HomeMy WebLinkAbout17-Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Public Hearing and Resolution
Ordering Vacation of portions of 7th Street
Dept: Public Works and Vine Street between Mountain View
Avenue and Sierra Way.
Date: January 25, 2011
File: 15.30-401
Meeting Date: February 22, 2011
Synopsis of Previous Council Action:
10/18/10 - Authorization was given to proceed with the proposed vacation of portions of 7th
Street and Vine Street between Mountain View Avenue and Sierra Way, and Plan No.
12705 showing the proposed vacation,was approved.
01/24/11 - Resolution No. 2011-12 was adopted, declaring the intention to vacate portions of 7th
Street and Vine Street between Mountain View Avenue and Sierra Way, and setting a
public hearing for February 22, 2011.
Recommended Motion:
1. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from
the Public Works Director, as to why the portions of 7th Street and Vine Street between
Mountain View Avenue and Sierra Way are no longer necessary for public utility purposes, be
adopted.
AND
2. Adopt Resolution.
Nadeem M raj
Contact Person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report, Maps,Resolution Ward(s): 1
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)N/A
Acct. Description: N/A
Finance:
Council Notes: se
Agenda Item No. l
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Public Hearing and Resolution Ordering Vacation of portions of 7th Street and Vine Street
between Mountain View Avenue and Sierra Way.
BACKGROUND:
On September 8, 2008, an application was received from the San Bernardino City Unified
School District (SBCUSD), requesting the vacation of a portion of 7`" Street and Vine Street
between Mountain View Avenue and Sierra Way. This portion of 7th Street was dedicated as a
public right-of-way easement on the Plan of the City of San Bernardino, thus the City does not
own any portion in fee. Vine Street (formerly Barton Street) was dedicated by separate
documents from each of the adjacent owners, and as determined in a title report from First
American Title Company, Vine Street is owned in fee by SBCUSD. SBCUSD owns all the
parcels directly adjacent to these portions of 7th Street and Vine Street, and is planning to
construct the new Lincoln II Elementary School where the streets currently exist, and there will
be no future need for these streets as public right-of-way.
On October 18, 2010, authorization to proceed with the proposed vacation was given and Plan
No. 12705 was approved. City departments, utility companies and other government entities
were notified of the proposal and were given the opportunity to submit easement reservations
and any comments or conflicts. Several responses were received and all were favorable of the
vacation. There were requests to reserve utility easements for existing facilities from the City of
San Bernardino (sewer), San Bernardino Municipal Water Department, Southern California
Edison and Verizon, which will need to be reserved as required by law. All named utilities have
indicated that they will only need temporary easements as their existing utilities will be relocated
or abandoned, except for the City of San Bernardino (sewer), which has a 33-inch sewer main
located within 7t" Street that will not be relocated or abandoned.
On January 24, 2011, Resolution No. 2011-12 was adopted declaring the City's intention to
order the vacation of portions of 7th Street and Vine Street between Mountain View Avenue and
Sierra Way, and set a public hearing for February 22, 2011. The Resolution was published in the
Sun newspaper, and those portions of the streets proposed to be vacated were posted. The
applicant requesting the street vacation and all affected property owners in the area were notified
of the public hearing.
There appears to be no further necessity for the area proposed for vacation for public street
purposes, and staff recommends the vacation based on the following facts:
1. The Public Works Director has determined that the proposed vacation is of no further
necessity to the general public, except for easements to be reserved as stated herein.
2. It does not conflict with the General Plan.
3. There have been no objections by any adjoining property owners.
4. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted.
2
Staff Report Continued
5. There were requests to reserve temporary easements from the City of San Bernardino, the
San Bernardino Municipal Water Department, Southern California Edison, Verizon and a
permanent easement for City sewer. The easements will be reserved as required by law.
FINANCIAL IMPACT:
There is no financial impact associated with this action. The petitioner has paid the total amount
of$2,000 for the completion of the vacation proceedings.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12705
- Resolution
3
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PUBLIC WORKS DEPARTMENT PROPOSED VACATION OF A PORTION OF 7TH STREET
3a REAL PROPERTY SECTION AND VINE STREET, BETWEEN MOUNTAIN VIEW
AVENUE AND SIERRA WAY, IN THE CITY OF SAN
BERNARDINO.
® Indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval j Date: 08/09/2010
PTN . CffY O SAN
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Oct 0140-293-20 0140-293-26 I AREA TO BE USED FOR THE
CONSTRUCTION OF THE NEW
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0135-032-28
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CITY OF SAN BERNARDINO PLAN NO. 12705 PROPOSED VACATION OF 7TH STREET AND VINE STREET,
PUBLIC WORKS DIVISION BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY,
Sa in REAL PROPERTY CTION Sheet 1 of 1
LEGEND: IN THE CITY OF SAN BERNARDINO.
Approved: i Date: I�0 a Area of vacation shown thus:
C4 Engineer
Created by: Ran Sandoval Date: 03/02/2010
Checked by: Laszlo Fogassy Date: File No. :15.30-401
fi
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN
MOUNTAIN VIEW AVENUE AND SIERRA WAY AND RESERVING UTILITY
4 EASEMENTS THEREIN.
I
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways,
g and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and
9 Highways Code, the Mayor and Common Council of the City of San Bernardino, having heard
10 the evidence offered in relation to the proposed vacation of portions of 7th Street and Vine Street
11
between Mountain View Avenue and Sierra Way, described in Resolution of Intention No.
12
13 2011-12, hereby find from all of the evidence submitted that proper notice has been given and
14 that such streets proposed to be vacated by this Resolution are unnecessary for present and
15 prospective street purposes.
16 SECTION 2. The Mayor and Common Council of said City do hereby vacate those
17 portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way, more
18 fully described as follows:
19
That portion of 7th Street as delineated on the City of San Bernardino as per plat recorded
20 in Book 7 of Maps, Page 1, Official Records of San Bernardino County, State of
21 California, more particularly described as follows:
22 All that portion of 7th Street lying between the east line of Mountain View Avenue (82.5
.feet wide) and the west line of Sierra Way(82.5 feet wide).
23
AND
24
That portion of Vine Street in Block 49 of the City of San Bernardino as per plat recorded
in Book 7 of Maps, Page 1, Official Records of said County, more particularly described
26 as follows:
27 All that portion of Vine Street lying between the east line of said Mountain View Avenue
2s
(82.5 feet wide) and the west line of said Sierra Way (82.5 feet wide), being the south 15
�-�
-1
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
3 feet of Lots 5, 6, 7, 8 and the north 10 feet of Lots 1, 2, 3, 4 of said Block 49, together
with that certain parcel of land as described in the Easement recorded on February 23,
4 1988, as Document No. 88-053784, Official Records of said County, and further
5 described as follows:
6 That portion of Lot 8, of said Block 49 of the City of San Bernardino as per plat recorded
in Book 7 of Maps, Page 1, records of said County, described as follows:
7
Beginning at the point of intersection of the west line of Sierra Way and the north line of
8 said Vine Street;
9 Thence north along said west line of Sierra Way, a distance of 20 feet;
10
Thence southwesterly in a straight line to a point on the north line of said Vine Street,
11 said point being 20 feet west of the point of beginning;
12 Thence east along said north line of Vine Street, a distance of 20 feet, to the point of
I
13 beginning;
14 Together with the north 2.50 feet of the south 17.50 feet of those portions of Lots, 6, 7,
and 8, of said Block 49.
15
16 EXCEPTING therefrom the west 75 feet of said Lot 6 and that portion described above.
17 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other
18 existing easement for public utility purposes belonging either to the City of San Bernardino or to
19 any public utility that existed prior to these vacation proceedings; and there is hereby specifically
20 reserved for the City of San Bernardino, its successors, heirs and assigns, a permanent easement
21
for sanitary sewer and appurtenant facilities over the entire portion of 7tn Street proposed to be
22
23 vacated, including the right at any time, or from time to time, to construct, maintain, operate,
24 replace and renew said sewer or appurtenances and shall include the right of ingress and egress
25 thereto; and there is hereby specifically reserved for the City of San Bernardino, its successors,
26 heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities over the
27 entire portion of Vine Street proposed to be vacated, including the right at any time, or from time
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j RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
3 to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and shall
4 include the right of ingress and egress thereto; and there is hereby specifically reserved for
5 Southern California Edison, its successors, heirs and assigns, a temporary easement over the
6
entire portion of 7th Street proposed to be vacated to construct, place, operate, inspect, maintain,
7
repair, replace and remove any overhead or underground electrical transmission and/or
8
9 distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires,
10 manhole markers and necessary fixtures and appurtenances and said easement shall include
11 rights of ingress and egress; and there is specifically reserved for Verizon, its successors, heirs
12 and assigns, a temporary easement over the entire portion of 7th Street proposed to be vacated to
13 construct, place, operate, inspect, maintain, repair or replace underground and overhead
14
structures consisting of wires, cables and necessary fixtures and appurtenances and said
15
16 easement shall include rights of ingress and egress; and there is hereby specifically reserved for
17 the City of San Bernardino Municipal Water Department, a temporary easement for water utility
18 purposes over the entire area proposed to be vacated, including the right at any time, or from
19 time to time, to construct, maintain, operate, replace or renew one or more pipelines or
20 appurtenances thereto for the transportation of water and for the construction and maintenance of
21
water wells and related incidental purposes, including the right of ingress and egress thereto. The
22
23 temporary easements set forth herein shall terminate upon relocation or abandonment of the
24 affected utilities.
25 SECTION 4. It is hereby determined that the vacation of said streets are categorically
26 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to
27 Class 1, Section 15301(c).
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
3 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
4 this Resolution with the San Bernardino County Recorder's office.
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS
OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY
2 AND RESERVING UTILITY EASEMENTS THEREIN.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof
6
held on the day of , 2011, by the following vote,to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
9 MARQUEZ
10 VACANT
11 BRINKER
12 SHORETT
13
KELLEY
14
15 JOHNSON
16 MCCAMMACK
17
18
City Clerk
19
20 The foregoing resolution is hereby approved this day of , 2011.
21
22
PATRICK J. MORRIS, Mayor
23 City of San Bernardino
Approved as to form:
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SY oc! a/ CdNn S,P�
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