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Home My WebLink About12-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution of Intention: Vacation of a portion of 25h Street between "G" Dept: Development Services Street and "F" Street, and a portion of Berkeley Avenue between 25h Street and Date: April 1,2010 26'Street. File: 15.30-404 MCC Date: May 3,2010 Synopsis of Previous Council Action: 06/15/09 - Authorization was given to proceed with the proposed vacation of a portion of 25h Street between "G" Street and "F" Street, and a portion of Berkeley Avenue between 25h Street and 260' Street; and Plan No. 12651 showing the proposed vacation, was approved. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report,Maps, Resolution Ward(s): 7 FUNDING REQUIREMENTS: Amount: None Source: (Acct.No.)N/A Acct. Description: N/A Finance: Council Notes: o >2cyo ^J8' Agenda Item No. /121 5_3 -20 �0 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution of Intention: Vacation of a portion of 25th Street between "G" Street and 'T" Street, and a portion of Berkeley Avenue between 25th Street and 26h Street. BACKGROUND: On March 13, 2009, an application was received from Jorge Mendez on behalf of the San Bernardino City Unified School District (SBCUSD), requesting the vacation of 25th Street between "G" Street and "F" Street, and a portion of Berkeley Avenue between 25th Street and 26 1h Street. The Map of Bonita Gardens dedicated as public right-of-way both 25th Street and Berkeley Avenue (College Avenue), thus the City does not own any portion in fee. SBCUSD owns all the parcels directly adjacent to this portion of 25th Street and Berkeley Avenue and is planning to construct the new Wilson II Elementary School where the streets currently exist. Since SBCUSD plans to construct the new proposed Wilson II Elementary School over 25th Street and Berkeley Avenue, there will be no future need for these streets as public right-of-way. The Environmental Impact Report (EIR) for Wilson II prepared on behalf of the School District determined that there were no impacts on the proposed vacation. On June 15, 2009, authorization to proceed with the proposed vacation was given and Plan No. 12651 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, The Gas Company, and Southern California Edison (SCE), which will need to be reserved as required by law. The City of San Bernardino (sewer), the Water Department and SCE have indicated that they will only need temporary easements as their existing utilities will be relocated or abandoned. Staff has informed the applicant that the City does not determine the underlying ownership of the area proposed to be vacated nor does it guarantee title to any property involved and they should consult a title company to determine the owner of the area to be vacated. As a condition of this vacation, if approved, the SBCUSD will be required to construct and dedicate a cul-de-sac at the southerly terminus of"F" Street, as well as a drainage easement from the cul-de-sac, westerly to "G" Street, as shown on the attached map. All improvements will be required to be constructed to City standards before the recordation of the resolution approving the vacation. The attached Resolution of Intention sets a public hearing for Monday, June 7, 2010. Upon approval, the Resolution will be published in the Sun,and these portions of the streets posted. At the Public Hearing, a Resolution Ordering Vacation will be submitted for your action. 2 FINANCIAL IMPACT: None. The total amount of$2,000 has been paid for the completion of the vacation proceedings. RECOMMENDATION: Adopt Resolution. ATTACHMENTS: - Vicinity Map - Plan No. 12651 - Resolution 3 LOCATION OF PROPOSED STREET VACATION 3' (SEE DETAIL 'A) 1 P T B 1$ / O: 40th St. 330 i Marshall Nd. .N 10 'zs Highland Ave. 3 N t m Base Line St. m m 3 91h SI m 5th St. a 0 Rialto Ave, a m f M111 SL 1$2 u 0 0 g0 Orange how Rd. 26th � 25,h High and Ave VICINITY MAP 7N / NTS DETAIL A' " CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF 25TH ST DEVELOPMENT SERVICES DEPARTMENT BETWEEN "G" ST & "F" ST,AND A PORTION OF REAL PROPERTY SECTION BERKELEY AVE BETWEEN 25TH ST&26TH ST, IN THE CITY OF SAN BERNARDINO. ® Indicates un-Incorporated areas within City's Sphere of Influence Created by: Ryan Sandoval Date: o5iO4i09 MAP OF BONITA GARDENS 3o I so I M.B. 23/75 I 26TH STREET 23 17 9 30 13o 24 18 10 2 25 19 11 3 „r11 26 20 W 12 4 63 a PAP. 1 PAR. 3 i3 5 PARCEL MAP NO. 17511 yPAR. 2 PAR. 1 14 6 M tb 28 21 15 29 22 16 8 1 5 25TH STREET 3o JO 41 40 39 38 37 36 35 34 33 32 31 3C� f 3a 3a -All street names shown on this plat are cw-e.-�" d drainvgs :hennM �/' tbal tiN ✓r os they currently exist. Berkeley Avenue b� .,ind to b. ;„faun ro city sto da o.:w was dedicated as College Avenue an the 10 me 0.t wA.twa b." Map of Oonita Cardens. rbdr:ea. y CITY OF SAN BE ARDINO PLAN NO. 12651 PROPOSED VACATION OF A PORTION Of 25TH STREET PUBLIC Y/oRK DIVISION BETN/EEN'G"ST. 8"F"ST.,AND PORTION OF BERKELEY +r m REAL P P SECTION Sheet 1 of 1 AVENUE BETWEEN 25TH STREET AND 26TH STREET. LEGEND: Approved: v! Date: Area of vacation shown thus: Created by: Ryan Sandoval { Date: s' Checked by: Laszlo Fogassy( ... Date: .: •f n File No.:16.30-004 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A PORTION OF 25TH STREET BETWEEN "G" STREET AND "F" STREET, AND A PORTION OF BERKELEY 4 AVENUE BETWEEN 25TH STREET AND 26TH STREET. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 9 hereby declares its intention to order the vacation of a portion of 25th Street between "G" Street 10 and "F" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street as depicted 11 on the attached map marked as Exhibit"A"and described herein as follows: 12 That portion of 25th Street, 52 feet wide, between the east line of"G" Street, having a half 13 width of 30 feet, and the west line of"F" Street,having a half width of 30 feet, and that portion of Berkeley Avenue (formerly known as College Avenue), 50 feet wide, between 14 the north line of 25th Street,having a half width of 26 feet, and the south line of 26th Street, having a half width of 30 feet,dedicated to the City of San Bernardino on the Map 15 of Bonita Gardens, as recorded in Book 23 of Maps, Page 75, Official Records of San Bernardino County, State of California, together with that portion of Berkley Avenue as 16 dedicated on Parcel Map No. 17514, recorded in Book 221 of Parcel Maps, Pages 51-52, 17 records of said County. 18 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 19 vacating the above described portion of said street, elects to proceed under and in accordance 20 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 21 being Division 9, Part 3, of the Streets and Highways Code of the State of California. 22 SECTION 3. That the hour of 4:30 p.m., on Monday, June 7, 2009, in the Council 23 24 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 25 and place when and where all persons interested in or objecting to the proposed vacation may 26 appear before the said Mayor and Common Council and offer evidence in relation thereto. For 27 further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 28 nemcnm n 7 ri —2�91J 1 C� 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 25TM STREET BETWEEN"G"STREET AND"F"STREET,AND A 2 PORTION OF BERKELEY AVENUE BETWEEN 25 T STREET AND 26"STREET. 3 12651", approved by the Mayor and Common Council on 06/15/2009, a copy of which is on file 4 in the office of the City Clerk of said City. 5 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 6 7 easements for public utility purposes belonging either to the City of San Bernardino or to any 8 public utility; and there is hereby specifically reserved for the City of San Bernardino, its 9 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities 10 over the entire area proposed to be vacated, including the right at any time, or from time to time, 11 to construct, maintain, operate, replace and renew said sewer or appurtenances and shall include 12 the right of ingress and egress thereto; and there is specifically reserved for Southern California 13 Gas Company, its successors, heirs and assigns, an easement over the entire area proposed to be 14 15 vacated, to construct, place, operate, inspect, maintain, repair and replace underground pipes and 16 necessary fixtures and appurtenances and said easement shall include rights of ingress and 17 egress; and there is hereby specifically reserved for Southern California Edison, its successors, 18 heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair, 19 replace and remove any overhead or underground electrical transmission and/or distribution 20 structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole 21 22 markers and necessary fixtures and appurtenances and said easement shall include rights of 23 ingress and egress; and there is hereby specifically reserved for the City of San Bernardino 24 Municipal Water Department, a temporary easement for water utility purposes over the entire 25 ea proposed to be vacated, including the right at any time, or from time to time, to construct, 26 maintain, operate, replace and renew one or more pipelines or appurtenances thereto for the 27 transportation of water and for the construction and maintenance of water wells and related 28 aincn n � 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 25'STREET BETWEEN"G"STREET AND"F"STREET,AND A ,2 PORTION OF BERKELEY AVENUE BETWEEN 25" STREET AND 26" STREET. 3 incidental purposes, including the right of ingress and egress thereto. The temporary easements 4 set forth herein shall terminate upon relocation or abandonment of the affected utilities. 5 SECTION 5. That the Director of Development Services of the City of San Bernardino 6 7 is hereby directed to cause Notices of Street Vacation to be posted as required by said"Public 8 Streets, Highways and Service Easements Vacation Law." 9 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of 10 Intention and shall cause the same to be published once a week for two successive weeks in The 11 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date 12 set forth for the public hearing. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nnmvin 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF 25TH STREET BETWEEN"G"STREET AND"F"STREET,AND A 2 PORTION OF BERKELEY AVENUE BETWEEN 25TH STREET AND 26TH STREET. 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 7 held on the day of 20� by the following vote, to 8 wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 18 MCCAMMACK 19 20 City Clerk 21 22 The foregoing resolution is hereby approved this day of 20 23 24 Approved as to form: PATRICK J. MORRIS,Mayor 25 City of San Bernardino 26 27 JAMES F. PENMAN City Attorney 28 ncnn A EXHIBIT "A" MAP OF BONITA GARDENS M.B. 23/75 I L w so n _ 26TH STREET N �R A 23 77 e 9 a° I so 24 18 10 2 25 19 11 3 W W 26 20 72 4 b R PAR. 7 PAR. 7 13 5 PARCEL MAP Na 17311 ° HPAR, 2 PAR. 4 14 6 R 28 21 15 7 29 22 16 8 2 5 25TH STREET w a° 41 40 39 38 37 36 35 34 33 32 37 3C/ _ 7 j° w All street names shown on this plot ore cot-n-sac a d-c(noge chonna mot xAl be regobed to be as they currently exist. Berkeley Avenue InetoOea to cty,twoores Prior was dedicated as College Avenue on the to the street vocotlon being Map of Bonita Gardens. 0oa11ae° 1"=110' y CITY OF SAN BE ARDINO PLAN NO. 12651 PROPOSED VACATION OF A PORTION OF 25TH STREET '' ''t PUBLIC OR DIVISION BETWEEN"G'ST. &"F"ST.,AND A PORTION OF BERKELEY REAL P P SECTION Sheet 1 of 1 AVENUE BETWEEN 25TH STREET AND 26TH STREET, LEGEND: Approved: Date: cry b�Per Area of vacation shown thus: Created by: Ryan Sandoval "�S Date: 5- I 1f41 Checked by: Laszlo Fogassy f, Date: .;/,b/d) File No.:15.30-404