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HomeMy WebLinkAbout06.D- Public Works RESOLUTION (ID# 1401) DOC ID: 1401 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Nadeem Majaj M/CC Meeting Date: 12/19/2011 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Ordering 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 and Reserving Utility Easements Therein. 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. Mayor to open the hearing... Motion 1: Close hearing and adopt the Findings of Fact, as set forth in the staff report from the Public Works Director, as to why the portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue is no longer necessary for public street purposes; and Motion 2: Adopt Resolution. Synopsis of Previous Council Action: 08/15/11 - Authorization was given to proceed with the proposed vacation of a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue; and Plan No. 12798 showing the proposed vacation, was approved. 11/21/11 - Resolution No. 2011-304 was adopted, declaring the intention to vacate a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue, and setting a public hearing for December 19,2011. Background: On June 13, 2011, an application was received from the Redevelopment Agency of the City of San Bernardino (now known as San Bernardino Economic Development Corporation (SBEDC) requesting the vacation of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue. This portion of Spruce Street was dedicated as public right-of-way on the map of the Tompkins Subdivision, thus the City does not own any portion in fee. SBEDC owns the parcels directly adjacent to this portion of Spruce Street, and is Qplanning to use this portion for future development, which will also include the current gas Updated: 12/15/2011 by Mayra Ochiqui A PacketPg. 193 1401 station. On August 15, 2011, authorization to proceed with the proposed vacation was given and Plan No. 12798 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, Southern California Gas Company and Verizon,which will need to be reserved as required by law. i On November 21, 2011, Resolution No. 2011-304 was adopted declaring the City's 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, and set a public hearing for December 19, 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. The proposed vacation 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. 5. There were requests to reserve easements from the City of San Bernardino (sewer), San Bernardino Municipal Water Department, Southern California Edison, Southern California Gas Company and Verizon. The easements will be reserved as required by law. City Attorney Review: Supporting Documents: RCA Attach-Vicinity Map- Spruce St (PDF) RCA Attach-Plan 12798 Signed- Spruce St (PDF) Resolution Ordering Vacation- Spruce St (DOC) Updated: 12/15/2011 by Mayra Ochiqui A Packet Pg. 194 d �j °c i th St j F m DETAIL A' ell 3 C. G'mo 18 w 15 O C O oa a aaii m O� 40th St. 330 B� 1 Im C Marshall Blvd. d 0 zto 0 Highland Ave. 259 w IY <' to lY in Base Line SL w in � 0 stn St 5th St. <1 ` C Rialto Ave. d m ti U IS CMill SL <c U c u ztg a n C Orange how Rd. F � T e E �C1 U A/ 1 LOCATION OF J� R PROPOSED STREET a a VA CA TION D VICINITY MAP W NTS E t U �p A J Q CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT PROPOSED VACATION OF A PORTION OF SPRUCE REAL PROPERTY SECTION STREET WEST OF MT. VERNON AVENUE AND NORTH OF 5TH STREET, IN THE CITY OF SAN BERNARDINO. ® Indicates un-incorporated areas within City's Sphere of Influence Created by: Ryan Sandoval packet Pg. 795 6.D.b NOTE: ALL PROPERTIES ADJACENT TO THE PROPOSED STREET TO BE ARE- 6TH�STREET— - THEOREDEVELOPMENTYAGENCY OF OF THE CITY OF SAN BERNARDINO, I 6 I J� 5 I rn 7 Cj 4 U � o. BLK. W w $ Ode I 2 3 .� 19 U 9 2 > c 25125 10 I 1 41.251 d O PO6 O so so so 1 1 50 100 O N Ol a N4.16'29"W 6 I 34.16E 44 ,r t I PAR. � ����0�� w R:hBLK. I I �h Q I QP�Orip � "c I m U) CD 25 .30 - - - - - - -I I 44 N 10 i I A 130.46 I G. - w 5TH—STREET—CITY OF SAN BERNARDINO PLAN NO. 12798 PROPOSED VACATION OF A PORTION OF SPRUCE STREET WEST PUBLIC WORKS DEPARTMENT OF MOUNT VERNON AVENUE AND NORTH OF 5TH STREET,IN THE R RO R SECTION CITY OF SAN BERNARDINO. r w Sheet 1 of 1 — — LEGEND: Approved: Date: Area of vacation shown thus: F'10 .. Created b : an Sandoval Date: 07/05/2011 Checked by: Laszlo Fogassy Date: 1//fff( I File No. :15.30-413 Packet Pg. 196 6.D.c 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF SPRUCE 3 STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH ALLEY 4 APPROXIMATELY 150 FEET WEST OF MT. VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN. m 0 5 Q BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY u) 6 OF SAN BERNARDINO AS FOLLOWS: °c 7 c SECTION 1. P roceetling under and in accordance with the "P ublic Streets, u ly 8 > 0) 9 Highways, and Service Easements Vacation Law", Division 9, Part 3 of the California v 10 Streets and Highways Code, the Mayor and Common Council of the City of San O N 11 Bernardino, having heard the evidence offered in relation to the proposed vacation of a N 12 IL portion of Spruce Street between Mt. Vernon Avenue and a north-south alley Q' 13 0 approximately 150 feel west of Mt. Vernon Avenue, tlescribetl in Resolution of Intention 14 � 15 No. 2011-304, hereby find from all of the evidence submitted that proper notice has been 3 16 ` given and that such streets proposed to be vacated by this Resolution are unnecessary for (n 17 present and prospective street purposes. w 18 SECTION 2. The Mayor and Common Council of said City do hereby vacate that > 19 °' 20 portion of Spruce Street between Mt. Vernon Avenue and a north-south alley N a O 21 approximately 150 feel west of Mt. Vernon Avenue, more fully described herein as .3 O 22 follows. N N 23 That portion of Spruce Street (60 feet wide) as delineated on the Tompkins C 24 A O GWG Subdivision as per plat recorded in Book 5 of Maps, Page 98, Official Records of E t San Bernardino County, State of California, together with that portion of Spruce Q 25 p Street as dedicated on Parcel Map No. 17809 as per plat recorded in Book 220 of Q 26 Parcel Maps, page 54-55, Official Records of said County, and more particularly O described as follows. 27 28 Beginning at the southwest corner of Lot 1, Spruce 2pof said Tompkins Subdivision, S said point also being on the north line of said Packet Pg. 197 6.D.c 1 Thence southerly along the southerly prolongation of the west line of said Lot 1; a 2 distance of 60 feet, to the north line of Parcel 1 of said Parcel Map No. 17809, said line also being the south line of said Spruce Street, 3 4 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF SPRUCE STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH rn m ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON AVENUE AND RESERVING 5 UTILITY EASEMENTS THEREIN. a V) w Thence easterly al C oong said north line of Parcel 1 and aid south line of Spruce Street, 7 a distance of 121.01 feet, U 8 o TM1ence southeasterly, North 42 16 29 West, a distance of 34.16 feet, more or � 9 less, to the west line of IV It. Vernon Avenue (44 Foot half width); p� V 10 Thence north along said west line of IV It. Vernon Avenue to a point on the south line O of said Lot 1 of Tompkins Subdivision, said point being 2.75 feet west of the d 11 southeasterly corner of said Lot 1 and also being on said north line of Spruce Street, N 12 Thence west along said south line of Lot 1 and said north line of Spruce Street, to IL 13 the Point of Beginning. 0 14 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other 15 existing easements For public utility purposes belonging either to iM1e pity of San Bernardino 7 16 e y 17 or to any public utility that existed prior to these vacation proceedings; and there is hereby O 18 specifically reserved for the pity of San Bernardino, its successors, heirs and assigns, a U Q W 19 permanent easement for sanitary sewer and appurtenant facilities over the entire portion of Cn 20 Street S Spruce proposetl to be vacated, including the right at any time, or from time to time, 0 21 0 to construct, maintain, operate, replace and renew said sewer or appurtenances and shall 22 0 d include the right of ingress and egress therefor and there is hereby specifically reserved for 23 California C 24 Southern C Edison, its successors, heirs and assigns, a permanent easement over E L V R 25 the west five (5) feet of Spruce Street proposed to be vacated together with a temporary Q 26 easement over the entire portion of Spruce Street proposed to be vacated to construct, place, 27 ® 28 operate, inspect, maintain, repair, replace and remove any overhead or underground Packet Pg, 198 6.D.c 1 electrical transmission and/or distribution structure consisting of wires, cables, conduits, 2 poles, pole anchors and guy wires, manhole markers and necessary fixtures and 3 appurtenances and said easement shall include rights of ingress and egress; and there is 4 specifically reserved for Southern California Vas U 5 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A uai 6 PORTION OF SPRUCE STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH `o ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON AVENUE AND RESERVING c 7 UTILITY EASEMENTS THEREIN. v 8 IT 9 Company, its successors, heirs and assigns, a temporary easement over the entire area d L 10 proposed to be vacated, to construct, place, operate, inspect, maintain, repair and replace O N 11 z" underground pipes and necessary fixtures and appurtenances and said easement shall include y 12 rights of ingress and egress; and there is specifically reserved for Verizon, its successors, 13 0 heirs and assigns, a temporary easement over iM1e entire portion of Spruce Street proposed to 14 � Cn 15 be vacated to construct, place, operate, inspect, maintain, repair or replace underground and U 7 16 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and 17 said easement shall include rights of ingress and egress; and there is hereby specifically G 18 /� San Bernardino A R reserved for the C J City of an Bernardino Municipal Water Department, a permanent > 19 20 easement for water utility purposes over the entire areas proposed to be vacated, including N 9 0 21 the right at any time, or from time to time, to construct, maintain, operate, replace and 0 22 renew one or more pipelines or appurtenances thereto for the transportation of water and for N 23 the construction and maintenance of water wells and related incidental purposes, including C 24 E r the right of ingress and egress thereto. The temporary easements set forth herein shall U 25 a 26 terminate upon relocation or abandonment of the affected utilities. 2171 ® 28 Packet Pg. 199 6.D.c SECTION4. It is hereby determined that the vacation of said street is categorically i 1 2 exempt from the requirements of the California Environmental Quality Act (CEQA), 3 pursuant to Class 1, Section 15301(c). 4 SECTION 5. The City Clerk is hereby directed and authorized to file a certified N U 5 Bernardino R Q copy of this Resolution with the San Bernardino County ecorder s office. 6 0 c 7 N U 8 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A > PORTION OF SPRUCE STREET BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH 9 ALLEY APPROXIMATELY 150 FEET WEST OF MT. VERNON AVENUE AND RESERVING y UTILITY EASEMENTS THEREIN. ED 10 0 11 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 0 N 12 and Common Council of the City of San Bernardino at a meeting 9; a 13 thereof, held on the day of 2011, by the following vote, to wit: 0 14 Council Members: AYES NAYS ABSTAIN ABSENT y 15 16 MARQUEZ c rn 17 JENKINS c 18 BRINKER 19 SHORETT 20 a KELLEY 0 21 a 22 JOHNSON 0 N d 23 MCCAMMACK c 24 E U 25 Rachel G. Clark, CMC, City Clerk a 26 The foregoing resolution is hereby approved this day of 12011. 27 © 28 Packet Pg. 200 6.D.c 1 Patrick J. Morris, Mayor City of San Bernardino 2 Approved as to form: 3 JAMES F. PENMAN, 4 City Attorney w d U 5 By. 2 CL 6 0 c 7 0 U 8 cc rn c 9 L 10 ° 0 N 11 0 N 12 a 13 0 14 15 16 rn 17 g 18 U A > 19 20 0 21 0 3 22 6 23 24 E U 25 a 26 27 28 "'Packet Pg.201