HomeMy WebLinkAbout05.K- Public Works RESOLUTION (ID# 1330) DOC ID: 1330 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Street Vacation
From: Nadeem Majaj M/CC Meeting Date: 11/21/2011
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 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 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.
Motion: Adopt resolution.
Svnousis of Previous Council Action:
08/15/2011 - 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.
Background:
On June 13, 2011, an application was received from the Redevelopment Agency of the City of
San Bernardino (RDA) 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. RDA owns the parcels directly adjacent to this
portion of Spruce Street and is planning to use this portion for future development, which will
also include the existing gas 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 in favor of the
vacation. There were requests to reserve utility easements for existing facilities received from the
Engineering Division for sewer & surface drainage, the San Bernardino Municipal Water
Department, Southern California Edison, Southern California Gas Company and Verizon, which .
will need to be reserved as required by law.
The attached Resolution of Intention sets a public hearing for Monday, December 19, 2011.
Updated: 11/17/2011 by Mayra Ochiqui B
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1330
Upon approval, the Resolution will be published in The Sun, and these portions of the streets will
be posted. At the Public Hearing, a Resolution Ordering Vacation will be submitted for action,
at which time, if appropriate, the findings that the proposed vacation of this portion of Spruce
Street is no longer needed for public right-of-way will be presented.
City Attorney Review:
Approved as to Form.
Snimortine Documents:
RCA Attach-Vicinity Map- Spruce St (PDF)
RCA Attach-Plan 12798 Signed- Spruce St (PDF)
Resolution (PDF)
Updated: 11/17/2011 by Mayra Ochiqui B
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CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT PROPOSED VACATION OF A PORTION OF SPRUCE
SaARorn Iu 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
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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.
1 r Sheet 1 of 1
LEGEND:
Approved: Date: Area of vacation shown thus:
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Created b : an Sandoval Date: 07/05/2011 ON Checked by: Laszlo Fogassy 6W Date: 1 ff t f File No. :15,30-413 Packet Pg. 66
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
3 VACATION OF A PORTION OF SPRUCE STREET BETWEEN MT. VERNON
4 AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET WEST OF
MT.VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby d
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9 declares its intention to order the vacation of a portion of Spruce Street between Mt. Vernon o
10 Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue as
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11 depicted on the attached map marked as Exhibit"A" and described herein as follows: 0
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That portion of Spruce Street (60 feet wide) as delineated on the Tompkins o
13 Subdivision as per plat recorded in Book 5 of Maps, Page 98, Official Records of San v
Bernardino County, State of California, together with that portion of Spruce Street as y
14 dedicated on Parcel Map No. 17809 as per plat recorded in Book 228 of Parcel Maps,
15 page 54-55, Official Records of said County, and more particularly described as
follows: o
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17 Beginning at the southwest comer of Lot 1, Block 2 of said Tompkins Subdivision, N
said point also being on the north line of said Spruce Street; r
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Thence southerly along the southerly prolongation of the west line of said Lot 1; a a>,
19 distance of 60 feet, to the north line of Parcel 1 of said Parcel Map No. 17809, said L
20 line also being the south line of said Spruce Street; o
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21 Thence easterly along said north line of Parcel 1 and said south line of Spruce Street, a N
distance of 121.81 feet;
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Thence southeasterly, North 42° 16' 29" West, a distance of 34.16 feet, more or less, E
23 to the west line of Mt. Vernon Avenue(44 foot half width); R
24 Thence north along said west line of Mt. Vernon Avenue to a point on the south line of a
25 said Lot 1 of Tompkins Subdivision, said point being 2.75 feet west of the
26 southeasterly corner of said Lot 1 and also being on said north line of Spruce Street;
27 Thence west along said south line of Lot 1 and said north line of Spruce Street, to the
Point of Beginning.
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Packet Pg. 67
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1 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
2 BETWEEN MT.VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET
3 WEST OF MT.VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN.
4 SECTION 2. The Mayor and Common Council of the City of San Bernardino, in
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vacating the above described portion of said street, elects to proceed in accordance with the d
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provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being C
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8 Division 9, Part 3, of the Streets and Highways Code of the State of California.
9 SECTION 3. The hour of 4:30 p.m., on Monday, December 19, 2011, in the Council c
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Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time c
11 and place when and where all persons interested in or objecting to the proposed vacation may c
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13 appear before the said Mayor and Common Council and offer evidence in relation thereto. a
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14 For further particulars as to the proposed vacation, reference is made to that map marked to
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15 "Plan No. 12798", approved by the Mayor and Common Council on 08/15/2011, a copy of
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16 which is on file in the office of the City Clerk of said City, and attached hereto as Exhibit`B".
17 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other c
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existing easements for public utility purposes belonging either to the City of San Bernardino F.
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20 or to any public utility that existed prior to these vacation proceedings; and there is hereby o
21 specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a
22 permanent easement for sanitary sewer and appurtenant facilities over the entire portion of m
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23 Spruce Street proposed to be vacated, including the right at any time, or from time to time, to
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construct, maintain, operate, replace and renew said sewer or appurtenances and shall include
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26 the right of ingress and egress thereto; and there is hereby specifically reserved for Southern
27 California Edison, its successors,heirs and assigns, a permanent easement over the west five
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5.K.c
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
1 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
2 WEST OF MT.VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN.
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4 (5) feet of Spruce Street proposed to be vacated together with a temporary easement over the
5 entire portion of Spruce Street proposed to be vacated to construct, place, operate, inspect, rn
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maintain, repair, replace and remove any overhead or underground electrical transmission
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and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy `°
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9 wires, manhole markers and necessary fixtures and appurtenances and said easement shall c
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10 include rights of ingress and egress; and there is specifically reserved for Southern California
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11 Gas Company, its successors, heirs and assigns, an easement over the entire area proposed to c
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be vacated, to construct, place, operate, inspect, maintain, repair and replace underground .2
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pipes and necessary fixtures and appurtenances and said easement shall include rights of
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ingress and egress; and there is specifically reserved for Verizon, its successors, heirs and d
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assigns, an easement over the entire portion of Spruce Street proposed to be vacated to M
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17 construct, place, operate, inspect, maintain, repair or replace underground and overhead N
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18 structures consisting of wires, cables and necessary fixtures and appurtenances and said y
19 easement shall include rights of ingress and egress; and there is hereby specifically reserved
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for the City of San Bernardino, its successors, heirs and assigns, a temporary easement for
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22 street surface drainage and appurtenant facilities over the entire area proposed to be vacated,
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23 including the right at any time, or from time to time, to construct, place, maintain, operate, E
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24 inspect, repair, replace or remove storm drains or appurtenances including the right of ingress
25 and egress; and there is hereby specifically reserved for the City of San Bernardino Municipal
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Water Department, a permanent easement for water utility purposes over the entire areas
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28 proposed to be vacated, including the right at any time, or from time to time, to construct,
Packet Pg.69
1 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
2 BETWEEN MT. VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET
3 WEST OF MT.VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN.
4 maintain, operate, replace and renew one or more pipelines or appurtenances thereto for the
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transportation of water and for the construction and maintenance of water wells and related d
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incidental purposes, including the right of ingress and egress thereto. The temporary
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8 easements set forth herein shall terminate upon relocation or abandonment of the affected m
9 utilities.
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10 SECTION 5. The Director of Public Works of the City of San Bernardino is hereby c
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directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, c
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13 Highways and Service Easements Vacation Law." o
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14 SECTION 6. The City Clerk shall certify to the adoption of this Resolution of Cn
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15 Intention and shall cause the same to be published once a week for two successive weeks in
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16 The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the
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above date set forth for the public hearing. c
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MN
1 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
2 BETWEEN MT.VERNON AVENUE AND A NORTH-SOUTH ALLEY APPROXIMATELY 150 FEET
WEST OF MT.VERNON AVENUE AND RESERVING UTILITY EASEMENTS THEREIN.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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6 and Common Council of the City of San Bernardino at a meeting
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7 thereof,held on the day of 2011,by the following vote, to wit: N
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Council Members: AYES NAYS ABSTAIN ABSENT >
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10 MARQUEZ
11 JENKINS o
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12 BRINKER
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13 SHORETT
14 KELLEY a
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JOHNSON M
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17 MCCAMMACK
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19 Rachel G. Clark, CMC, City Clerk
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The foregoing resolution is hereby approved this day of , 2011. 1�
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23 Patrick J. Morris, Mayor E
City of San Bernardino
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Approved as to form:
25 JAMES F. PENMAN,
26 City Attorney
27 By:
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