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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution ofIntention: Vacation
of a portion of"H" Street, between Huff
Street and College Drive & Resolution
Repealing Resolution No. 2008.112.
Dept: Development Services
Date: September 4, 2008
File No.: 15.30-398
MCC Date: September 15, 2008
Synopsis of Previous Council Action:
04/07/2008 - Resolution No. 2008-112 was adopted, approving the vacation of a portion of
Crescent A venue, between Huff Street and College Drive.
04/2112008 - Authorization was given for the temporary establishment of diagonal parking on
"H" Street between College Drive and Huff Street.
07/07/2008 - Authorization was given to proceed with the proposed vacation ofa portion of"H"
Street, between Huff Street and College Drive; Plan No. 12456 showing the
proposed vacation, was approved.
Recommended Motion:
Adopt Resolutions (2).
~c.~
Valerie C. Ross
Contact person:
Ryan Sandoval
Phone:
5226
Supporting data attached: Staff Report, Maps, Resolution Ward: 3
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Account Description:
N/A
Council Notes:
Finance:
~50 2CO?-ScR 7 ~ 02ooJ~ 36cP
Agenda Item No. I q
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution ofIntention: Vacation ofa portion of"H" Street, between Huff Street and College Drive &
Resolution Repealing Resolution No. 2008-112.
BACKGROUND:
As part ofthe 1-215 freeway widening, Caltrans is acquiring the property on the west side of this portion
of"H" Street, which includes Chaparral Motorsports' parking lot. David Damron, the property and
business owner has submitted an application requesting the vacation of the portion of"H" Street, between
Huff Street and College Drive, to use as replacement on-site parking for his business. On April 21, 2008,
authorization was given for the temporary establishment of diagonal parking until the street vacation is
considered and approved.
The applicant has also previously submitted a request to vacate Crescent Avenue, also between Huff
Street and College Drive, which was approved on April 7, 2008 by Resolution No. 2008-112. However,
the applicant has determined that Crescent Avenue will provide better access and will forego that vacation
process. As a result, staff will not record the Resolution Ordering the Vacation of Crescent Avenue and
the attached resolution will repeal the previously approved Resolution No. 2008-112.
Since Caltrans has permanently closed "H" Street at its northerly terminus at Mill Street, traffic
circulation will be minimal in this area. The vacation of this portion of "H" Street will not impact the
properties along Huff Street, since they will still have access from Crescent Street north of Huff Street.
The properties along College Drive and along "H" Street, south of College Drive, will have access from
Inland Center Drive.
On July 7, 2008, authorization to proceed with the proposed vacation was given and Plan No. 12456 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 a
utility easement from Southern California Edison, So. Cal Gas Company, San Bernardino City Municipal
Water Department, the City of San Bernardino for sewer, and Verizon, which will need to be reserved as
required by law. The City of San Bernardino Fire Department is also requesting an easement for
emergency vehicle access, which will also be reserved as required.
The attached Resolution of Intention sets a public hearing for Monday, October 20, 2008. Upon approval,
the Resolution will be published in the Sun, and this portion of the street posted. At the Public Hearing, a
Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The applicant has paid the total amount of$2,000 for the completion of the vacation proceedings.
RECOMMENDA nON:
Adopt Resolutions (2).
ATTACHMENTS:
Vicinity Map
Plan No. 12456
Resolution
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Vacation
VICINITY MAP
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION OF "H"
STREET BETWEEN HUFF STREET AND COLLEGE
DRIVE.
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CITY OF SAN BERNAR91NO
PUBLIC WORK DIVtZION
/
REAL PROPE Y SECTION Sheet
PROPOSED VACATION OF A PORTiON OF "H" STREET
I BETWEEN HUFF smEET AND COLLEGE CRI/E
Area of 'lJcation shawn thus:
Approved Date:
Created by: ;.
Checked by:
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Date C/t/.;I
Date:
File No 15.30-398
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RESOLUTION NO.
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF "H" STREET,
3 BETWEEN HUFF STREET AND COLLEGE DRIVE AND RESERVING UTILITY
4 EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY VEHICLE
ACCESS.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERJ-.JARDINO AS FOLLOWS:
7 SECTION I. That the Mayor and Common Council of the City of San Bernardino
8 hereby declares its intention to order the vacation of a portion "H" Street, between Huff Street
9
and College Drive as depicted on the attached map marked as Exhibit "A" and described herein
10
as follows:
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All those portions of "H" Street, a portion of which was dedicated as Harold Avenue on
the Map of Urbita, recorded in Book 3 of Maps, Page 54, records of the County of San
Bernardino, State of California, and a portion of Lot 5, Block 28, Rancho San
Bernardino, as dedicated to the City of San Bernardino for right-of-way purposes in
Document recorded on July 9, 1926, in Book 116, Page 322 of Official Records of said
County, and a portion of Lots I, 2, 3, and 4, Block 28, Rancho San Bernardino, as
dedicated to the City of San Bernardino for right-of-way purposes in Document recorded
on July 28, 1948, in Book 2269, Page 29 of Official Records of said County, lying
between the westerly prolongation of the southerly line of Huff Street, 60 feet wide, as
dedicated to the City of San Bernardino in Document recorded on September 17, 1953, in
Book 3243, Page 59, Official Records of said County, and the westerly prolongation of
the northerly line of College Drive (formerly known as College Street), 60 feet wide, as
dedicated to the City of San Bernardino in Document recorded on September 17, 1953, in
Book 3243, Page 56, Official Records of said County.
SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
vacating the above described portion of said street, elects to proceed under and in accordance
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 4:30 p.m., on Monday, October 20, 2008, in the Council
Chambers of City Hall, 300 North "0" 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
08/20/08
/ '1~A
9'/'>-0 ~
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE
2 AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY
VEHICLE ACCESS.
3
4 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
5 further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
6 12456", approved by the Mayor and Common Council on 07/07/2008, a copy of which is on file
7 in the office of the City Clerk of said City.
8
9
10
SECTION 4. 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
11
to any public utility; and there is hereby specifically reserved for the City of San Bernardino, its
12 successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities over the
13 entire area proposed to be vacated, including the right at any time, or from time to time, to
14 construct, maintain, operate, replace and renew said sewer or appurtenances and shall include the
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right of ingress and egress thereto; and there is hereby specifically reserved for Southern
California Edison, its successors, heirs and assigns, an easement over the'entire area 'proposed to
be vacated, to construct, place, operate, inspect, maintain, repair, replace and remove any
overhead or underground electrical transmission and/or distribution structure consisting of wires,
cables, conduits, poles, pole anchors and guy wires, manholes markers and necessary fixtures
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and appurtenances and said easement shall include rights of ingress and egress; and there is
hereby specifically reserved for the City of San Bernardino Municipal Water Department, an
easement for water utility purposes over the entire area proposed to be vacated, including the
right at any time, or from time to time, to construct, maintain, operate, replace and renew one or
more pipelines or appurtenances thereto for the transportation of water and for the construction
and maintenance of water wells and related incidental purposes, including the right of ingress
08/20/08
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE
2 AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY
VEHlCL.E ACCESS.
1
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4 and egress thereto; and there is specifically reserved for Southern California Gas Company, its
5 successors, heirs and assigns, an easement over the entire area proposed to be vacated, to
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consisting of wires, cables and necessary fixtures and appurtenances and said easement shall
includes rights of ingress and egress; and there is specifically reserved for the City of San
Bernardino and its successors and assigns, an easement over the entire area proposed to be
vacated for emergency vehicle access.
SECTION 5, That the Director of Development Services of the City of San Bernardino
is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public
Streets, Highways and Service Easements Vacation Law."
SECTION 6, That the City Clerk shall certify to the adoption of this Resolution of
Intention and shall cause the same to be published once a week for two successive weeks in The
Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
set forth for the public hearing.
III
08/20108
3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF A PORTION OF "H" STREET, BETWEEN HUFF STREET AND COLLEGE DRIVE
2 AND RESERVING UTILITY EASEMENTS THEREIN AND AN EASEMENT FOR EMERGENCY
VEHICLE ACCESS.
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
7
day of
, 20_, by the following vote, to
wit:
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Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution IS hereby approved this
20
day of
Approved as to form:
PATRICK J. MORRIS, Mayor
City of San Bernardino
ES F. PENMAN
Attorney
08/20108
4
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CITY OF SAN BERNARQINO
PUBLIC WORKlfDIVI$ION
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PLAN NO, 12456 I PROPOSED VAC.~ TION OF A PORTiON OF 'W STREET
i I BET'NEE~i HUFF STRE:::r AND COLLEGE DRI'/E
Sheet 1 of 1
- -
Date:
Date tit/;!
Date:
Area of "/acation shewn thus:
File No 1530-398
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING
3 RESOLUTION NO. 2008-112 ADOPTED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO ON APRIL 7, 2008, APPROVING THE
VACATION OF A PORTION OF CRESCENT AVENUE BETWEEN HUFF STREET
AND COLLEGE DRIVE.
4
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
9 between Huff Street and College Drive, adopted on April 7, 2008, by the Mayor and Common
10
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SECTION l. That Resolution No. 2008-112 vacating a portion of Crescent Avenue
Council of the City of San Bernardino entitled:
"RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
12 VACATION OF A PORTION OF CRESCENT AVENUE BETWEEN HUFF STREET
13 AND COLLEGE DRIVE AND RESERVING PUBLIC UTILITY EASEMENTS
THEREIN."
1 RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 2008-112
ADOPTED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ON
2 APRIL 7, 2008, APPROVING THE VACATION OF A PORTION OF CRESCENT AVENUE BETWEEN
HUFF STREET AND COLLEGE DRIVE.
3
4 [ 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
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day of
, 20~, by the following vote, to
wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
~
ES F. PENMAN
Attorney
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