HomeMy WebLinkAbout15- Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution of Intention: Vacation
of portions of 7th Street and Vine Street
Dept: Public Works between Mountain View Avenue and
Sierra Way.
Date: December 20, 2010
File: 15.30-401
MCC Date: January 24, 2011
Synopsis of Previous Council Action:
10/18/10 - Authorization was given to proceed with the proposed vacation of portions of 7`h
Street and Vine Street between Mountain View Avenue and Sierra Way; and Plan
No. 12705 showing the proposed vacation, was approved.
Recommended Motion:
Adopt Resolution.
r
L�
Nadeem Ma' j
Contact Person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report,Maps, Resolution Ward(s): 1
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)N/A
Acct. Description: N/A
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution of Intention: Vacation of portions of 7th Street and Vine Street between Mountain
View Avenue and Sierra Way.
BACKGROUND:
On September 8, 2008, an application was received from the San Bernardino City Unified
School District(SBCUSD), requesting the vacation of a portion of 7th Street and Vine Street
between Mountain View Avenue and Sierra Way. This portion of 7th Street was dedicated as a
public right-of-way easement on the Plan of the City of San Bernardino, thus the City does not
own any portion in fee. Vine Street (formerly Barton Street) was dedicated by separate
documents from each of the adjacent owners, and as determined in a title report from First
American Title Company, Vine Street is owned in fee by SBCUSD.
SBCUSD owns all the parcels directly adjacent to these portions of 7th Street and Vine Street,
and is planning to construct the new Lincoln II Elementary School where the streets currently
exist, and there will be no future need for these streets as public right-of-way.
On October 18, 2010, authorization to proceed with the proposed vacation was given and Plan
No. 12705 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 and
Verizon,which will need to be reserved as required by law. All named utilities have indicated that they
will only need temporary easements as their existing utilities will be relocated or abandoned, except
for the City of San Bernardino (sewer), which has a 33-inch sewer main located within 7th Street that
will not be relocated or abandoned.
The attached Resolution of Intention sets a public hearing for Monday, February 22, 2011. 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 action.
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.
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12705
- Resolution
2
L OCA TION OF
PROPOSED STREET
0
VACATION
e
(SEE DETAIL A)
w
F qj
Q �
.c
Qom.
�5 18
�Q
Ga
15 —�
40th St. 330
Mai hall Blvd.
210
Highland Ave. 259
a ;
a
3 �
S
Base Line St. LL
9th St i
5th St. a /
o —
c
Rialto Ave.
Mill St.
U
@C
U 210
N
a
Orange Show Rd. a
e,
8th St. \
I 3 �
a� I
E2
I Vine It
� 7th St. /
VICINITY MAP tiV
_ NTS
DETAIL A'
4brour CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT PROPOSED VACATION OF A PORTION OF 7TH STREET
REAL PROPERTY SECTION AND VINE STREET, BETWEEN MOUNTAIN VIEW
AVENUE AND SIERRA WAY, IN THE CITY OF SAN
BERNARDINO.
® Indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval Date: 08/09/2010
PTN . CITY OF SAN
BERNARDINO
Me Be 7/ 1
— 8TH STREET— — —�— —
0140-293-01 I ,o
0 0 0 0
aMi aMi N aMi
N N N N NOTE: ALL PROPERTIES
0140-293-22 1 .1 d ADJACENT TO THE PROPOSED
° STREETS TO BE VACATED ARE
}
0140-293-21 CURRENTLY OWNED BY THE
Z
W 5 � s
SAN BERNARDINO CITY
s �
Q UNIFIED SCHOOL DISTRICT.
0140-293-20 M 0140-293-26 I AREA TO BE USED FOR THE
CONSTRUCTION OF THE NEW
°a
BLK. Easement to rne�Hy of Son LINCOLN If ELEMENTARY
° �^ Bernardino for p bllt utilities �
0140-293-191J1 and sidewalk
put oses, Doc SCHOOL.
No. 88-053784.
I
VINE STREET
o 0 0 0
0140-294-01
a a v a
\W010-294-25
' 0140-294-24 0 0 0 o
4 3 2 i W
0140-294-23
2 a b v Y M N
0140-294-09 Y�
I I I I I
w < a v
0140-294-22 I I N N N
N < Y < a a I I
_ 1 O 7 y
0140-294-21 O O I I
g s O V
41.25 41.25 - o 0 41.25 41.25
7TH STREET —
N M
O O O
I I I
N M A�
I 1 I N N N N N N N N N
M M M M M M M M M
O O O O O
O O N N I 1 1 M
O 1 I I 1
M M ,i1 M M
O O O O O O O O O
0135-032-28
VV
J
CITY OF SAN BERNARDINO PLAN NO. 12705 PROPOSED VACATION OF 7TH STREET AND VINE STREET,
PUBLIC WORKS DIVISION BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY,
9a�&ni io® REAL PROPERTY CTION Sheet 1 of 1 IN THE CITY OF SAN BERNARDINO.
LEGEND:
Approved: Date: 7�a2 /o Area of vacation shown thus:
City Engineer
Created by: Ran Sandoval Date: 03/02/2010
Checked by: Laszlo Fogassy Date: File No. -.15.30-401
1 RESOLUTION NO. nn
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF PORTIONS OF 7TH STREET AND
VINE STREET BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY AND
4 RESERVING UTILITY EASEMENTS THEREIN.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 hereby declares its intention to order the vacation of portions of 7"' Street and Vine Street
9 between Mountain View Avenue and Sierra Way as depicted on the attached map marked as
10 Exhibit"A" and described herein as follows:
11
That portion of 7th Street as delineated on the City of San Bernardino as per plat recorded
12 in Book 7 of Maps, Page 1, Official Records of San Bernardino County, State of
13 California, more particularly described as follows:
All that portion of 7th Street lying between the east line of Mountain View Avenue 82.5
p yl g (
w� 14 feet wide) and the west line of Sierra Way(82.5 feet wide).
15
AND
16
17 That portion of Vine Street in Block 49 of the City of San Bernardino as per plat recorded
in Book 7 of Maps, Page 1, Official Records of said County, more particularly described
18 as follows:
19 All that portion of Vine Street lying between the east line of said Mountain View Avenue
20 (82.5 feet wide) and the west line of said Sierra Way (82.5 feet wide), being the south 15
feet of Lots 5, 6, 7, 8 and the north 10 feet of Lots 1, 2, 3, 4 of said Block 49, together
with that certain parcel of land as described in the Easement recorded on February 23,
21 1988, as Document No. 88-053784, Official Records of said County, and further
22 described as follows:
23 That portion of Lot 8, of said Block 49 of the City of San Bernardino as per plat recorded
24 in Book 7 of Maps, Page 1, records of said County, described as follows:
25 Beginning at the point of intersection of the west line of Sierra Way and the north line of
said Vine Street;
26
Thence north along said west line of Sierra Way, a distance of 20 feet;
27
Thence southwesterly in a straight line to a point on the north line of said Vine Street,
28 said point being 20 feet west of the point of beginning; ALA
12/20/2010
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW
2 AVENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN.
3
Thence east along said north line of Vine Street, a distance of 20 feet, to the point of
4 beginning;
5 Together with the north 2.50 feet of the south 17.50 feet of those portions of Lots, 6, 7,
6 and 8, of said Block 49.
7 EXCEPTING therefrom the west 75 feet of said Lot 6 and that portion described above.
8 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
9 vacating the above described portions of said streets, elects to proceed in accordance with the
10
11 provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
12 Division 9, Part 3, of the Streets and Highways Code of the State of California.
13 SECTION 3. That the hour of 4:30 p.m., on Monday, February 22, 2011, in the Council
t
14 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
15 and lace when and where all persons interested in or objecting P p � ng to the proposed vacation may
16
appear before the said Mayor and Common Council and offer evidence in relation thereto. For
17
further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
18
19 12705", approved by the Mayor and Common Council on 10/18/2010, a copy of which is on file
20 in the office of the City Clerk of said City.
21 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other
22 existing easements for public utility purposes belonging either to the City of San Bernardino or
23 to any public utility that existed prior to these vacation proceedings; and there is hereby
24 specifically reserved for the City of San Bernardino, its successors, heirs and assigns, a
25
26 permanent easement for sanitary sewer and appurtenant facilities over the entire portion of 7"'
27 Street proposed to be vacated, including the right at any time, or from time to time, to construct,
28 maintain, operate, replace and renew said sewer or appurtenances and shall include the right of
12/20/10 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW
2 AVENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN.
3 thereto; and there is hereby specifically reserved for the City of San Bernardino, its successors,
4 heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities over the
5
entire portion of Vine Street proposed to be vacated, including the right at any time, or from time
6
7 to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and shall
8 include the right of ingress and egress thereto; and there is hereby specifically reserved for
9 Southern California Edison, its successors, heirs and assigns, a temporary easement over the
10 entire portion of 7th Street proposed to be vacated to construct, place, operate, inspect, maintain,
11 repair, replace and remove any overhead or underground electrical transmission and/or
12 distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires,
13
manhole markers and necessary fixtures and appurtenances and said easement shall include
14
15 rights of ingress and egress; and there is specifically reserved for Verizon, its successors, heirs
16 and assigns, a temporary easement over the entire portion of 7t", Street proposed to be vacated to
17 construct, place, operate, inspect, maintain, repair or replace underground and overhead
18 structures consisting of wires, cables and necessary fixtures and appurtenances and said
19 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for
20
the City of San Bernardino Municipal Water Department, a temporary easement for water utility
21
22 purposes over the.entire areas proposed to be vacated, including the right at any time, or from
23 time to time, to construct, maintain, operate, replace and renew one or more pipelines or
24 appurtenances thereto for the transportation of water and for the construction and maintenance of
25 water wells and related incidental purposes, including the right of ingress and egress thereto. The
26 temporary easements set forth herein shall terminate upon relocation or abandonment of the
27 affected utilities.
28
12/20/10 3
I RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW
2 AVENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN.
3 SECTION 5. That the Director of Public Works of the City of San Bernardino is hereby
4 directed to cause Notices of Street Vacation to be posted as required by said "Public Streets,
5 Highways and Service Easements Vacation Law."
6
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
7
8 Intention and shall cause the same to be published once a week for two successive weeks in The
9 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
10 set forth for the public hearing.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12/20/10 4
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE
VACATION OF PORTIONS OF 7TH STREET AND VINE STREET BETWEEN MOUNTAIN VIEW
2 AVENUE AND SIERRA WAY AND RESERVING UTILITY EASEMENTS THEREIN.
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 day of , 20 , by the following vote, to
7
wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ
11
DESJARDINS
12
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17
MCCAMMACK
18
19
20 City Clerk
21
The foregoing resolution is hereby approved this day of , 20
22
23
24 Approved as to form: PATRICK J. MORRIS, Mayor
25 City of San Bernardino
26
27 .eity
28 co'v"Se)
12/20/10 5
EXHIBIT "A"
PTN ® CITY OF SAN
BERNARDINO
Me Be 7/ 1
8TH STREET - --�- -
0140-293-01 I m
0 0 0 0
, N aMi M m
° NOTE: ALL PROPERTIES
0140-293-22 ADJACENT TO THE PROPOSED
STREETS TO BE VACATED ARE
CURRENTLY OWNED BY THE
otao-293-z1 SAN BERNARDINO CITY
IU s s a
Q UNIFIED SCHOOL DISTRICT.
Q 0140-293-20 I 0140-293-26 I AREA TO BE USED FOR THE
o CONSTRUCTION OF THE NEW
° B IK. Easement to the Ity of 50a LINCOLN II ELEMENTARY
o 4ig Bemardfno for pDllc utltlfles
0140-293-19 and sidewalk pu oses. Doc SCHOOL.
No. 88-053784.
isswes
VINE STREET
N M a
0140-294-01 0 0 ° o
1 I I I
a a a a
W N N N N
I I 1 I 0140-294-25
0140-294-24 0 0 0 0
4 3 2 1
0140-294-23
Z m ^ N 0140-294-09 vJ
n I I I I I
^ O d d d >
0140-294-22 I I
N
O + 1 1 1 1 O
N N Y d d Y Y d d
O Y O O O O O N Ol
N
01{0-294
41.25 41.25 3 0 0 41.25 41.25
— 7TH S TREE G —
M
o ° o
I I I
0 M o O N M
I I I 1 I I I I 1 I w 1
M ,Nil rN7 M M M N M M M N
O O O O O O O O O
0 0 0 1 I I I I I I I
N M M N
M M it M M M M H
O O O O O O O O O
0135-032-28
J
CITY OF SAN BERNARDINO PLAN NO. 12705 PROPOSED VACATION OF 7TH STREET AND VINE STREET,
PUBLIC WORKS DIVISION BETWEEN MOUNTAIN VIEW AVENUE AND SIERRA WAY,
9a iN REAL PROPERTY 5ECTION Sheet T of 1 IN THE CITY OF SAN BERNARDINO.
LEGEND:
Approved: Date: 7/i' f® Area of vacation shown thus:
City Engineer
Created by: Ran Sandoval Date: 03/02/2010
Checked by: Laszlo Fogassy Date: Fite No. -.15.30-401
I