The URL can be used to link to this page

Home My WebLink About2011-304 1 2 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 RESOLUTION NO. 2011-304 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF SPRUCE STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON A VENUE AND RESERVING UTILITY EASEMENTS THEREIN. 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 hereby declares its intention to order the vacation of a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue as depicted on the attached map marked as Exhibit "A" and described herein as follows: That portion of Spruce Street (60 feet wide) as delineated on the Tompkins Subdivision as per plat recorded in Book 5 of Maps, Page 98, Official Records of San Bernardino County, State of California, together with that portion of Spruce Street as dedicated on Parcel Map No. 17809 as per plat recorded in Book 228 of Parcel Maps, page 54-55, Official Records of said County, and more particularly described as follows: Beginning at the southwest comer of Lot I, Block 2 of said Tompkins Subdivision, said point also being on the north line of said Spruce Street; Thence southerly along the southerly prolongation of the west line of said Lot 1; a distance of 60 feet, to the north line of Parcell of said Parcel Map No. 17809, said line also being the south line of said Spruce Street; Thence easterly along said north line of Parcel I and said south line of Spruce Street, a distance of 121.81 feet; Thence southeasterly, North 420 16' 29" West, a distance of 34.16 feet, more or less, to the west line of Mt. Vernon A venue (44 foot half width); Thence north along said west line ofMt. Vernon Avenue to a point on the south line of said Lot 1 of Tompkins Subdivision, said point being 2.75 feet west of the southeasterly corner of said Lot 1 and also being on said north line of Spruce Street; Thence west along said south line of Lot 1 and said north line of Spruce Street, to the Point of Beginning. 1 2 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 2011-304 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE V ACA TION OF A PORTION OF SPRUCE STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON A VENUE AND RESERVING UTILITY EASEMENTS THEREIN. SECTION 2. The Mayor and Common Council of the City of San Bernardino, in vacating the above described portion of said street, elects to proceed 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. The hour of 4:30 p.m., on Monday, December 19,2011, 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. F or further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 12798", approved by the Mayor and Common Council on 08/15/2011, a copy of which is on file in the office of the City Clerk of said City, and attached hereto as Exhibit "B". SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility that existed prior to these vacation proceedings; and there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a permanent easement for sanitary sewer and appurtenant facilities over the entire portion of Spruce Street proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, a permanent easement over the west five 2011-304 1 2 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE V ACA TION OF A PORTION OF SPRUCE STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON A VENUE AND RESERVING UTILITY EASEMENTS THEREIN. (5) feet of Spruce Street proposed to be vacated together with a temporary easement over the entire portion of Spruce Street 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, manhole markers and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Southern California Gas Company, its successors, heirs and assigns, an easement over the entire area proposed to be vacated, to construct, place, operate, inspect, maintain, repair and replace underground pipes and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Verizon, its successors, heirs and assigns, an easement over the entire portion of Spruce Street proposed to be vacated to construct, place, operate, inspect, maintain, repair or replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is hereby specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a temporary easement for street surface drainage and appurtenant facilities over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, place, maintain, operate, inspect, repair, replace or remove storm drains or appurtenances including the right of ingress and egress; and there is hereby specifically reserved for the City of San Bernardino Municipal Water Department, a permanent easement for water utility purposes over the entire areas proposed to be vacated, including the right at any time, or from time to time, to construct, 1 2 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 2011-304 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE V ACA TION OF A PORTION OF SPRUCE STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN. 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 and egress thereto. The temporary easements set forth herein shall terminate upon relocation or abandonment of the affected utilities. SECTION 5. The Director of Public Works 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. 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. //1 2011-304 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE V ACA TlON OF A PORTION OF SPRUCE STREET 2 BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 6 and Common Council of the City of San Bernardino at a ioiot regular meeting 7 thereof, held on the 21 stday of November , 20 II, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 21 22 23 24 Council Members: AYES MARQUEZ x JENKINS X X BRINKER SHORETT X - KELLEY X x JOHNSON x MCCAMMACK NAYS ABSTAIN ABSENT (2~.~. ~ Ra~ark, CMC, City Clerk U?~ Frederic E. Shorrett, Mayor Pro Tern City of San Bernardino Approved as to form: 25 JAMES F. PENMAN, 26 City Attorney 27 By: ~t~/ ~ I~ 7~ 1- "~-1' ~ 28 44/ ~ ~"'?'~' &~.;, "'''~".-... ~~f Highland Ave. Base Line 8t. 9th 5t /~ g <<' 5th 51. MillSt. LOCATION OF PROPOSED STREET VACATION (SEE DETAIL f'\? 2011-304 /' / " "- oj \ \ \ . < c 2 I \ \ '" c o c c ~6th 8t ~ , " :i / / /' 5th St. "- " DETAIL f'\' 40th S1. ~ '" . ~ c ii5 . . E ~ . . in " ~ Orange how Rd. .; > << ~ o c ~ ~ ~ ~ i= .. . o J\f {J VICINITY MAP w II CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT REAL PROPERTY SECTION ~ Indicates un-incorporated areas within City's ~ Sphere of Influence NT5 :J' PROPOSED VACATION OF A PORTION OF SPRUCE STREET WEST OF MT. VERNON AVENUE AND NORTH OF 5TH STREET, IN THE CITY OF SAN BERNARDINO. Created by: Ryan Sandoval Date: 07/05/2011 ~ - -6TH~STREET- I 6 1 SO. 5 ~ OjCb 4 l NOTE: ALL PROPERTIES ADJACENT TO THE PROPOSED STREET TO BE VACATED ARE CURRENTLY OWNED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. 7 8 3 ~ ~ 9 2 ~ 25 I 25 7. 41.251 10 I po, so 50 50 50 100 6 1 I 44 1 I PAR. :t I 1 I I" J I << I I ~"<'P.i ':l':l I 0' 'br:5 II I 'J:-G "\~ 1 Q.~ O. ",'b 1 ~'), "T" 1 ~. r 1 I Q.' -----1 I 10 1 1 44 I I 1."50.46 '" 0 -i "! '" :.;: 5TH -STREET '" '" "! "! :.;: :;; I I .~ ~,~.. '";";~ \i"'" . .. , " . CITY OF SAN BERNARDINO PUBLIC WORKS OEPARTMENT . R SECTION PLAN NO. 12798 PROPOSED VACATION OF A PORTION OF SPRUCE STREET WEST OF MOUNT VERNON AVENUE AND NORTH OF 5TH STREET, IN THE CITY OF SAN BERNARDINO. Approved: Created b : Sheet -1.. of .1 Date: LEGEND: Area of vacation shown thus: V///////////1 Date: 07/05 011 ""....__1..._.... ....... I .....__1.... c...._...."'..... r""Io_.L_. ~ .&.- .. L;I... 1il.1... .",c. ']n Aof"J