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CITY OF SAN BE~RDINO - REQUESTOOR COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director
Dept: Public WorksfEngineering
Date: April 19. 1993
Subject:
Street Vacation Public Hearing 10:QO a.m.
and Resolution Ordering Vacation for that
portion of 7th Street lying between "D"
Street and "E" Street
Synopsis of Previous Council action:
12/21/92 --- Authorization to proceed was given. and Plan No. 8849 was approved.
03/02/93 --- Notice of Exemption was filed. and a finding of consistency with
the General Plan was made.
04/05/93 --- Resolution of Intention No. 93-106 was adopted, which sets a
public hearing date of 05/10/93 for the proposed vacation of
that portion of 7th Street lying between "D" Street and "E" Street.
per attached Plan No. 8849.
Recommended motion:
1. That the hearing be closed and the Findings.of Fact as set forth in the Staff
Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to
why that portion of 7th Street lying between "D" Street and "E" Street. is no
longer necessary for street purposes, be adopted.
2. Adopt Resolution.
cc: Shauna Clark, City Administrator
Barbara Pachon, Finance Director
James F. Penman. City Attorney
Contact person:
Supporting data attached: Staff Report.
Anne DeBolt
Phone:
5328
Resolution. Map
Ward:
1
FUNDING REQUIREMENTS:
Amount: Wages on W.O. 1266
So (A N ) 001-302-59!50
urea: cct. o.
(Acct. DescriDtionl
stree~ Vacation ~
F,"ance~
Council Notes:
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75-0262
Agenda Item No. 35
CITY OF SAN BER~RDINO - REQUEST (J)R COUNCIL ACTION
STAFF REPORT
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Authorization to Proceed was granted at the Council Meeting of 12/21/92 for the
vacation of 7th Street between "D" street and "E" street.
Utility companies, City departments and adjoining property owners were notified of the
proposed vacation twice: once prior to beginning the vacation process, and the second
time on 01/08/93, with a reply due by 02/08/93. Easements will be reserved over the
entire area proposed for vacation for: sewer, water, traffic signals and street
lights, storm drains, Pacific Bell Telephone, GTE, Southern California Edison and
Southern California Gas Company.
On 03/02/93, a Notice of Exemption was filed with the County Clerk for the proposed.
vacation, and a finding of consistency with the General Plan was made.
On 04/05/93, Resolution of Intention No. 93-106 was adopted, reserving easements for
the City and for public utilities over the entire area of the vacation. That resolu-
tion sets a public hearing date of 05/10/93. On 04/15/93, the Resolution of Intention
was published in a local newspaper, Notices were posted in the area proposed for
vacation, and all property owners adjacent to the proposed vacation were notified in
writing of said hearing.
Staff recommends the vacation on the basis of the following Finding& of Fact:
1. The above portion of the street has been determined by the Department of Public
Works to be of no present or future necessity to the general public:
a) Notice of Exemption was filed, and a finding of consistency with the General
Plan was made.
2. All of the .concerned City Departments and utility Companies were notified of the
proposal and all have iuld the opportunity to respond. Reservation of easements
for City Departments and for Public utilities have been reserved over the entire
area of the proposed vacation, and the same has been provided for in the Resolu-
tion of Intention and .the Resolution Ordering Vacation.
No special requirements have
proceedings which would require
Resolution Ordering Vacation.
Vacation for your action.
been placed upon the proponents relative to the
an inspection of the area prior to the adoption of the
Therefore, we have attached the Resolution Ordering
04/19/93
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75-0264
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DATE I mv&IBER 20 1992
.REA VACATED SHOWN THUS
/CITY ENGINEER
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CITY OF SAN BERNARDINO
PU8LlC HORKS DEPAftI. ENT
~f"EERJNG DIVISIDN
R&M.. PROPERTY IlECTIDN
STREET I ALLEY VACM'IDN I
7TH :)!l(tJ:;! BEIWEEN "D" :)!l<I:J:;!' AND "E"
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04/19/93
Requested by and when recorded mail to:
City Clerk.~.ty Hall
300 North " reet
San Bernardin . CA 92418
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
7TH STREET BETWEEN "D" STREET AND "E" STREET IN THE CITY OF SAN BERNARDINO
AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY SEWER. WATER,
STORM DRAINS. STREET LIGHTS. AND TRAFFIC SIGNALS AND APPURTENANT FACILITIES
FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS FOR GENERAL
TELEPHONE. PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON AND SOUTHERN
CALIFORNIA GAS COMPANY FOR PUBLIC lITILITIES THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Hayor and Co_on Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of 7th Street lying between "D" Street and "E" Street, lIore
particularly described in City Resolution of Intention No. 93-106, hereby
find from all of the evidence submitted that such street proposed to be
vacated by said Resolution is unnecessary for present or prospective street
purposes.
SECTION 2. The Hayor and Common Council of said City do hereby
vacate 7th Street between "D" Street and "E" Street, San Bernardino,
California, more particularly described as follows:
Beginning at the South~st corner of Lot 1, Block 52, of
the City of San Bernardino, as per plat thereof recorded
in Book 7 of Haps, Page 1, in the office of the County
Recorder of said County, said point being the intersec-
tion of the West line of "D" Street and the North line of
7th Street; thence West along the South line of said Lot
1, and the South line of Lot 2, of said Block 52, a
distance of 596.1 feet. more or less, to the Southwest
corner of said Lot 2; thence South along the Southerly
prolongation of the West line of said Lot 2, a distance
of 102.5 feet, more or less, to a point in the West line
of Lot 5, Block 45 of said City of San Bernardino, and
being the most Southerly corner of that certain property
conveyed to the City of San Bernardino by Document No.
83-102050, recorded Hay II, 1983, and being the beginning
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~TREET VACATION: PORTION OF 7TH STREET LYING BETWEEN "D" AND "E" STRJiliTS
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of a reverse tangent curve. concave Southeasterly and
having a radius of 20.00 feet. the Easterly terminus of
said curve being also tangent with the North line of said
Lot 5; thence Northeasterly along said curve to said
North line; thence East along said North line of Lots 5.
6. 7. and 8 of said Block 45. a distance of 559.83 feet.
more or less. to the most Westerly corner of that certain
property conveyed to the City of San Bernardino by Docu-
ment No. 83-268516. recorded November 15. 1983. and being
the beginning of a tangent curve, concave to the South-
west and having a radius of 20.00 feet. said curve is
also tangent at its Southerly terminus with the East line
of said Lot 8; thence Easterly and Southerly along said
curve to said point of tangency with the East line of
said Lot 8; thence North along said East line and its
Northerly prolongation. a distance of 102.5 feet. more or
less, to the Point of Beginning.
And is also described in said Resolution of Intention No. 93-106.
SECTION 3
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 are hereby
specifically reserved for the City of San Bernardino, easements in, over.
under, and across the entire area of the proposed vacation for street
lights, drainage, sewer, and water purposes. and all appurtenant facilities.
There are also specifically reserved for Southern California Edison, General
Telephone, and Pacific Bell Telephone. easements in. over. under, and across
the entire real property hereinabove described to construct, place. operate,
inspect, maintain. repair, replace and remove such aerial and underground
telephone, telegraph, and communication structures and electrical transmis-
sion structures. respectively, as the companies may from time to time
require, consisting of poles, anchors, wires, cables, conduits, manholes,
markers, and necessary fixtures and appurtenances; and there are also
specifically reserved for the City of San Bernardino and Southern California
Gas Company, easements in, over, under, and across, the entire real property
hereinabove described to construct, maintain, operate, replace, and renew,
one or more pipelines and appurtenances thereto, for the transportation of
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04/19/93
STREET VACATION: PORTION OF 7TH STREET LYING BETWEEN "D" AND "E" STREETS
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water and/or gas, respectively.
SECTION 4. 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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04/19/93
STREET VACATION:
"D" AND "E" STREETS
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PORTION OF 7TH STREET LYING BETWEEN
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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
1993, by the following vote, to-wit:
COUNCIL MEMBERS:
AYES
ABSENT
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Rachel Clark. City Clerk
The foregoing resolution is hereby approved this
day
of
. 1993.
W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman.
City Attorney
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1815 NORTH D SfREET · SAN BERNARDINO, CA 92405
P.O. BOX 23097 . SAN BERNARDINO, CA 92406
(714) 881-2621 tt FAX (714) 883-6268
Kay 6, 1993
Kayor and Common Council
City of San Bernardino,California
Dear Kayor and Kembers of the Council:
I represent the San Bernardino County Superintendent
of Schools, in the matter of the proposed Vacating
of 7th Stret, between "D" & "E" Street, San
Bernardino, California, your file #15-300321,
November 20, 1992.
On behalf of the Superintendent I advise you
that in accordance with the understanding
of conditions of the action to vacate and
transfer of title to the vacated property,
that as presented by your representative,
including the relocation of the City Police
Department to the block bounded by "E" Street,
"D" Street, and 7th and 8th Streets, .re
acceptable.
Additional conditions in transferring the eventual
title as presented by the City offices, including
RDA and EDA are agreeable and will be an integral
part of the Superintendent's continued cooperation.
If you have further questions, I will be happy
to hear fro you.
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V/;'
RE~ TOR
,
ED JACO E ,
Real Es ate Consultant to the Superintendent
of San ernardino County Schools
IB
REALTOR
Member National Association of Realtors/California Association of Realtors
San Bernardino Valley Association of Realtors and Multiple Listing Service.
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