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Home My WebLink About27-Public Works 'crk OF SAN BERNARDtlfO - REQU~l.f NFdFt3C~UNCIL AC~ON Depl: Public Works /Engineering November 13, 1987 p'-C'D -ADIU"edlF' . Street Vacation: Protest Hearing ,,'- . 10:00 am and Resolution Ordering 1;J7 :':.:1 23 ~: i Vacation :Portion of the Northwest """ ,f 40t' St. ',d K"d"~ From: ROGER G. HARDGRAVE, Director Dale: Synopsis of Previous Council action: 09/08/87 _u Your Honorable Body adopted the Negative Declaration issued by the Environmental Review Committee, and a finding of consistency with the General Plan was made. 11/02/87 --- Your Honorable Body adopted Resolution of Intention No.87-391, which sets a public hearing date of December 7, 1987 for the proposed vacation of a portion of the Northwest corner of 40th Street and Kendall Drive per attached Plan No. 7254 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 a portion of the Northwest corner of 40th Street and Kendall Drive is no longer necessary for street purposes, be adopted. 2. Adopt Resolution. cc: Raymond Schweitzer, City Administrator Warren Knudsen, Director of Finance James Penman, City Attorney Contact person: Les Fogassy Phone: 5334 Supporting datI luached: Staff Report, Resolution,Map Ward: 5 FUNDING REQUIREMENTS: Amount: Wages on W.O. 01266 Source: (ACCT. NO.) (ACCT. DESCRIPTION) 001-000-41787 Vacation filing fees Finance: Council Noles: ..,,,,. 'elk OF SAN BERNARDIR'O - REQU~T FOR COUNCIL ACt10N STAFF REPORT Upon recelvlng a request from 100% of the adjoining owners to vacate a portion of the Northwest corner of 40th Street and Kendall Orive, and after notification of all interested City Department Heads and Utility Companies, your Honorable Body approved the attached Plan No. 7254 and authorized this office to proceed on September 8, 1987. On the same date, the Resolution of Intention, which contains the reservation of a Public Utility easement was approved. As required by law, the portion proposed for vacation was posted by this office on November 18, 1987 and the Resolution was published on the same date. In the opinion of this Division, there is no further necessity for a portion of the Northwest corner of 40th Street and Kendall Drive either for present or prospective street purposes. Therefore, we recommend 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 1 i c Works to be of no further necessi ty to the general pub 1 i c. a) On September 8, 1987, the Negative Declaration issued by the Environmental Review Committee was approved, and a finding of consistency with the General Plan was made. 2. 100% of the adjoining property owners have requested the proceedings and the required $400.00 fee has been paid. a) By virtue of the posting and publication of the proposal, neither thisoffice nor the City Clerk's office has received any written protests against the vacation as of this date. 3. All of the interested City Department Heads and Utility Companies were notified of the proposal and all have given their respective consent. A reservation of an easement for Public Utilities was requested, however, and the same has been provided for in the Resolution of Intention. No special requirements have been placed upon the proponents relative to the proceedings which would require an inspection of the area prior to the adoption of the Resolution Ordering Vacation. Therefore, we have attached the said Resolution Ordering Vacation for your action. 11-13-87 7".n?l':.1I. ........ 1""....... '- " ....,; , ,. ,,;' Muscup'ob~ Rancho M.l 7/2' Por. S~IIOfIS I' ( 21, T /N.,RAW. " ~~ -A( ~.. "'0 ~ "o( ~ AREA' 70 BE V"cIITE /) Cu. CII..T2, ". ..r"..) ~ 'f"+...~ HI. CG1Il /tW 1/4 " ~c..;&1 I _ ./S~__ .--L _ /t!'I' _ -.....- - ~ ~~ ~(" .$(.... l::: 100' DI OR OF PUBLIC W KS IC Pr.p.red b!ll 1.. /i::g~ She.t ChecKed b!j : Lo /'7 '. " DATE I <!J _ '''.'''' r / o~ AREA VACATED SHOWN THUS ~ FILE NO.1 40Nt , St _0_ ... ~ ~ D~ ~ "-- ~ I ~I -! ~ CITY OF SAN BERNARDINO PUBLIC HORKS DEPARTMENT ENGINEERING DIVISION REM. PR(Il-ERTV SECTION STREET / M.LEV VACATION I POf(T/tJ/II DF TH~ )/t1llr1lweST CoRJ/lilt OF 40 ~ ST. 0IIt1 /(EJlbRLL DR.. L \ .""". -' ,j AREA To BE VACATE. D ~NrOF BEGINAlINt; A!/W ~-::~<-....;" /' / ........ (]) L-16J,LJ" A.CJ~.r'7~. 2. ~~a' /' l-/45..n" I ' \ 0 J!.M.OO' 3 ~,~I /'" "'6O"11'ZO' '~I / r.n.5Z' I~ ~I/' ~ L'''.fl' I~ ~lI;l ~ r.. \~/ :.., \ 1.1/ .I!~ 74.00' J3.ll-00'/0. /" '-I ~I T< ~8" /' ,-/7.70' .jll''''iff ,O.)J $'fi. , /0' iD ~ /' _ ../'" ~ s 60.2S'O~"E" Z' i:'ENDALL - OJelvE DETAil.. " Pr.p.r.d b!ll /.. rdlSlISrY' Ch.ck.d b~ : L,~tJ... ','1'-~..( DATE: o,~ D%'-'7 AREA VACATED SHOWN THUS Sh..t 2.of :l CITY OF SAN BERNARDINO PUBLIC HORKS DEPARTMENT ENGINEERING DIVISION REAL PROPERTY SECTION ~~ STREET / ALLEY VACATION I PORTIO" OF 7H6 NOkrN6RsT COlIN_it DF 'I"" S.- till. Ifl:N,9I.L DIt. FILE 140.: IS.SD-lS''f PLAH 140.1 7t5'! 11_1':L'17 Cc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " ....",/ 1 2 3 4 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING A PORTION OF THE NORTHWEST CORNER OF 40TH STREET AND KENDALL DRIVE IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN. BE IT RESOLVED BY THE r,lAYOR AND CO~mON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 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 a portion of the Northwest corner of 40th Street and Kendall Drive described in City Resolution of Intention No. B7-391, 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 Ci ty do hereby vacate a portion of the Northwest corner of 40th Street and Kendall Drive, San Bernardino, California, more particularly described as follows: That portion of the Northwest one Quarter of Section 21, Township 1 North, Range 4 West, San Bernardino Meridian, as the lines of the Government Survey may be extended across the Rancho Muscupiabe, as per plat thereof recorded in Book 7 of Maps, page 23, records of the County Recorder of the County of San Bernardino, State of California, described as follows: Commencing at the point of intersection of the Southwesterly 1 ine of the San Bernardino Flood Control Channel and the Northerly line of 40th Street, 60 feet wide; thence South 890 31 54" West and parallel with the centerline of said 40th Street, a distance of 233.00 feet to the True Point of Beginning; thence South 000 21' 00" East, a distance of 1.86 feet, to the beginning of a 163.21 foot non-tangent curve, concave to the Southeast, a radial from said beginning bears South 300 14' 5B" East; thence Southwesterly, along said curve, through a central angle of 060 29' 25", an arc distance of 1B.49 feet, to the beginning of a 36.00 foot reverse curve, concave to the North, a radial from said beginning bears North 360 44'23" West; thence Westerly, along said curve, through a central angle of 660 19' 20", an arc di stance of 41.67 feet, to the begi nni ng of a 78.00 foot reverse curve, concave to the Southwest, a radial from said begi nni ng bears South 290 34' 57" ,lest; thence Northwesterly, along said curve, through a central angle , 11-13-37 1 2 3 4 5 6 7 8 of 130 00' 10", an arc distance of 17.70 feet, to the beginning of a 78.00 foot reverse curve, concave to the Northeast, a radial from said beginning bears North 160 34' 47" East; thence Northwesterly, along said curve, through a central angle of 130 00' 00", an arc distance of 17.70 feet to the intersection of the Northeasterly line of Kendall Drive and the Northerly line of 40th Street; thence North 890 33' 54" East, along the Northerly 1 i ne of sa i d 40th Street, a di stance of 87.22 feet to the True Point of Beginning. And is also described in said Resolution No. 87-391. SECTION 3. This Resolution shall reserve, and nothing herein shall 9 in any way affect or disturb each and every existing easement for pUblic 10 utility purposes belonging either to the City of San Bernardino or to any 11 public utility and there is further reserved for present and future general 12 public utility purposes and for this City an easement reasonably necessary 13 to locate public utility and appurtenant facilities over, in, under or 14 across the real property described hereinbefore along with the right to use, 15 install, maintain, repair, replace or renew such facilities and those 16 reserved by Resolution of Intention No. 87-391. 17 SECTION 4. The City Clerk of the City of San Bernardino shall 18 cause a certified copy of this resolution to be recorded in the office of 19 the County Recorder of the County of San Bernardi no. 20 21 22 23 24 25 26 27 28 ***** * * * * * c 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 /"'-, i..,..,< /- '-., \ , j ......1 1 I IIEREny CERTIFY that the fore'loin'l resolution was duly adopted hy 2 the Mayor and Common Council of the City of San Bernardino at a --------- rleeti ng thereof hel d on the day of 1987, by the following vote, to-wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19B7. Mayor of the City of San Bernardino Approved as to form and legal content: 1\ ./1 ;/ ri';i(",,:.:n"~ ,j