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HomeMy WebLinkAbout37- Public Works CITY OF SAN BERIK RDINO - REQUEST E )R 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: 12-2,1-92 - 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: $1 , 000 (Billed to EDA) 9$SO Source: (Acct. No.) 001-302-5�r?- Acct. Description) Street Vaca on Costs (Staff time charged to W. 0. #1266) Finance: Council Notes: 9 � 7 75-0252 Agenda Item No. CITY OF SAN BERN RDINO - REQUEST ( R COUNCIL 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 75-0264 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 X 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 W 4 S za 3 ) © ® 2 Is as&Is, s_r—, &j 1 0 _ � -34 2 � uj 7t ly to ar..T isa• , a .30 3r = � AREA - omg I I 12 I I � I 1 i I I 1 I 3 j 6 > I s 1 I I I I I I I 1 I � I I i i I CITY OF SAN BERNARDINO D TOR 6VPWLfe WORK /CITY ENGINEER PUBLIC WORKS DEPARTMENT bys Sheet ENGINEERING DIVISION C hecked I by s A � + REAL PROPERTY SECTIO N V. Hadcav DATE : 1ot 1 NO�IBER 20 1992 STREET / ALLEY VACATION : AREA VACATED SHOWN THUS 7Th STREET BE71= "D" STREET AND "Ely STREET FILE NO.s 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 VACATI( 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 VACATI 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. 14 15 16 17 19 20 21 22 23 24 25 26 27 28 03/01/93 3 STREET VACATII THAT PORTION OF 7TH STREET BETWEEN "D" STREET & "E" 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 17 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 1 RESOLUTION N0. 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, AND SET A PUBLIC HEARING. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 7 BERNARDINO AS FOLLOWS: 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 less, to the Point of Beginning. 28 03/01/93 1 .. yr 1 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, AND SET A PUBLIC HEARING. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 7 BERNARDINO AS FOLLOWS: 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 less, to the Point of Beginning. 28 03/01/93 1