HomeMy WebLinkAbout12-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
jUII\I~
Subject: Resolution ofIntention:
Vacation ofa portion of3rd Street,
West of Kendall Avenue, East of"K"
Street.
Dept: Development Services
Date: April 20, 2001
Synopsis of Previous Council Action:
File No. 15.30-357
MCC Date: 05-21-2001
03/19101 - Authorization to Proceed with the proposed vacation of a portion of 3'd Street, West
of Kendall A venue, East of "K" Street was given and Plan No. 10212 was approved.
11/20/00 - Resolution No. 2000-325, authorizing the execution of a Construction and
Maintenance Agreement with the Southern California Regional Rail Authority (SCRRA) to
construct the Redlands Subdivision "First Mile" improvements.
Recommended Motion:
Adopt Resolution.
~~
Contact person: Eileen Gomez, Real Property Specialist Phone: 5328
Supporting data attached: Staff ReportlMapslReso. Ward: 1
FUNDING REQUIREMENTS: Amount: $1,000.00
Source: (Acct. No.) 001-182-5011-0000
(Acct. Description> Real Property Salaries ~
Finance:~/ (/~
7
Council Notes:
5 h1/0J
Agenda Item No. l~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention - Vacation of a portion of 3rd Street, West of Kendall Avenue, East of
"K" Street.
BACKGROUND:
On November 20, 2000, the City of San Bernardino and the Southern California Regional Rail
Authority (SCRRA) entered into a construction and maintenance agreement for the Redlands
Subdivision "First Mile" Track Construction and Inland Empire Maintenance Facility. This $6
million dollar Metrolink facility is projected to cost the City $370,382, which represents the
City's share of the additional work included in the construction portion of the contract. Both
parties have agreed to vacate a portion of 3rd Street (at no expense to SCRRA) for use by
SCRRA for the Redlands Branch lead track. SCRRA is a joint powers authority of five county
transportation agencies that build, maintain and operate the Metrolink commuter railroad system
within Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties.
On March 19, 2001, staff was authorized to proceed with the proposed vacation and Plan No.
10212 was approved, City departments, utility companies and all adjacent 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. The City Water
Department and Charter Communications submitted requests to reserve easements for their
existing facilities, which will be reserved in the Resolution of Intention.
The attached Resolution ofIntention sets a public hearing for June 18, 2001. Upon approval, the
Resolution will be published in the Sun, the street posted and adjacent property owners will be
given mailed notification of the public hearing. At the Public Hearing, a Resolution Ordering
Vacation will be submitted for your action.
FINANCIAL IMPACT:
Staff time to process vacation will not be reimbursed from any processing fees and therefore will
be paid for from Real Property Salaries (Account No. 001-182-5011-0000). The salaries are
already included in the budget so there will not be any additional costs to the City.
RECOMMENDATION:
Staff recommends approval of attached Resolution of Intention.
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Portion of 3rd Street to be
vacated
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of a portion of
3rd Street, between Kendall
Avenue and "K" Street
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: 15. "'- !'Sl
Created by:)... H~
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1
2
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF 3RD STREET, WEST
OF KENDALL A VENUE, EAST OF "K" STREET.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
7
hereby declares its intention to order the vacation of a portion of 3"' Street, West of Kendall
8
9 Avenue, East of"K" Street, as described in Exhibit "A" attached hereto,
10 SECTION 2, That the Mayor and Common Council of the City of San Bernardino, in
11 vacating the above described portion of said street, elects to proceed under and in accordance
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with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
being Division 9, Part 3, of the Streets and Highways Code of the State of California,
SECTION 3. That the hour of 10:00 a.m" on June 18,2001, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when
and where all persons interested in or objecting to the proposed vacation may appear before the
said Mayor and Common Council and offer evidence in relation thereto. For further particulars
as to the proposed vacation, reference is made to that map marked "Plan No. 10212", approved
on March 19, 2001, 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
23 asements for public utility purposes belonging either to the City of San Bernardino or to any
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ublic utility and there is hereby specifically reserved for Charter Communications, its
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successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair
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27 d replace underground and overhead structures consisting of wires, cables and necessary
28 xtures and appurtenances, and said easement shall include rights of ingress and egress,
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RESOLUTION OF INTENTION - VACATION OF A PORTION 3"' STREET, WEST OF KENDALL
1 A VENUE, EAST OF UK" STREET (plan No, 10212),
2
SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
3
4 cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
5 Service Easements Vacation Law."
6 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
7 Intention and shall cause the same to be published once a week for two successive weeks in The
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10 Bernardino, prior to the above date set forth for the public hearing,
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San Bernardino County Sun, a newspaper published and circulated in the City of San
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4/23/0 I
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RESOLUTION OF INTENTION - V ACA TION OF A PORTION 3" STREET, WEST OF KENDALL
1 A VENUE, EAST OF "K" STREET (plan No, 10212),
2
I HEREBY CERnFY that the foregoing resolution was duly adopted by the Mayor and
3
4 Common Council of the City of San Bernardino at a(an) meeting
5 thereof held on the day of ,20_, by the following vote,
19
20 The foregoing resolution is hereby approved this
City Clerk
day of
,20_,
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JUDITH V ALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
3
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EXHmIT "A"
Legal Description for the vacation of a portion of 3rd Street,
West of Kendall Avenue, East of"K" Street
That portion of 3rd Street, Rancho San Bernardino, in the City of San Bernardino, County of
San Bernardino, State of California, as shown on map filed in Book 7 of Maps, Page 2, and as
described in deed to the City of San Bernardino recorded in Book 622, page 157 of deeds, and
in quitclaim deed to the City of San Bernardino recorded in Book 4805, page 81, Official
Records of said County, described as follows:
Beginning at a point on the North line of said 3rd Street, 82,50 feet wide, as shown on said
map of Rancho San Bernardino, distant along said North line South 89037'45" West, 4.56 feet
from the most westerly corner of Parcell, described in deed to San Bernardino Associated
Governments recorded December 15, 1992, as Instrument No. 92-514402, Official Records of
said county; thence South 00041 '10" East, 1.45 feet to a point on a non-tangent curve concave
Southerly having a radius of 336.00 feet, a radial line to said point bears North 00031'56"
West; thence Westerly, 55,58 feet along said curve through a central angle of 09028'38";
thence South 79059'22" West, a distance of 61.40 feet to a curve concave Southeasterly having
a radius of 1898.28 feet; thence Southwesterly, a distance of 88.37 feet along said curve
through a central angle of 02040'02"; thence South 77019'20" West, 58.68 feet to a curve
concave Southeasterly having a radius of 208.00 feet; thence Southwesterly, 144.72 feet along
said curve through a central angle of 39051'54"; thence South 37027'26" West, a distance of
16.09 feet to a curve concave Northwesterly having a radius of 2.00 feet; thence
Southwesterly, 1.81 feet along said curve through a central angle of 51048'43"; thence South
89016'09" West, a distance of 15.12 feet, more or less, to a point in the Northwesterly line of
Parcel 3, described in said Book 4805, Page 81, Official Records of said county, said point
also being the Northwesterly line of said 3'" Street; thence along said Northwesterly line North
44042'28" East, a distance of 61.61 feet to a point on the Easterly line of "K" Street, 45,00
feet wide, as said "K" Street is described in deed to the City of San Bernardino recorded in
Book 422 of Deeds, Page 238, records of said county, said point being distance southerly, a
distance of 8.54 feet along said Easterly line from the Southerly line of said 3'" Street as shown
on said map of Rancho San Bernardino, said point also being on a non-tangent curve concave
Southeasterly having a radius of 216.25 feet, a radial line to said point bears North 48019'35"
West; thence Northeasterly, a distance of 136,95 feet along said curve through a central angle
of 36017' 11" and along the Northerly line of said 3'" Street; thence continuing along said
Northerly line, North 77059'36" East, a distance of 121.49 feet to an angle point on said
Northerly line, thence continuing along said North line, North 89037'45" East, a distance of
127.27 feet, more or less, to the Point of Beginning.
Area of the above parcel is 0.12 acre or 5471 square feet more or less,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5- "2. \-() \ Item #
Vote: Ayes _ 1-, Nays ...e-
lz... Resolution # '200\ -~ I"
Abstain .A-- Absent -e-
Change to motion to amend original documents:
-
Reso. # On Attachments: v"" Contract term:
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (cin:le I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: {) - '2 '2-()\
Date of Mayor's Signature: 5- ZZ-()\
Date of Clerk/CDC Signature: 5' z3 -()\
Date Memo!bettgr "ent for Signature:
See Attached:
See Attached:
~ched:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
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 Distribnted to:
City Attorney ./
Parks & Rec.
Code Compliance
Dev. Services
./
Police Public Services
Water
Notes:
Null/Void After: -
By: L~I'\ ~zEL
Reso. Log Updated:
Seal Impressed:
~
./
Date Returned: -
Yes L No By
Yes No ./ By
Yes No~ By
Yes No ,/ By
Yes N07 By
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: -5 -;:>C) -a \
Rev ised 01/12/0 I