HomeMy WebLinkAbout2018-0741
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RESOLUTION NO. 2018-74
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A
PORTION OF SEWER PIPELINE EASEMENTS SOUTH OF DUMAS STREET AND
WEST OF WATERMAN AVENUE
WHEREAS, the Mayor and City Council previously adopted Resolution 2016-143
adopting a Mitigated Negative Declaration and approving a Mitigation Monitoring and
Reporting Program for General Plan Amendment 15-02, Development Code Amendment
(Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and
Development Permit Type -D 15-11; and
WHEREAS, the proposed easement vacation makes no changes to the environmental
conditions of the subject site and any possible effect on the environment due to vacating this
portion of right-of-way would be a result of development Subdivision 15-05 (Tentative Parcel
Map 19692) under Development Permit Type -D 15-11 for which the previous environmental
determination remains valid, pursuant to § 15162 (Previous Environmental Determination) of
the California Environmental Quality Act; and
WHEREAS, on February 22, 2018, the Public Works Department of the City of San
Bernardino received a letter from the San Bernardino Municipal Water Department stating
that, pursuant to the conditions of approval, an existing 54" RCP gravity sewer line and an
existing 36" steel effluent line which interfered with new construction were relocated at the
Developer's expense; and
WHEREAS, the Developer has prepared a map dedicating an easement to the City of
1 San Bernardino containing the new location of the relocated gravity sewer line and steel
effluent line.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of the City of San Bernardino find that the
above -stated Recitals are true and hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact — Summary Vacation Authority:
Finding No. 1: The sewer easement proposed for vacation has been superseded
by relocation and there are no other public facilities located within the
easement.
Finding of Fact: The San Bernardino Municipal Water Department was the only
entity maintaining public facilities within the easements proposed to be vacated
and their facilities have been relocated to a new alignment. This vacation
satisfies the conditions of Streets and Highways Code (SHC) Section 8333 to
be summarily vacated.
Finding No. 2: There are no in-place public utility facilities that are in use and
would be affected by the vacation.
Finding of Fact: The existing public utility facilities which occupied the Sewer
Easement were removed at the time the relocations were completed. This
vacation satisfies the conditions of SHC Section 8334.5 to be summarily
vacated.
SECTION 3. The Mayor and City Council of the City of San Bernardino, in vacating
the public service easements described in Section 4, elect to proceed under and in accordance
with the provisions of the "Summary Vacation" chapter of the "Public Streets, Highways, and
Service Easements Vacation Law", being Division 9, Part 3, Chapter 4 of the Streets and
Highways Code of the State of California.
SECTION 4. The Mayor and City Council of the City of San Bernardino do hereby
vacate all those easements for sewer pipeline and maintenance purposes in, over, under,
across and upon Lot 25, Block 54, Rancho San Bernardino, as per plat recorded in Book 7 of
Maps, Page 2, records of County of San Bernardino, State of California, more particularly
described in Exhibit "A" attached hereto and incorporated herein as though set forth at length,
and depicted in Exhibit `B" attached hereto and incorporated herein by reference.
SECTION 5. From and after the date this Resolution is recorded, the easements
I described in Exhibit "A" will no longer constitute public service easements.
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SECTION 6. It is hereby determined that the vacation of said sewer easement is
categorically exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to § 15162 (Previous Environmental Determination) of the California
Environmental Quality Act.
SECTION 7. The Mayor and City Council order this summary vacation on the
condition that a map will be recorded granting the City an easement with the necessary rights
to maintain, operate, install, remove, or otherwise modify facilities for public utility purposes.
SECTION 8. The City Clerk is hereby directed and authorized to file a certified copy
of this Resolution, attested by the Clerk under seal, with the San Bernardino County
Recorder's office.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A
PORTION OF SEWER PIPELINE EASEMENTS SOUTH OF DUMAS STREET AND
WEST OF WATERMAN AVENUE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
21 St day of March 2018, by the following vote, to wit:
Council Members:
AYES NAYS
MARQUEZ
V
BARRIOS
I�
VALDIVIA
SHORETT
NICKEL 1�
RICHARD
MULVIHILL X
ABSTAIN ABSENT
Georgeann danna, CM'e, City Clerk
The foregoing Resolution is hereby approved this 21St day of March 2018.
i
R. Carey Dav'. , Mayor
City of SanXernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
21
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT VACATION
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING ALL OF
THOSE CERTAIN EASEMENTS, OR PORTIONS THEREOF, FOR SEWER PIPELINE AND MAINTENANCE
PURPOSES IN FAVOR OF THE CITY OF SAN BERNARDINO, IN, THROUGH, OVER, UNDER, UPON AND
ACROSS LOT 25, BLOCK 54, RANCHO SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY
DESCRIBED IN DOCUMENTS RECORDED AUGUST 24, 1960 IN BOOK 5221, PAGE 242; SEPTEMBER 30,
1960 IN BOOK 5248, PAGE 355; AND RECORDED DECEMBER 18, 1961 IN BOOK 5613, PAGE 145, ALL OF
OFFICIAL RECORDS OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF SAID LOT 25, LYING WITHIN A 15 FOOT WIDE STRIP OF LAND, THE
CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF DUMAS STREET, 20.00 FEET WIDE, AND ON THE
SOUTHERLY PROLONGATION OF THE CENTER LINE OF AMOS AVENUE, 40.00 FEET WIDE;
THENCE SOUTHERLY ON THE SAID SOUTHERLY PROLONGATION OF SAID CENTER LINE OF AMOS
AVENUE, 181.2 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS IS
44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE AT AN ANGLE OF 82050', TANGENT 38.8 FEET, LENGTH
63.61 FEET,
THENCE SOUTHWESTERLY IN A STRIAGHT LINE TO A POINT 227.60 FEET EASTAND 244.60 FEET SOUTH
OF THE NORTHWEST CORNER OF SAID LOT 25.
Page 1 of 1
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RECORMIG REQUESTED BY
CITY OF SAN BERNARDINO
AND W EN RECORDED MAR_ DOCUMENT AND
TAX STATEMENT To,
NAME CITY OF SAN BERNARDINO
CITY CLERK
"Jim
Aawn 290 N. "D" STREET
CITY. STATE &SAN BER
m NARDINO, CA 92401
FEE EXEMPT PURSUANT TO
SHC SECTION 8336
Recorded in Official Records, County of San Bernardino
5/07/2018
BOB DUTTON
1 A"
CG
ASSESSOR - RECORDER - CLERK
SAN
P Counter
Titles 1
Pages 7
Doc# 2018-0165134
Fees
0.00
Taxes
0.00
CA Fee
0.00
Others
0.00
Paid
$0.00
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION OF SUMMARY VACATION
Title of Document
vu�� AREA ��G�3
G3C�C�OG3DC�G3°a
OHLIf
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(;3.00 Additional Recording Fee Applies)
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RESOLUTION NO. 2018-74
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
' BERNARDINO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A
PORTION OF SEWER PIPELINE EASEMENTS SOUTH OF DUMAS STREET AND
WEST OF WATERMAN AVENUE
WHEREAS, the Mayor and City Council previously adopted Resolution 2016-143
adopting a Mitigated Negative Declaration and approving a Mitigation Monitoring and
I Reporting Program for General Plan Amendment 15-02, Development Code Amendment
(Zoning Map Amendment) 15-04, Subdivision 15-05 (Tentative Parcel Map 19692) and
Development Permit Type -D 15-11; and
WHEREAS, the proposed easement vacation makes no changes to the environmental
11 , conditions of the subject site and any possible effect on the environment due to vacating this
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as
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portion of right-of-way would be a result of development Subdivision 15-05 (Tentative Parcel
Map 19692) under Development Permit Type -D 15-11 for which the previous environmental
determination remains valid, pursuant to § 15162 (Previous Environmental Determination) of
the California Environmental Quality Act; and
WHEREAS, on February 22, 2018, the Public Works Department of the City of San
I Bernardino received a letter from the San Bernardino Municipal Water Department stating
that, pursuant to the conditions of approval, an existing 54" RCP gravity sewer line and an
existing 36" steel effluent line which interfered with new construction were relocated at the
Developer's expense; and
WHEREAS, the Developer has prepared a map dedicating an easement to the City of
San Bernardino containing the new location of the relocated gravity sewer line and steel
effluent line.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
I COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of the City of San Bernardino find that the
above -stated Recitals are true and hereby adopt and incorporate them herein.
This document is a full, true, and
correct copy of the original on file in
the S:xu BernardiRe-ei UeWs Office.
1
City Cl
Pets on No. 2-0 ,ages
Fuhibit5 A+B-
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SECTION 2. Findings of Fact — Summary Vacation Authority:
Finding No. 1: The sewer easement proposed for vacation has been superseded
by relocation and there are no other public facilities located within the
easement.
Finding of Fact: The San Bernardino Municipal Water Department was the only
entity maintaining public facilities within the easements proposed to be vacated
and their facilities have been relocated to a new alignment. This vacation
satisfies the conditions of Streets and Highways Code (SHC) Section 8333 to
be summarily vacated.
Finding No. 2: There are no in-place public utility facilities that are in use and
would be affected by the vacation.
Finding of Fact: The existing public utility facilities which occupied the Sewer
Easement were removed at the time the relocations were completed. This
vacation satisfies the conditions of SHC Section 8334.5 to be summarily
vacated.
SECTION 3. The Mayor and City Council of the City of San Bernardino, in vacating
the public service easements described in Section 4, elect to proceed under and in accordance
with the provisions of the "Summary Vacation" chapter of the "Public Streets, Highways, and
Service Easements Vacation Law", being Division 9, Part 3, Chapter 4 of the Streets and
Highways Code of the State of California.
SECTION 4. The Mayor and City Council of the City of San Bernardino do hereby
vacate all those easements for sewer pipeline and maintenance purposes in, over, under,
across and upon Lot 25, Block 54, Rancho San Bernardino, as per plat recorded in Book 7 of
Maps, Page 2, records of County of San Bernardino, State of California, more particularly
described in Exhibit "A" attached hereto and incorporated herein as though set forth at length,
and depicted in Exhibit `B" attached hereto and incorporated herein by reference.
SECTION 5. From and after the date this Resolution is recorded, the easements
described in Exhibit "A" will no longer constitute public service easements.
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SECTION 6. It is hereby determined that the vacation of said sewer easement is
categorically exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to § 15162 (Previous Environmental Determination) of the California
Environmental Quality Act.
SECTION 7. The Mayor and City Council order this summary vacation on the
condition that a map will be recorded granting the City an easement with the necessary rights
to maintain, operate, install, remove, or otherwise modify facilities for public utility purposes.
SECTION 8. The City Clerk is hereby directed and authorized to file a certified copy
of this Resolution, attested by the Clerk under seal, with the San Bernardino County
Recorder's office.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A
PORTION OF SEWER PIPELINE EASEMENTS SOUTH OF DUMAS STREET AND
WEST OF WATERMAN AVENUE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and. City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
21 1 day of March 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _ V
BARRIOS
VALDIVIA XCs�
SHORETr XCm
NICKEL
RICHARD k
MULV HILL X
Georgeann Anna, CW, City Clerk
The foregoing Resolution is hereby approved this 21s' day of March 2018.
R. Carey Da` , Mayor
City of San . em1rdino
Approved as to form:
Gary D. Saenz, City Attorney
4
EXHIBIT "A"'
LEGAL DESCRIPTION
EASEMENT VACATION
IN THE C17Y OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING ALLOF
THOSE CERTAIN EASEMENTS, OR PORTIONS THEREOF, FOR SEWER PIPELINE AND MAINTENANCE
PURPOSES IN FAVOR OF THE CITY OF SAN BERNARDINO, IN, THROUGH, OVER, UNDER, UPON AND
ACROSS LOT 25, BLOCK 54, RANCHO SAN BERNARDINO, AS PER MAP RECORDED 1N BOOK 7, PAGE 2 OF
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY
DESCRIBED IN DOCUMENTS RECORDED AUGUST 24,1960 IN BOOK 5221, PAGE 242; SEPTEMBER 30,
19601N BOOK 5248, PAGE 35S; AND RECORDED DECEMBER 18, 1961 IN BOOK 5613, PAGE 145, ALL OF
OFFICIAL RECORDS OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF SAID LOT 25, LYING WITHIN A 15 FOOT WIDE STRIP OF LAND, THE
CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH UNE OF DUMAS STREET, 20.00 FEET WIDE, AND ON THE
SOUTHERLY PROLONGATION OF THE CENTER LINE OF AMOS AVENUE, 40.00 FEET WIDE;
THENCE SOUTHERLY ON THE SAID SOUTHERLY PROLONGATION OF SAID CENTER LINE OF AMOS
AVENUE, 181.2 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS IS
44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE AT AN ANGLE OF 82°50', TANGENT 38.8 FEET, LENGTH
63.61 FEET;
THENCE SOUTHWESTERLY IN A STRIAGHT UNE TO A POINT 227.60 FEET EASTAND 244.60 FEET SOUTH
OF THE NORTHWEST CORNER OF SAID LOT 25.
Page 1 of 1
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