALLEY LYING SOUTH OF FIFTH STREET, AND EAST
OF MOUNTAIN VIED? AVENUE.
BE IT RESOLVED BY THE 14AY0R AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City of San Bernardino and the County of
San Bernardino have entered into various agreements regarding the
construction of a governmental complex, the area being bounded by
Arrowhead Avenue, Fifth Street, Sierra Way, and Third Street in
the City of San Bernardino, one portion of which requires the
vacation of Fourth Street between Arrowhead Avenue and Sierra Way,
Mountain View Avenue between Third Street and Fifth Street, and
that certain unnamed alley lying south of Fifth Street and east
of Mountain View Avenue.
SECTION 2. The City and said County have negotiated an
agreement for the effective date of such vacation, and providing
certain protections and assurances for the City.
SECTION 3. The proposed agreement, a copy of which is
annexed hereto as Exhibit I and incorporated herein by reference,
is hereby approved, and the Mayor is hereby authorized and
directed to execute such agreement on behalf of the City at such
time as County provides to City written assurances that continued
pedestrian and motor vehicle traffic for access to and from the
Central Fire Station and Central Library will be permitted.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held
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on the 19th day of April 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez,
Rntts, Qui el , Strickler
NAYS: None
ABSENT: rrninni 1 Member Hobbs
/ *— M— rk�
The foregoing resolution is hereby approved this `D day
of _ April 1982.
Approved as to form:
6`
jtjcity Attorney
-2-
no
I A G R E E M E N T AGREDOW NU-
2 AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND COUNTY OF
SAN BERNARDINO FOR VACATING.FOURTH STREET BETWEEN ARROWHEAD AVENUE
3 AND SIERRA WAY, MOUNTAIN VIEW AVENUE BETWEEN THIRD STREET AND
FIFTH STREET, AND THAT CERTAIN UNNAMED ALLEY LYING SOUTH OF
4 FIFTH STREET, AND EAST OF MOUNTAIN VIEW AVENUE.
5 II
THIS AGREEMENT is
entered into this
day
of ,
6
1982, between the CITY
OF SAN BERNARDINO,
a municipal
corporation,
7 11referred to as "City", and the COUNTY OF SAN BERNARDINO, a sub -
8 11division of the State of California, referred to as "County"
9 City and County agree as follows:
10 1. The parties hereto have heretofore agreed that Fourth
11 Street between Arrowhead Avenue and Sierra Way, Mountain View
12 Avenue between Third Street and Fifth Street, and that certain
13 11 unnamed alley lying south of Fifth Street and east of Mountain
14 11 View Avenue, in the City of San Bernardino are no longer needed
15 11 as public streets, and should be vacated to enable County to
16 proceed with a construction project in that area.
19 2. The City of San Beranrdino, by Resolution No. 82-118,
18 adopted on the 15th day of March, 1982, has ordered that said
19 streets and alley be vacated, subject to the submission of written
20 assurances from all involved utilities to relocate all utilities
21 at no cost to the City, and other assurances from the County of
22 San Bernardino.
23 3. The parties agree that the actual vacating of these
24 streets and the alley shall be effective as of May 3, 1982,
25 at 7:00 a.m., at which time County shall have in place barricades'
26 closing off all streets to general traffic, and shall have in
27 place a "road closed" sign at least 4' x 8' in size, of reflec-
28 torized material, reading substantially as follows:
I "Road closed: you are now entering County property.
2 Access provided for local services only."
3 4. County agrees that Fourth Street between Arrowhead Avenu
4 and Mountain View Avenue will be permanently closed at that time,
5 and permanent barricades erected as soon thereafter as may be
6 practical. County further agrees that it will maintain and keep
7 open for limited use as a private road, and not for general public
8 use, Mountain View Avenue between Third Street and Fifth Street,
9 and Fourth Street between Mountain View Avenue and Sierra Way, wit
10 barricades.in place and signs posted, as specified above, but will
11 keep said streets available to the City's Fire Department to the
12
public with business at the Fire Department, for acceess to park-
ing areas, and for use by the contractors working on the County's
13
14 construction project. County will maintain Mountain View Avenue
15 from Third Street to Fifth Street and Fourth Street from Mountain
16 View Avenue to Sierra Way until such time as the new fire station
17 facility being constructed by City on Third Street in the City of
18 San Bernardino is complete and operational, and shall permit Fire
Department vehicles reasonable use of said streets until that time
19
20 5. It is understood that County will install stop signs
21 at the intersection of Fourth Street and Mountain View Avenue, but
the parties recognize that such stop signs will not be enforceable
22
23 by City's Police Department. Parties intend that after May 3,
24 1982, at 7:00 a.m., said streets and alley will be private roads,
beyond the control of City.
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6. County agrees to absolve City of any and all liability
26
arising out of or caused by the abandonment and vacation of Fourth
27
Street between Arrowhead Avenue and Sierra Way and of Mountain
28
-2-
I View Avenue between Third Street and Fifth Street. County will
2 defend and save harmless the City of San Bernardino from any
3 actions, claims, suits or judgments arising therefrom and relating
4 1 thereto.
5
7. County agrees to provide for public parking for the
6
City's public
library during construction
of the new office
7
complex, and,
following the completion of
the construction project
8
shall provide
adequate parking to meet the
needs of the public.
9
8. The
parties further agree that a
resolution establishing
10 lithe effective date of vacation of such streets will be enacted by
11
City
of San Bernardino, which
resolution
will
take effect only
12 11the
upon
the
signature of the Mayor of
the City,
which
signature will
13 11not be affixed until County provides to City evidence that the
14 Board of Water Commissioners of City has consented to the vaca
15 of said streets.
16 11 9. This agreement is effective immediately upon the
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signatures of both parties.
IN WITNESS WHEREOF, the parties have executed this agreemen
on the date first above written.
ATTEST:
:%/moi i// ♦i iL
ATTEST:
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Approved as to form:
City orney
'rl
CITY OF SAN BERNARDINO
yy
f Mayor
COUNTY OF SAN BERNARDINO
NJ
-1-
an, Board of Supervisors
APR 2 61982 %s i4s
C- ry cnsm
ApF«�4
Ow
CITY OF SAN BERNARDINO - MEMORANDUM
To Shauna Clark From Allen R. Briggs
City Clerk Assistant City Attorney
Subject Agreement with County Re Vacation of Date April 19, 1982
Streets and Alley for Government Complex
Supplemental Agenda i & 9,122
Approved
Date 700.10
County Counsel has approved the form of the agreement between
the City and County regarding vacating of streets and alley
for the government complex. This item will go on County
Board's agenda for next Monday. County officials would like
the signed original as soon as the Mayor and Clerk have
signed it. (Phomas B. Sharpe, Right of Way Agent, will have
someone pick it up if you will call when ready. (383-3321) y
ALL S
ALLEN R. BRIGGSGS
Assistant City Attorney
ARB:lr
APR I"48W
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