HomeMy WebLinkAbout11- Public Works 11.a
�$EgWARpl�o
c , Consent Calendar
' City of San Bernardino
o' Request for Council Action d
GA'DED lK 2
m
Date: June 21, 2017
0
To: Honorable Mayor and City Council 0
0
From: Mark Scott, City Manager a
By: Andrea M. Miller, Assistant City Manager, Interim Public c
Works Director r-
0
Ryan Aschenbrenner, Acting Real Property Specialist
Subject: Proposed Vacation of a Portion of Genevieve Street
d
0
Recommendation 0.
0
Adopt the Resolution of the Mayor and City Council of the City of San Bernardino, a
California, declaring its intention to conduct a Public Hearing to consider the vacation of M
a portion of Genevieve Street North of Wabash Street and South of Magnolia Avenue
and the reservation of utility easements therein.
Backcround w
Streets And Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of a street and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under the d
General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a 4)
legislative body may initiate proceedings either on its own initiative or upon a petition or
request of an interested person or persons. The initiation of proceedings starts with c
fixing the date, hour and place of the hearing, followed by publishing and posting of `o
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective a
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder's office, _
0
On December 1, 2016, a petition to vacate a portion of Genevieve Street was received
from the owner of the parcel abutting the proposed street vacation (Attachment 1). The >
applicant, Rami Grinwald, Manager of 1451 E. Chevy Chase Drive, LLC, signed the H
petition requesting the street be vacated by the City and submitted Plan No. 13102 0
CL
(Exhibit "A" of Attachment 3). The reason that this street vacation is requested is to a`
deter crime and expand the safety of the communal space shared by the residents of
the apartment complex by allowing the property owner to erect gated access to the
apartment complex.
�o
r
a
Packet Pg. 135
11.a
The Mayor and City Council authorized staff to proceed with an investigation and
analysis of Plan No. 13102 to vacate a portion of Genevieve Street on January 9, 2017.
r
a�
Notices were sent out to utility providers, including the Water Department, on January y
10, 2017, informing them of the proposed street vacation. Four utilities, gas, electric,
water and phone, responded that they had existing facilities in the area proposed to be d
vacated and requested a reservation of easement.
c�
On January 11, 2017, notices were sent to City Departments and San Bernardino 0
County Fire, informing them of the proposed street vacation. c
• The Department of Public Works Traffic Engineering Division responded that tum a°
around access would be necessary to allow non-residents of the apartment
complex to turn around, and that the Hammerhead turnaround concept c
(Attachment 2) supplied by the applicant could meet this necessity.
ccU
• The Department of Public Works Engineering Division responded that there is an
existing sewer facility within the proposed street vacation which can be c
reclassified as a private lateral servicing the parcel abutting the proposed street c
vacation limits. Prior to vacating the street Public Works requested that aCLL_
manhole be installed on the existing sewer line, the sewer line north of this C4
requested manhole could then be identified as a private lateral. The petitioner, o
1451 E. Chevy Chase Drive, LLC, was notified that they would be responsible for
the sewer north of the proposed manhole as well as the construction of the o
proposed manhole. a.
LU
• The Community Development Department responded with Planning Commission y
Resolution 2017-011-PC (Attachment 3) making an Environmental Determination
that Plan No. 13102 is categorically exempt from the California Environmental
Quality Act (CEQA) per §15061(b)(3) and finding Plan No. 13102 consistent with d
the General Plan and forwarding a recommendation to the Mayor and City
w
Council to adopt the Categorical Exemption for and allow the proposed street r_
vacation of Century Avenue. The referenced Real Property Street Vacation 16- °
00011 in the Planning Commission resolution is the activity number under which a
the Street Vacation Processing Fees were collected.
w
O
• San Bernardino County Fire responded that they have no objection to the `o
proposed street vacation, stating that Fire Access requirements will continue to
be met via continued access to the existing cul-de-sac and fire lane red painted >
curbs.
d
N
O
• None of the departments that responded opposed the proposed street vacation I-
but reservations of easements were requested for existing utilities.
c
d
E
r
r
r
a
Packet Pg. 136
11.a
Courtesy notices were sent to property owners within 500' of the proposed street
vacation on January 26, 2017, informing them of the proposed street vacation and
soliciting comments, however no responses were received from the property owners.
co
Discussion
If the Resolution of Intention is adopted it will set the date, time and place for a public
hearing on July 19, 2017 at 5:00 pm in the Third Floor Board Room, 201 North "E"
Street, San Bernardino, California, at which time interested parties may present
evidence to the Mayor and City Council. The Resolution of Intention also will direct staff o
to publish notices of the public hearing in the newspaper as well as positing notices c
along the proposed street vacation as required by the SHC sections 8322 and 8323.
0
After the public hearing, the Mayor and City Council will consider a Resolution Ordering a.
the Vacation of a portion of Genevieve Street, which will adopt a Categorical Exemption c
for the street vacation, reserve easements for gas, water, electric and phone utilities o
and make a final order vacating a portion of Genevieve Street as described in Plan No.
13102.
0
Utilities which do not hold an existing easement and do not have an easement reserved c
for them in the Resolution Ordering the Vacation will not be able to use the right of way c
being vacated without first obtaining an easement from the property owner. 0-
C4
N
The street vacation proceedings are not completed until the Resolution making the final
order vacating a portion of Genevieve Street has been recorded with the San
Bernardino County Recorder's office. To ensure that the necessary improvements are o
made prior to the street vacation taking effect, the Resolution Ordering the Vacation will w
set a twelve (12) month time frame with conditions that the necessary improvements be
completed to the satisfaction of the City prior to recording or the resolution will terminate y
at the conclusion of the twelve (12) month period if the resolution has not been
recorded. The required improvements would be constructed by the applicant at their
own cost, with the turnaround improvements inspected by the Public Works Department
and the sewer improvements inspected by the Water Department.
w
0
Future actions by the City will consist of:
r-
• Public Hearing and Resolution of Vacation pursuant to SHC section 8324 0
CL
• Recordation of the Resolution of Vacation pursuant to SHC section 8325
0
r-
0
�a
ea
d
Nl
O
0.
O
L-
(L
c
as
E
t
v
�a
r
Q
Packet Pg. 137
Fiscal Impact
Costs incurred with this action will be offset by the non-refundable petitioner paid
processing fee of $2,000 which has been paid in full. a
r
Conclusion a)
Staff recommends that the Mayor and City Council adopt the Resolution of Intention to
Conduct a Public Hearing to Consider the Vacation of a portion of Genevieve Street. If
the Resolution of Intention is not adopted then the petition to vacate the street will be
terminated, and no further action will be taken. o
c
0
Attachments 0
0
Attachment 1 —Street Vacation Petition a.
Attachment 2 — Hammerhead Turnaround Concept c
Attachment 3 — Planning Commission Resolution No. 2017-011-PC c
Exhibit "A" — Plan No. 13102
Attachment 4 — Resolution
-0
d
Ward: 2 w
0
a
O
Synopsis of Previous Council Actions: a
N
• Jan 9, 2017-Council approved item 51 authorizing staff to investigate Plan No. 13102 to c
vacate a portion of Genevieve Street.
H
Q:
O
a
W
o:
r
d
m
3
m
C
m
C9
0
c
O_
t=
O
a
a
0
c
O
ea
ca
m
N
O
Q
O
L.
CL
c
d
E
t
R
a+
Q
Packet Pg. 138
i
11.b
APPLICATION FOR STREET!ALI,FY/EASEMENT VACATION
P
To City of San Bernardino
Public Works Department,Real Property Section aoi
300 N."I)"Street-3'0 Floor,San Bernardino,CA 9241 S
(909)384.5111 N
`Phis application is hereby submitted to the City of San Bernardino, to initiate proceedings for the •>
following street/Riley/casement located in the City of San Bernardino putsuant to Section 8300 et seq of the
State of Califerda Streets and highways Code (Name the street or describe the location of the alley or 0
I,
easement and portion requested for vacation along with a plat map delineating the arra) O
r_
O
1410 Genevieve Street, San Bernardino, CA 92405. See attached plan and map 0
CL0
The vacation is requested for the following reason(s)• p
to
v
To install security gate across Genevieve Street to cut down on crime and
m
nuisance in the area. 0
-- _ a
O
I understand that a total non-refundable fee of $ 2,000.00 shall be paid by me as a cost of the d
proceedings,one half of which $1,000.00 is hereby enclosed. The remainder of 51 0( .00 shall be due and N
M
Payable after the investigative proceedings are complete and prior to the commencement of the legal CD_
proceedings 1 further understand that said fees are NOT payment for any real property or
improvements thereon, [jut for the costs of the vacation proceedings ONLY and that the City of San Z
b
W
Bernardino dots NOT determine underlying ownership of the area to be vacated nor does it guarantee
title to any property involved and I have been advised to consult a title company to determine such U
ownership,
F-
I
I underrtand that at the conclusion of the investigative proceedings, the City will notify me of its Q
findings inciu&ng and conflicts with City facilities now located in the area proposed to be vacated, or the
m
request by any utility company for the reservation of any existing easements and that such conflicts or >
_O
reservations may affect the intended use of the proposed area,once vacated,and that I may elect to terminate or >
iv
continue the proceedings. If 1 elect to continue, the remaining unpaid fms stall be paid by me prior to the 4)
continuance of said proceedings.
O
1 understand that the requested vacation is subject to the approval of the Mayor and Common Council of a
O
the City of San Bernardino and that there is no guarantee that such approval will be made. 'C
O
0-
10/18/16
10/18/16 Rami Grinwald, Manager
-' O
Date Print Name nature C
O
(818) 821=6800 6350 Laurel Canyon Blvd., Suite 404, North Hollywood, CA U
Tel.No, Address -City,State,Zip91606
m
to
O
PLEASE NOTE: a
The City requests that at least 90%of the adjoining property owners(not tenants)indicate interest in the O
proposed vacation,Please have all interested parties complete and sign this petition prior to submitting to the d
City.Attach additional sheets as necessary.
We,the undersigned property owners,or authorized agents thereof,have read and understand the m
application and wish to proceed with the requested vacation as stated herein, s
U
Q
Packet Pg. 139
11.b
m
a�
ACTION BY WRITTEN CONSENT
OF THE MANAGER y
OF >
Q
1451 E.CHEVY CHASE DRIVE,LLC, >
a California limited liability company
/.application to 1 acate Properp -Cin!of San Bernardino)
w
0
The undersigned. the Manager(the "Manager")of 1451 E. CHEVY CHASE DRIVE.LLC,a California c
limited liability company (the "Company"), does hereby dispense with the formality of a special meeting of the 0
Members and hereby adopts the following resolutions: 0
a
WHEREAS, the Company desires to apply to have the City of San Bernardino %acate certain property C
located at or around 1410 Genevieve Street,San Bernardino(the "Application"): _
0
WHEREAS,the !Manager has reviewed the Application and all other documents related to the Application
(collectively,the"Application Documents").and >
WHEREAS, the Manager believes that it is in the best interest of the Company for the Company to move N
forward with the Application. 0
CL
0
L.
NOW, THEREFORE, BE IT RESOLVED. Rami Grinwald is authorized, empowered and directed to a
execute and deliver all of the Application Documents on behalf of the Company and to consummate the transactions N
contemplated thereby; c
RESOLVED FURTHER. that Rami Grinwald is authorized, empowered and directed to execute and
deliver such other normal and customary agreements. instruments,certificates or other documents,and to take such f'
further normal and customary actions as the Company deems reasonably necessary and appropriate in connection W
with the Application Documents to consummate the transactions contemplated by the Application Documents;and
2
U
RESOLVED,FURTHER.that any and all acts of the Company, including those taken by Rami Grinwald. Q
in furtherance of the transactions contemplated by the foregoing resolutions taken prior to the adoption of these Q
resolutions.are hereby ratified,confinned.approved.and adopted.
m
m
d
[Signatures on Following Page] 40i
U
0
C
0
0
CL
�o
0
C
0
�a
U
R
CD
rn
0
CL
0
IL
c
d
E
r
ra
a
Packet Pg. 140
11.b
m
m
IN WITNESS WHEREOF, the undersigned has executed this ,Action by Written Consent of the Manager as of N
October 25,2016.
m
1451 E.CHEVY CHASE DRIVE.LLC c
d
a California limited liability company, �
0
c
By: 0
Name: O rinwald 0
O
Its: Manager (-
0
w
O
c
O
0
U
0
m
N
O
CL
O
L.
CL
N
Cl)
O
U)
t z
Z
W
2
U
a
a
4:
U)
a)
d
d
d
0
C
0
'C
0
a
�a
O
O
r
�a
0
m
to
O
a
O
L.
a
c
as
E
r
�a
.r
a
Packet Pg. 141
11.c
ars ipar Zid
I II k
I d
U)
_ + >
p E- g '>
I II I 11 I d
d
� n 1
0
I It I II I n Z =
Od
a
II z =
It o
if
Clq
u I
N
II I i 11
II 1 II 1 Z
I' I t II W
I I II
I I i II
H
li II
II a II Q
1 II N
II it
4)
II � I II I d
II 11
n
N
li
0
0
0
CL
� o
0
Y �
� � W
a �
n Q
C (!D II o
z ■ � L) a
-
I
a 6g At - `n
- ' Q
0
Packet Pg. 142
11.d
RESOLUTION NO. 2017-011-PC
r
d
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE
MAYOR AND CITY COUNCIL THE ADOPTION OF THE
CATEGORICAL EXEMPTION AND APPROVAL OF REAL PROPERTY
STREET VACATION 16-00011 FOR PLAN NO. 13102 TO ALLOW
STREET VACATION OF A PORTION OF N. GENEVIEVE STREET
LOCATED APPROXIMATELY 315 FEET NORTH OF W. WABASH
STREET. a0
M
WHEREAS, on December 1, 2016, pursuant to the requirements of §8312, Division 9, _
Part 3 of the Streets and Highway Code, California Government Code §65402, and Chapter
19.56 (interpretation) of the City of San Bernardino Development Code, an application for Real a
Property Street Vacation 16-00011 for Plan No. 13102 was duly submitted by: >
d
Property Owner: City of San Bernardino 0
CL
300 N. "D"Street a`0
San Bernardino, CA 92418 N
M
O
fl
Project Applicant: Joseph E. Bonadiman&Associates, Incorporated C„,
234 N. Arrowhead Avenue I--
z
San Bernardino, CA 92408 W
x
U
WHEREAS, the Planning Division of the Community Development Department has a
reviewed Real Property Street Vacation 16-00011 for Pian No. 13102 for consistency with the a
City of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code;and d
a)
WHEREAS, the Circulation Element is to design and improve a circulation system to 0
meet current and future needs of all residents and visitors, accommodate pedestrian traffic, deter o
crime and expand the safety of neighborhoods, and the vacating of a portion of N. Genevieve o
Street will not conflict with the City's General Plan Circulation Element; and c
(L
M
WHEREAS, pursuant to the requirements of Chapter 19.56 of the City of San
Bernardino Development Code, the Planning Commission has the authority to take action on 0
Real Property Street Vacation 16-00011 for Plan No. 13102; and
a)
U)
0
CL
0
IL
c
as
1 E
ea
a
Packet Pg. 143
11.d
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby
resolve, determine, find, and order as follows: d
a�
U)
SECTION 1. ENVIRONMENTAL DETERMINATION: >
a�
In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act
c�
(CEQA), the Planning Division conducted an environmental evaluation in connection with c
proposed Real Property Street Vacation 1600011 (Plan No. 13102) and concluded that Real c
Property Street Vacation 1600011 (Plan No. 13102) is found to be exempt under §15061(b)(3) c
(Review for Exemption) of CEQA due to the fact that the activity is covered by the general rule a
that CEQA applies only to projects, which have the potential for causing a significant effect on c
the environment. The proposed street vacation of a portion of N. Genevieve Street has been c
evaluated, per §15061(b)(3) (Review for Exemption) of CEQA, and it can been seen with
certainty that there is no possibility that the proposed activity may have a significant effect on the >
environment. Therefore, the proposed street vacation of a portion of N. Genevieve Street is not y
subject to CEQA. °a
O
16.
SECTION 2. FINDINGS FOR REAL PROPERTY STREET VACATION 16-00011: a
N
M
Section 65402 of the California Government Code requires that Street Vacations meet a certain ='
finding prior to the approval by the Mayor and City Council. Accordingly,the following finding
is provided in support of the recommendation by the Planning Commission for the approval of w
Real Property Street Vacation 1600011 (Plan No. 13102) by the Mayor and City Council. g
x
Finding No. 1: The proposed street vacation is consistent with the General Plan.
a
Finding of Fact: The proposed vacation of a portion of N. Genevieve Street located .:
approximately 315 feet north of W. Wabash Street would accommodate
pedestrian traffic, deter crime and expand the safety of the communal
space shared by the residents of the apartment complex. Additionally, _
since N. Genevieve Street circulation dead-ends within the apartment
complex the proposed vacating of a portion of N. Genevieve Street would 0
0
not be detrimental to existing circulation. It should also be noted that
according to the City's General Plan Circulation Element, N. Genevieve
Street is designated as a Local street, which only provides minor access to a°
residential properties located on N. Genevieve Street from W, Wabash tv
Street. Thus, the vacating of a portion of N. Genevieve Street will not °
conflict with the City's General Plan Circulation Element. Therefore,Real
Property Street Vacation 1600011 for Plan No, 130102 is consistent with v
the City's General Plan.
d
N
O
O.
O
L-
0.
c
m
2 E
.r
a
Packet Pg. 144
11.d
SECTION 3. PLANNING COMMISSION ACTION:
d
The Planning Commission hereby takes the following action: N
m
1. Adoption of Planning Commission Resolution No. 2017-011 forwarding a >
CD
recommendation that the Mayor and City Council: d
t�
O
a. Adopt the Categorical Exemption for Real Property Street Vacation 16-00011 for c
Plan No. 13102, pursuant to §15061(6)(3) (Review for Exception) of the c
California Environmental Quality Act;and a
O
b. Approve Real Property Street Vacation 16-00011 for Plan No. 13102 to allow o
street vacation of a portion of N. Genevieve Street (Exhibit"A").
R
PASSED,APPROVED AND ADOPTED this 15'h of February 2017.
N
O
a
O
a
M
La easley,Chairman n
San Bernardino Planning Commission C.)
f-
z
W
x
U
Q
H
H
Q
ATTEST:
d
d
a)
d
Mark Persico, Planning Commission Secretary o
City of San Bernardino, California o
r-
O
IL
�o
w
O
r-
0
a
v
ea
m
U!
O
Q
O
L-
IL
w
c
m
3 r
ca
Q
Packet Pg. 145
11.d
CERTIFICATION:
r
CD
d
L
1, Melina Perez-Ramirez, Recording Secretary of the Planning Commission of the City of San N
Bernardino, California, do hereby certify that the foregoing Resolution No. 2017-011, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regular
meeting thereof held on the 15`h day of February 2017, by the following vote, to'Mt:
w
0
AYES: Heasley, Machen, Lopez, Eble, Gallaher, Earp and Jones c
0
NOES: None
w
0
ABSENT: Quiel and Durr o
�a
ABSTAIN: None >
V
(D
V)
O
0.
O
L
a
Melina Pere - amire ec rding Se retary N
City of San Bernardino,Cali ornia
LaM
F-
Z
W
2
U
Q
H
H
Q
N
m
m
m
c
m
C7
0
c
0
O
CL
�o
O
C
0
m
M
O
0.
O
L
CL
r
c
d
4 r
ca
r
Q
Packet Pg. 146
m
a�
as
as
m
c
d
0
c
0
0
0-
0 0
C
0
EXHIBIT "A99 '
STREET VACATION 16-00011 Q
0
L-
a.a
N
M
O
N
Cl)
H
Z
W
U
a
a
w
Co
d
c�
0
c
0
0
CL
�o
0
C
0
u
�a
m
0
CL
0
a
CD
E
L
u
r�+
Q
Packet Pg. 147
11.d
r
d
SD
100 0 100 rn
m
>
SCALE: 1"=1 p0,
d
PROPOSED
STREET VACATION I =
0
LOT 2
I Iii. NO. J265 ao
MOUNTAIN VIEW MANOR m
M8 43/96 0
_
0
C14 m
OF d
z z m 59 o
z INN LOT 1 0
TR. NO. 3265 a`
I MOUNTAIN VIEW MANOR I a
Q I MB 43/96 } o
Co
Q
W P.O.B. 3 co)
> z
z w
w
z APN: 0146-163-26 N APN: 0146-163-25 _
U
a
I w U)
d
_
0
0
O
I
I I 0
c
0
WABASH ST.
--- — "" — >
a71'OF SAN
JOSEPH E.BONADIMAN i ASSOCIATES,INC.DOES NOT WARRANTY THE ACCURACY OF THE O.I.S.DATA PRESENTED Baw w d
IN THIS EXHIBR.THIS EXHIBIT MAY CONTAIN INFORMATION COPYRIGHTED TO THE COUNTY OF SAN BERNARDINO,CA �� 0
CLO
PROPOSED STREET VACATION
AU' A `a
CITY OF SAN BERNARDINO,CA
�Vnt DATE:11-28.16 E
d
• " llli�,IL'Itirelll`9` �e�w� JOB NO.:164355 of
L
a+
r
Q
Packet Pg. 148
II.e
1
RESOLUTION NO.
2
U)
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN a)
3 >
BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A
4 PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF c
GENEVIEVE STREET NORTH OF WABASH STREET AND SOUTH OF
5 MAGNOLIA AVENUE AND THE RESERVATION OF UTILITY EASEMENTS c
6 THEREIN c
7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY W
OF SAN BERNARDINO AS FOLLOWS: c
8 0
9 SECTION 1. The Mayor and City Council of the City of San Bernardino hereby
10 declares its intention to conduct a public hearing to consider the vacation of that portion of
M
O
11 Genevieve Street as shown on Tract No. 3265, in the City of San Bernardino, County of San 0
L-
a.
12 Bernardino, State of California, as per map recorded in Book 43, Page 96 of Maps, in the M
13
Office of the County Recorder of said County, more particularly described as follows:
14 z
BEGINNING AT SAID SOUTHEAST CORNER OF LOT 3, SAID POINT BEING ON W
15 THE WEST RIGHT-OF-WAY OF SAID GENEVIEVE STREET; _
16 THENCE, NORTH ALONG SAID WEST RIGHT-OF-WAY AND THE EAST LINE OF
SAID LOT 3 A DISTANCE OF 195.80 FEET TO THE BEGINNING OF A 10.00 Q
17 FOOT RADIUS TANGENT CURVE CONCAVE TO THE SOUTHWEST, SAID
CURVE BEING A PART OF A CUL-DE-SAC OF GENEVIEVE STREET. N
a�
18 CONCAVE TO THE SOUTH;
19 THENCE, NORTHWESTERLY ALONG SAID CUL-DE-SAC AND SAID EAST LINE;
OF LOT 3 AND ALONG SAID CURVE AN ARC LENGTH OF 9.48 FEE'1
20 "THROUGH A CENTRAL ANGLE OF 54018'53" TO THE BEGINNING OF A 50.00 c
FOOT RADIUS REVERSE CURVE CONCAVE TO THE SOUTH; c
21 THENCE, CONTINUING NORTHERLY ALONG SAID CUL-DE-SAC AND SAID
22 EAST LINE OF LOT 3 AND ALONG SAID CURVE AN ARC LENGTH OF 122.11 a.
FEET THROUGH A CENTRAL ANGLE OF 139°55'18" TO A CORNER OF SAID 4-
23 LOT 3, SAID POINT ALSO BEING A CORNER OF LOT 2 OF SAID TRACT; r_
THENCE, CONTINUING SOUTHERLY ALONG SAID CUL-DE-SAC AND THE
24 WEST LINE OF SAID LOT 2 AND ALONG SAID CURVE AN ARC LENGTH OF
�a
25 129.77 FEET THROUGH A CENTRAL ANGLE OF 148042128" TO THE >
BEGINNING OF A 10.00 FOOT RADIUS REVERSE CURVE CONCAVE TO THE N
26 SOUTHEAST; a
THENCE, CONTINUING SOUTHWESTERLY ALONG SAID CUL-DE-SAC AND a
27 THE WEST LINE OF SAID LOT 2 AND ALONG SAID CURVE AN ARC LENGTH
OF 9.48 FEET THROUGH A CENTRAL ANGLE OF 54018'53" TO THE EAST d
' 28 RIGHT-OF-WAY OF GENENVIEVE STREET AS SHOWN ON SAID TRACT;
a
1 a
Packet Pg. 149
11.e
1 THENCE, SOUTH ALONG SAID EAST RIGHT-OF-WAY AND SAID WEST LINE
OF LOT 2 A DISTANCE OF 18.75 FEET TO THE SOUTHWEST CORNER OF
2 N
SAID LOT 2. SAID POINT ALSO BEING THE NORTHWEST POINT OF LOT 1 d
3 OF SAID TRACT; '
d
THENCE. SOUTH ALONG SAiD EAST RIGHT-OF-WAY AND THE WEST LINE OF
4 SAiD LOT i A DISTANCE OF 177.34 FEET TO THE SOUTHWEST CORNER OF
SAiD LOT 1, 01
5 THENCE, LEAVING SAID EAST RIGHT-OF-WAY AND SAID WEST LINE OF LOT
6 i AND GOiNG SOUTH 89°38'30" WEST A DISTANCE OF 50.00 TO THE POINT
OF BEGINNING. 0 a
7
w
8 SECTION 2. The Mayor and City Council, in vacating the above described portion 0
9 of said street, elects to proceed under and in accordance with the provisions of Chapter 3 of
�a
10 the "Public Streets. Highways. and Service Easements Vacation l,aw'*. being Division 9. Part
0
11 3 of the Streets and Highways Code of the State of California. o
CL
12 SECTION 3. The hour of 5:00 p.m. on July 19'h, 2017 in the Third Floor Board M
13 c
Room. 201 North "E" Street. San Bernardino, California. is fixed as the time and place when
14 z
15 and where all persons interested in or objecting to the proposed vacation may appear before W
x
16 the said Mayor and City Council and offer evidence in relation thereto. For further particulars a
f-
17 as to the proposed vacation. reference is made to that map marked "Plan No. 13102". Q
U)
18 approved on 1/9/2017. a copy of which is on file in the office of the City Clerk of said City. d
19 m
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any
20 0
4-
21 existing easements for public utility purposes belonging either to the City of San Bernardino 0
0
22 or to any public utility. Reservation of easements are made in accordance with the provisions 0
CL
�o
23 of Division 9, Part 3. Chapter 5, Article I of the Streets and Highways Code of'the State of 0
_
240
California. as specifically set forth: 4o
25 i°
1. There is hereby specifically reserved for the CITY OF SAN BERNARDiNO, an
26 c
easement for water utility purposes over the entire area proposed to be vacated. including c
27 a`
28 the right at any time, or from time to time, to construct, maintain, operate. replace and
m
E
s
2
Q
Packet Pg. 150
11.e
1 renew one or more pipelines or appurtenances thereto for the transportation of water.
L
2 including the right of ingress and egress thereto.
3
2. There is hereby specifically reserved for SOUTHERN CALIFORNIA EDISON.
4
5 its successors, heirs and assigns, an easement over the entire area proposed to be vacated, c
_
0
6 with the necessary rights to use, maintain. operate. repair, replace, remove, or renew r-
0
a
7 existing overhead facilities used and useful for the Transmission/Distribution of electric ,-
0
8 energy and for the transmitting intelligence by electric means to the public and necessary 0
cc9
fixtures and appurtenances and said easement shall include rights of ingress and egress >
10
thereto. 0
11 0
L
12
3. There is hereby specifically reserved for SOUTHERN CALIFORNIA GAS
N
M
13 COMPANY, its successors, heirs and assigns, an easement in, upon, over, and across the U)
IT
14 entire area proposed to be vacated, to construct, place, operate, inspect, maintain, enlarge,
z
W
15 repair, replace and remove any existing and future facilities, and necessary fixtures and v
16 a
appurtenances and said easement shall include rights of ingress and egress thereto. a
17
18 4. There is hereby specifically reserved for FRONTIER CALIFORNIA INC., its
d
19 successors, heirs and assigns, an easement over the entire area proposed to be vacated, with
d
20 the necessary rights to use, maintain, operate, repair, replace, remove, or renew existing
0
21 =
overhead facilities, used and useful for the telecommunications purposes, and necessary
22 0
0.
fixtures and appurtenances and said easement shall include rights of ingress and egress
23 c
24 thereto. r_w
25 SECTION 5. The Director of Public Works of the City of San Bernardino hereby is
26 directed to cause Notices of Street Vacation to be posted as required by said "Public Street. c
o.
27 a0
Highways and Service Easements Vacation Law."
213 c
d
L
V
3
a
Packet Pg. 151
II.e
1 SECTION 6. The City Clerk shall certify to the adoption of this Resolution of
d
d
2 Intention and shall cause notice of the hearing on the proposed vacation to be published once
aD
3 D
a week for two successive weeks in The Sun, a newspaper published and circulated in the City
4 =
d
5 of San Bernardino, prior to the above date set forth for the public hearing as required by said c
6 "Public Street, Highways and Service Easements Vacation Law."
0
a
7
0
8 0
0
10 d
li l a
ll o
12
M
13 /// LO
c
I v
�r
14 /J/ z
LU
15 JJJ v
16
17 N
18 JJJ
19 /// c
d
c�
20
21
0
22
JJJ 0
23 c
24
25 m
0
26 JJJ 0
CL
0
a
27
28 E
�o
4
a
Packet Pg. 152
11.e
1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A
2 ca
PUBLIC HEARING TO CONSIDER THE VACATION OF CENTURY AVENUE
BETWEEN SHOW CASE DRIVE NORTH AND COMINO REAL AND THE
3
RESERVATION OF UTILITY EASEMENTS THEREIN
4
5 1 IiEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 0
c
O
6 and City Council of the City of San Bernardino at a c
a
7 m
meeting thereof, held on the day of . 2017. by the following vote. 0
8 =
0
to wit:
9
R
10 Council Members: AYES NAYS ABSTAIN ABSENT
N
O
1l MARQUEZ 00.
12 BARRIOS N
13 LO
VALDIVIA
14 F-
SHORETT w
15 - -- — - g
x
16 NICKEL _ a
17 RICHARD a
18 MULVIHILI_ >
19 d
c
20 t'
Georgeann Hanna.CMC. City Clerk o
21 C
0
22 The foregoing Resolution is hereby approved this day of . 2017, 0
23 0
c
24 - -- - o
R. Carey Davis. Mayor
25 City of San Bernardino >
26 Approved as to form: c
Gary D. Saenz,City Attorney c
27
a
28 By: m
E
5 m
a
Packet Pg. 153
This page left blank intentionally