HomeMy WebLinkAbout33-Public Works
. . - . . 0- File No. 230-279 ~
CITY OF SAN BERNARDINO - REQUEST FOR couNcil-(4CTION
From: ROGER G. HARDGRAVE, Directo\l.EC'O. - r.o t.!!N. lliliJect:
Oept: Public Works /Engineering 1989 .JUN 26 A.u, it): 20
Date: June 20, 1989
Street Vacation and Protest Hearing
10:00 am and Resolution Ordering
Vacation : frontage road, West of
Waterman Avenue, South of Caroline
S tree t
Synopsis of Previous Counc:i1 ac:tion:
03/20/89 --- Authorization to proceed was given, and Plan No. 7726 was approved.
06/05/89 --- Negative Declaration was adopted and a Finding of consistency with
the General Plan was made.
06/05/87 --- Resolution of Intention No. 89-172 was adopted, which sets a
pub 11 c heari ng date of 07117/89 for the proposed vaca ti on of the
frontage road West of Waterman Avenue, South of Caroline Street,
per attached Plan No. 7726.
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 the frontage road, West of Waterman Avenue, South of Caroline Street, is
no longer necessary for street purposes, be adopted.
2. Adopt Resolution.
cc: Marshall Julian, City Administrator
Jim Richardson, Deputy City Administrator/Development
James Penman, City Attorney
Anne DeBolt
Phone:
5328
Contac:t person:
Staff Report, Resolution, Map
Supporting data attac:hed:
Ward:
3
FUNDING REOUIREMENTS:
Amount:
None
Sourc:e: (Acct. No.)
(City initiated)
(Acc.t. Description)
Finance:
Council Notes:
06/20/89
75.0262
Agenda Item No.--3 ~3
CITY
. OF SAN BERPARDIMO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
This request to vacate the frontage road, West of Waterman, South of Caroline, was
initiated by the City of San Bernardino. The City is planning to signalize the
intersection of Waterman Avenue and Caroline Street, making ingress and egress to the
frontage road a definite safety hazard. On 03-20-89, authorization to proceed with
the proposed vacation was given, and Plan No. 7726 was approved.
Utility companies and City departments were notified of the proposed vacation on 03-
21-B9, with a reply due by 04-21-89. No negative comments were received. On 06-05-
89, Resolution No. 89-172 was adopted, reserving easements for storm drain facilities
and traffic signal equipment and appurtenant facilties, along with a reservation of an
easement for public utility purposes. That resolution sets a public hearing date of
07-17-89. On 06-28-89, the Resolution of Intention was published in a local
newspaper, and Notices were posted in the area proposed for vacation. Property owners
adjacent to the proposed vacation were notified by mail of said hearing.
On 06-05-89, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the General Plan was made.
There appears to be no further necessity for said frontage road, for either present or
future street purposes. Staff recommends the vacation on the basis of the following
Findings of Fact:
1. The above porti on of the street has been determi ned by the Department of Pub Ii c
Works to be of no further necessity to the general public:
a) Negative Declaration was adopted, and consistency with the General Plan was
found.
b) Traffic entering and leaving the frontage road will create a hazard upon
signalization of the adjoining intersection.
2. The required $400.00 fee has been waived as this was a City initiated proceeding.
a) Through informal meetings with both property owners affected by the proposed
vacation (The Sunset Group and ~he City of Riverside), concern has been
expressed by the Ci ty of Riversi de regardi ng the access to their property
(see enclosed Plan No. 7126). The Sunset Group, which is in the process of
developing the property adja~en~ to the proposed vacation, has provided
access, by dedicated alley, across their property for the City of Riverside.
3. All of the interested City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Reservations of easements
for storm drain facilities and traffic signal equipment and appurtenant facilities
was requested by the City of San Bernardino, along with a reservation of an
easement for public util ity purposes. The City of Riversi de has requested an
easement for water lines ove.r the entire area, and the same has been provided for
in the Resolution of Intention.
Therefore, we have attached the said Resolution Ordering Vacation for your action.
06/20/89
75-0264
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. CITY OF SAN BERNARDINO
PU8L1C HORKS DEPARTMENT
.--EERING DIVISION
REAL. PNWE:... V SECTION
DIRECTOR OF PUILIC KI ICITY EHBIHIER
Pr.p.r.d b!jl ~ Sheet
Checlled b!j I i of 1
DATI! I a I
ARIA VACATED SHOWN THUI
STREET I ALLEV YACRION I
VACATION CF FR.fWT1f616 R.DIt-/) --
Waf" DF WAntRMAIII /!tV''''U'',
.sOUTH OF ~~A.CUNa sntAla,-
FILE No.I/5':30- 1
PL"N NO.1 77
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CITY OF
San Bernardino
PU.LIC WOAKS DIPAIlIT..NT
ROGER G. HARDGRAVE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
July 27. 1989
File No. 15.02-279
Mr. William Holsinger
Real Properties Services Manager
Ci ty of Riversi de
Administrative Services Department
3900 Main Street
Riverside. CA 92522
Re: Vacation of Frontage Road
West of Waterman Avenuel
South of Caroline Street
Dear Mr. Holsinger:
As a courtesy to you. enclosed is a copy of the Resolution Ordering Vacation
which will be presented at the August 7. 1989. Council Meeting for approval.
We have highlighted the addition of the section covering the re-dedication of the
frontage road and the addition of the words "for the maintenance of water wells..
With the inclusion of those two specific sections the City of Riverside should be
amenable to the successful completion of the proposed vacation.
If you have any questions. of if we can be of any further help to you. please
contact Anne DeBolt in our Real Property Section at 384-5111.
Sincerely
ROGER G. HARDGRAVE .
Director of Public Works/City Engineer
VERNE J. NADEAU
Real Property Supervisor
ADB:adb
Encl
cc:
Patrick Hopkins. The Sunset Group
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300 NORTH '0' STREET. SAN BERNARDINO
CALIFORNIA 92418.0001 714'S'4.1111
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06-20-89
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN 8ERNAROINO OROERING THE VACATION
OF THAT CERTAIN FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE
STREET, IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS THEREIN.
BE IT RESOLVED BY THE MAYOR ANO COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council of the City of San
8 Bernardino, having heard the evidence offered in relation to the proposed
9 vacation of that certain frontage road, West of Waterman Avenue, South of
Caroline Street, more particularly described in City Resolution of Intention
No. 89-172, 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 Mayor and Common Council of said City do hereby
vacate that certain frontage road, West of Waterman Avenue, South of
Caroline Street, San Bernardino, California, more particularly described
as follows:
That portion of Waterman Avenue, lying within Lot 4,
Block 65 of Rancho San Bernardino, as per plat thereof,
recorded in Book 7 of Maps, Page 2, Records of San
Bernardino County, State of California, described as
follows:
Commencing at the intersection of the centerlines of
Waterman Avenue and Caroline Street; thence South 890 47'
49" West, along the centerline of said Caroline Street, a
distance of 195.09 feet; thence South 000 12' U" East, a
distance of 30.00 feet to the South line of said Caroline
Street, said point also being the True Point of
Beginning; thence South 000 01' 25" East, a distance of
40.UO feet; thence South 360 14' 39" East, a distance of
160.77 feet to a point 100.00 feet Westerly of the
centerl i ne of Waterman Avenue; thence South 000 01' 25"
East and parallel with said centerline of Waterman
Avenue, a di stance of 290.48 feet; thence South 030 29'
U" West, a distance of 256.64 feet; thence South 890 47'
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STREET VACATIOS!> FRONTAGE ROAD, WEST OF WATERMA~SOUTH OF CAROLINE
54" West, a distance of 49.66 feet; thence South 00' 01'
25" East a distance of 110.00 feet; thence North 89' 47'
54" East, a distance of 85.00 feet; thence North 04' 39'
41" East, a di stance of 367.30 feet to a poi nt 50.00 feet
Westerly of Waterman Avenue; thence North 00' 01' 25"
West and parallel with said centerline of Waterman
Avenue, a distance of 375.79 feet; thence North 05' 20'
55" liest, a distance of 60.l9 feet; thence North 47' 46'
33" West, a distance of 36.91 feet; thence South 89' 47'
49" West, parallel with the centerline of said Caroline
Street, a di stance of 112.09 feet to the True Poi nt of
Be9inning.
And is also described in said Resolution of Intention No. 89-172.
SECTION 3. This Resolution shall reserve, and nothing herein shall in any
way affect or disturb any existing easements for publiC utility purposes
11 belonging either to the City of San Bernardino or .to any public utility
12 and there is hereby reserved for the Ci ty of Ri verside, an easement and
13 right at any time, or from time to time to construct, maintain, operate,
14 replace and renew one or more pipelines and appurtenances thereto, for the
15 transportation of water, and for the maintenance of water wells, and for
16 incidental purposes, including the right of ingress and egress thereto, and
17 an easement for Pacific Bell and Southern California Edison to construct,
18 place, operate, inspect, maintain, repair, replace and remove such aerial
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06-20-89
19 and underground telephone, telegraph and communication structures and
20 electrical transmission structures respectively, as the companies may from
21 time to time require, consisting of poles, anchors, wires, cables, conduits,
22 manholes, markers and necessary fixtures and appurtenances. There is also
23 specifically reserved for the City of San Bernardino, an easement in, over,
24 under and across the North twenty-five feet (25') of the proposed area of
25 vacation, as measured at right angles to the North line thereof, for street
26 light and storm drain purposes and all appurtenant facilities.
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06-20-89
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STREET VACATION:~RONTAGE ROAO, WEST OF WATERMAN,~UTH OF CAROLINE
SECTION 4. The City of San Bernardino hereby offers and reserves
the ri ght to re-dedi cate the herei nabove descri bed property for street and
highway purposes, to be accepted at such time as necessary.
SECTION 5. 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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06-20-B9
STREET VACATION~FRONTAGE ROAD, WEST OF WATERMA~OUTH OF CAROLINE
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
, 19_____, by the following vote, to-wit:
day
of
AYES: Council Members
NAYS:
ABSENT:
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:
James F. Penman
Ci ty torney
By:
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CITY OF "b: ..,,- ...! J J'I ADMINISTRATIVE SERVICES DEPARTMENT,
~~ 3900 ~'fc'i..l . .R!~."id~ California. 92522
. - ADMIH. uFF.
PI~ 4: 19
July 27, 1989
iSS9 AUG - I
4:'
Honorable Mayor and City
City of San Bernardino
City Hall
300 North "D" Street
San Bernardino, CA 92418
RE: Vacation of a Frontage Road West of Waterman Avenue and South of
Caroline Street
Counci 1
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L.AWRENCE E. PAULSEN
Administrative Services Olrector
Administration
Property Services
714/782-5555
714/782-5461
Dear Sirs and Mesdames:
On July 17, 1989, the City Counci 1 of the City of San Bernardino conducted a
protest hearing on the proposed vacation of a frontage road west of Waterman
Avenue and south of Caroline Street. I delivered a letter dated July 14,
1989, to the City stating the objections of the City of Riverside to the
proposed vacation and also the conditions under which the City of Riverside
would concur in the vacation.
During the public hearing, I withdrew the letter and orally presented new
conditions under which the vacation would be acceptable. I took this action
under the mistaken understanding that Caroline Plaza Ltd. (Mervyn
Simchowitz) was in agreement with the conditions. Later in the hearing,
Patricia Green, on behalf of Caroline Plaza, stated that they were not in
agreement with the proposed conditions and the City Council continued the
public hearing to August 7, 1989.
We have met with representatives of your Publ ic Works Department, the City
Attorney's office, and the developer, and we believe that an acceptable
agreement may be forthcoming; however, until the City of Riverside receives
and concurs in a method of preserving access to its property (5.915 acres
owned in fee and well sand pipel ines located in the street proposed for
vacation), we object to the proposed vacation on the basis that ingress to
and egress from our land and facilities will be severely hampered, thereby
reducing the market value thereof.
Very truly yours,
anager
MWH/2229Y/k
cc: Roger Hardgrave, Director of Public Works
Patrick Hopkins, The Sunset Group
John Mirau, Attorney at Law
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08-04-89
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RESOLUTI ON NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF THAT CERTAIN FRONTAGE ROAD, WEST OF WATERMAN AVENUE, SOUTH OF CAROLINE
STREET, Itr"'rHE CITY OF SAN BERNARDINO, RESERVING EASEMENTS THEREIN, AND
AGREEING TO RE-DEDICATE HEREINABOVE DESCRIBED FRONTAGE ROAD AT SUCH FUTURE
TIME AS NECESSARY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of that certain frontage road, West of Waterman Avenue, South of
Caroline Street, more particularly described in City Resolution of Intention
No. 89-172, 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 Mayor and Common Council of said City do hereby
vacate that certain frontage road, West of Waterman Avenue, South of
caroline Street, San Bernardino, California, more particularly described
as follows:
That portion of Waterman Avenue, lying within Lot 4,
Block 65 of Rencho San Bernardino, as per plat thereof,
recorded in Book 7 of Maps, Page 2, Records of San
Bernardino County, State of California, described as
follows:
commencing at the intersection of the centerlines of
Waterman Avenue and Caroline Street; thence South 89' 47'
49" West, along the centerline of said Caroline Street, a
distance of 195.09 feet; thence South 00' 12' 11" East, a
distance of 30.00 feet to the South line of said Caroline
Street, said point also being the True Point of
Beginning; thence South 00' 01' 25" East, a distance of
40.00 feet; thence South 36' 14' 39. East, a distance of
160.77 feet to a point 100.00 feet Westerly of the
centerline of Waterman Avenue; thence South 00' 01' 25.
East and parallel with said centerline of Waterman
Avenue, a distance of 290.48 feet; thence South 03' 29'
11. West, a distance of 256.64 feet; thence South 89' 47'
54' West, a distance of 49.66 feet; thence South 00' 01'
25. East, a distance of 110.00 feet; thence North 89' 47'
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nA_n4_AQ
STREET VACATI<:) FRONTAGE ROAO, WEST OF WATER(~ SOUTH OF CAROLINE
\
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S4" East, a distance of 8S.00 feet; thence North 04' 39'
41" East, a distance of 367.30 feet to a'point SO.OO feet
Westerly of Waterman Avenue; thence North 00' 01' 2S"
Wt and parallel with said centerline of Waterman
Avenue, a distance of 375.79 feet: thence North OS' 20'
55" West, a distance of 60,19 feet: thence North 47' 46'
33" West, a distance of 36.91 feet: thence South 89' 47'
49" West, parallel with the centerline of said Caroline
Street, a distance of 112.09 feet to the True Point of
Beginning.
And is also described in said Resolution of Intention No. 89-172.
SECTION 3. This Resolution shall reserve, and nothing herein
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 reserved for the City of Riverside,
an easement and right at any time, or from time to time to construct,
maintain, operate, replace and renew one or more pipelines and appurtenances
thereto, for the transportation of water, and for the construction and
maintenance of water wells, and for incidental purposes, inclUding the right
of ingress and egress thereto, and an easement for ingress and egress from
Caroline Street to Parcels 4 and 5 of Parcel Map No. 11148, as per plat
thereof, recorded in Book 135 of Parcel/ Maps, Pages 30 and 31, Records of
the County of San Bernardino, State of California, and an easement for
Pacific Bell and Southern California Edison to construct, place, operate,
inspect, maintain, repair, replace and remove such aerial and underground
telephone, telegraph and communication structures and electrical
transmission 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. There is also
specifically reserved for the City of San Bernardino, an easement in, over,
under and across the North twenty-five feet (2S') of the proposed area of
vacation, as measured at right angles to the North line thereof, for street
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08-04-89
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STREET VACATI<:) FRONTAGE ROAO, WEST OF WATERM~ SOUTH OF CAROLINE
lfght and storm drafn purposes and all appurtenant fecflftfes.
SECTION 4. The Cfty of San Bernardfno hereby offers to re-
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dedfcate the herefnabove described property for street and hfghway purposes,
to be accepted at such tfme as necessary.
SECTION 5. The Cfty Clerk of the City of San Bernardino shall
cause a certfffed copy of thfs resolutfon to be recorded fn the offfce of
the County Recorder of the County of San Bernardfno.
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08-04-89
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STREET VACATI~ FRONTAGE ROAD. WEST OF WATERMt:) SOUTH OF CAROLINE
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:
AYES: Council Members
NAYS:
ABSENT:
C1 ty Clerk
The foregoing resolution is hereby approved this
. 19
day of
.
W. R. Holcomb. Mayor
City of San Be~nard1no
Approved as to form
and legal content:
James F. Penman
C1 ty Attorney
'1
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By: '.JVA..o-~ :lf~
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