HomeMy WebLinkAbout28- Public Works CITY OF SAN BERNAR INO - REQUEST FOF' COUNCIL ACTION
-- File No 15.30-321
From: ROGER G. HARDGRAVE Subject: Approval of Resolution of Inten-
tion -- Vacation of 7th Street,
Dept: Public Works/Engineering between "D" Street and "E" Street
Date: March 1 , 1993
Synopsis of Previous Council action:
E, 12-21-92 - Authorization granted to proceed, and Plan No. 8849
approved.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Barbara Pachon
James F. Penman
Tim Steinhaus
Signatur
Contact person: Anne DeBolt Phone: 5328
Staff Report, Plan
Supporting data attached: & Resolution Ward: 1
FUNDING REQUIREMENTS: Amount: $1 , 000 (Billed to EDA)
Source: (Acct. No.) 001-302-5
Acct. Description) Street Vacqt4on Costs (Staff
time charged to W. 0. #1266) Finance:
Council Notes:
75-0262 Agenda Item No.
CI'T'Y OF SAN BERNAR_ 1NO - REQUEST FOF SOUNCIL ACTION
STAFF REPORT
On November 19, 1993, direction was received by Staff to prepare a preliminary
survey for the possible vacation of that portion of 7th Street lying between "D"
Street and "E" Street. Responses were received from 15 departments and public
utilities (36 were sent) . Eleven of the respondents were in opposition to vacat-
ing that area proposed for vacation. However, there was reason to feel that
these negative responses could be converted to positive responses with some
modifications or compromise.
On 12-21-92, authorization was given to proceed with the proposed vacation, and
Plan No. 8849 was approved.
All concerned and/or interested City Departments and Utility Companies were
notified of the proposal on 01-08-93, with a reply due by 02-08-93. These re-
sponses are attached for your information. The entire portion of 7th Street
between "D" Street and "E" Street has been reserved for easements: drainage,
sewer, street lights, and water easements were requested by various City Depart-
ments, and GTE, Pacific Bell , Southern California Edison and Southern California
Gas also all requested easements for their utilities. These easements are set
forth and reserved in the attached Resolution of Intention.
The three adjoining property owners on the South side of 7th Street, GTE, (locat-
ed at the Southwest corner of 7th and "E" Street), Bill Parsons (who owns the
office building at 696 North "D" Street) , and the San Bernardino County Board of
Education have all been notified of the proposed vacation. Generally, the San
Bernardino County Assessor divides the vacated property down the middle - in this
case the North 1/2 of 7th Street would revert to the City, and the South 1/2 to
GTE, Bill Parsons, and the San Bernardino County Board of Education. The three
owners on the South side of 7th have all been notified and are aware of the
proposed vacation.
On 03-02-93, a Notice of Exemption was filed with the County Board of Super-
visors, and a finding of consistency with the General Plan was made.
The Resolution of Intention, which sets a public hearing date of 05-10-93 has
been attached for your action.
Upon the approval of said Resolution, all adjacent property owners will be noti-
fied by mail of the hearing date.
03-01-93 2
i-0264
City Department and Utility Company responses relative to the proposed
vacation of a portion of 7th Street, between "D" Street and "E" Street.
SOME NO CONCERNS/
CITY DEPARTMENTS CONCERNS RESERVATIONS COMMENTS
BUILDING & SAFETY X ACCESS TO PARKING LOTS
DEVELOPMENT SERVICES DID NOT RESPOND
ENGINEERING X STREET LIGHTS, DRAINAGE
FACILITIES MNGMNT X
FIRE g
PARK & RECREATION X
PLANNING X ACCESS TO PARKING LOTS
POLICE X
PUBLIC SRVS/REFUSE X NEED ACCESS TO REFUSE BINS
PUBLIC SRVS/STREETS X SEWER EASEMENT
RISK MANAGEMENT DID NOT RESPOND
TRAFFIC ENGINEERING X TRAFFIC SIGNAL PLACEMENT
UTILITY COMPANIES RESERVE EASEMENTS: COMMENTS
YES NO
AT & T DID NOT RESPOND
CHAMBERS CABLE TV DID NOT RESPOND
CITY WATER DEPT X WATER LINE
COMCAST CABLE DID NOT RESPOND
CONTINENTAL TELE. X
EAST VALLEY WATER X
GENERAL TELEPHONE X MAJOR SWITCHING LINES
METROPOLITAN WATER DID NOT RESPOND
PACIFIC TELEPHONE X MAJOR SWITCHING LINES
SAN BNDO VALLEY
MUNI WATER DIST X
SAN GABRIEL VALLEY
MUNI WATER DIST X
SOUTHERN CALIF EDISON X ELECTRICAL LINES
SOUTHERN CALIF GAS X GAS LINES
03-01-93 3
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CITY OF SAN BERNARDINO
D TOR OF P L WORK /CITY ENGINEER PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
Chocked i Q.$Q + Shoot REAL PROPERTY SECTION
Chocked by : V. Ha colt/
lof 1
DATE : NOVa,IBER 20 1992 STREET / ALLEY VACATION :
AREA VACATED SHOWN THUS SZE= 7TH STREET BE71qEEN „D„ STREET AND "E"
STREET
FILE NO.t 15.30-321 PLAN NO.s 8849
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION
TO ORDER THE VACATION OF THAT PORTION OF 7TH STREET LYING BETWEEN "D" STREET
3 AND "E" STREET, AND RESERVING EASEMENTS OVER THE ENTIRE AREA FOR SANITARY
SEWER, WATER, STORM DRAIN, STREET LIGHTS, AND TRAFFIC SIGNALS AND APPURTEN-
4 ANT FACILITIES FOR THE CITY OF SAN BERNARDINO, AND ALSO RESERVING EASEMENTS
FOR GENERAL TELEPHONE, PACIFIC BELL TELEPHONE, SOUTHERN CALIFORNIA EDISON
5 AND SOUTHERN CALIFORNIA GAS FOR PUBLIC UTILITIES THEREIN.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That the Mayor and Common Council of the City of San
9 Bernardino hereby declare their intention to order the vacation of that
10 portion of 7th Street lying between "D" Street and "E" Street, described as
11 follows:
12 Beginning at the Southeast corner of Lot 1, Block 52, of
the City of San Bernardino, as per plat thereof recorded
13 in Book 7 of Maps, Page 1, in the office of the County
Recorder of said County, said point being the intersec-
14 tion of the West line of "D" Street and the North line of
7th Street; thence West along the South line of said Lot
15 1, and the South line of Lot 2, of said Block 52, a
distance of 596.1 feet, more or less, to the Southwest
16 corner of said Lot 2; thence South along the Southerly
prolongation of the West line of said Lot 2, a distance
17 of 102.5 feet, more or less, to a point in the West line
of Lot 5, Block 45 of said City of San Bernardino, and
18 being the most Southerly corner of that certain property
conveyed to the City of San Bernardino by Document No.
19 83-102050, recorded May 11, 1983, and being the beginning
of a reverse tangent curve, concave Southeasterly and
20 having a radius of 20.00 feet, the Easterly terminus of
said curve being also tangent with the North line of said
21 Lot 5; thence Northeasterly along said curve to said
North line; thence East along said North line of Lots 5,
22 6, 7, and 8 of said Block 45, a distance of 559.83 feet,
more or less, to the most Westerly corner of that certain
23 property conveyed to the City of San Bernardino by Docu-
ment No. 83-268516, recorded November 15, 1983, and being
24 the beginning of a tangent curve, concave to the South-
west and having a radius of 20.00 feet, said curve is
25 also tangent at its Southerly terminus with the East line
of said Lot 8; thence Easterly and Southerly along said
26 curve to said point of tangency with the East line of
said Lot 8; thence North along said East line and its
27 Northerly prolongation, a distance of 102.5 feet, more or
28 less, to the Point of Beginning.
03/01/93 1
STREET VACATION: THAT PORTION OF 7TH STREET BETWEEN "D" STREET & "E" STREET
1 SECTION 2. That the Mayor and Common Council of the City of San
2 Bernardino, in vacating the above described portion of said street, elect
3 to proceed under and in accordance with the provisions of the "Public
4 Streets, Highways and Services Vacation Law" , being Division 9, Part 3, of
5 the Streets and Highways Code of the State of California.
6 SECTION 3. That the hour of 10:00 A.M. on the 10th day of May,
7 1993, in the Council Chamber of the City Hall, San Bernardino, California,
8 be, and the same hereby is fixed as the time and place when and where all
9 persons interested in or objecting to the proposed vacation may appear
10 before said Mayor and Common Council and offer evidence in relation
11 thereto. For further particulars as to the proposed vacation of the
12 hereinbefore described portion of said streets, reference is made to that
13 map marked "Plan No. 8849" approved November 20, 1992, on file in the
14 office of the City Clerk of said City.
15 SECTION 4. Nothing in this Resolution shall in any way affect or
16 disturb any existing easements for public utility purposes belonging either
17 to the City of San Bernardino or to any public utility and there are
18 hereby specifically reserved for the City of San Bernardino, easements in,
19 over, under, and across the entire area of the proposed vacation for street
20 lights, drainage, sewer and water purposes, and all appurtenant facilities,
21 there are also specifically reserved for Southern California Edison, General
22 Telephone and Pacific Bell Telephone, easements over, in, under or across
23 the entire real property hereinabove described to construct, place, operate,
24 inspect, maintain, repair, replace and remove such aerial and underground
25 telephone, telegraph and communication structures and electrical transmis-
26 sion structures, respectively, as the companies may from time to time
27 require, consisting of poles, anchors, wires, cables, conduits, manholes,
28 markers and necessary fixtures and appurtenances; and there are also specif-
03/01/93 2
STREET VACATION: THAT PORTION OF 7TH STREET BETWEEN "D" STREET & "E" STREET
1 ically reserved for the City of San Bernardino, and Southern California Gas
2 Company, easements in, over, under, or across, the entire real property
3 hereinabove described to construct, maintain, operate, replace and renew one
4 or more pipelines and appurtenances thereto, for the transportation of water
5 and/or gas respectively.
6 SECTION 5. That the City Engineer of the City of San Bernardino
7 is hereby directed to cause Notices of Street Vacation to be posted as
8 required by the Public Streets, Highways and Services Vacation Law.
9 SECTION 6. That the City Clerk shall certify to the adoption of
10 this Resolution of Intention and shall cause the same to be published once a
11 week for two successive weeks in The Sun, a newspaper published and
12 circulated in the City of San Bernardino, prior to the date of the above
13 public hearing.
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03/01/93 3
STREET VACATION: THAT PORTION OF 7TH STREET BETWEEN "D" STREET
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof held on the day of ,
4 1993, by the following vote, to-wit:
5
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 ESTRADA
8 REILLY
9 HERNANDEZ
10 MAUDSLEY
11 MINOR _
12 POPE-LUDLAM
13 MILLER
14
15 Rachel Clark, City Clerk
16
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18 The foregoing resolution is hereby approved this day
19 of 1993.
20
21
W. R. Holcomb, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content:
25
26 James F. Penman,
City Attorney
27
28 By: .
03/01/93 4