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HomeMy WebLinkAbout35-Public Works 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: .- 75-0262 Agenda Item No. 35 CITY OF SAN BER~RDINO - REQUEST (J)R COUNCIL ACTION STAFF REPORT r 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 2 75-0264 . ~ . . -..,... ~ @ -.. .. z @ : @ -.--T--- ,~ ~ . ! Q t. '0 t I. -- ---\---"! 4 )!. - -i- --- --:-- --'~- --- 'fr - TOR 0 P P".p.".eI IIVI Chec~.eI IIV I . DATE I mv&IBER 20 1992 .REA VACATED SHOWN THUS /CITY ENGINEER - .,.. Sheet 10f 1 ~ FlU NO.1 PLAN NO.1 9 @ . ~ . p ,"- ~ I ..t.. - N~ i _.-u -'1 . i I , ;. 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" :S~! , 1 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04/19/93 Requested by and when recorded mail to: City Clerk.~.ty Hall 300 North " reet San Bernardin . CA 92418 o 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 1 , 1 '" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~TREET VACATION: PORTION OF 7TH STREET LYING BETWEEN "D" AND "E" STRJiliTS CI (:1 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 04/19/93 2 , 1 '- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04/19/93 STREET VACATION: PORTION OF 7TH STREET LYING BETWEEN "D" AND "E" STREETS /'-', Cl -.....I 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. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 3 " 1 .. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04/19/93 STREET VACATION: "D" AND "E" STREETS o PORTION OF 7TH STREET LYING BETWEEN r~ ...., 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 rF ~ , .- 4 - o o \~<,.~ 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. ~~' 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. ~3-) \