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Home My WebLink About2019-017Resolution No. 2019-17 RESOLUTION NO. 2019-17 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF PORTIONS OF LITTLE MOUNTAIN COURT AND 27TH STREET AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, On October 26, 2017 a petition to vacate a portion of Little Mountain Court was received on from Scott C. Beard which owns the property on the corner of Little Mountain Court and 27t` Street abutting the proposed street vacations; and WHEREAS, On October 17, 2018, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13241 to vacate portions of Little Mountain Court, and WHEREAS, On August 30, 2018, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500' informing them of the proposed street vacations, and 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 San Bernardino, California hereby declare its intentions to order the vacation of portions of Little Mountain Court and the reservation of utilities therein as described on each of the legal descriptions attached hereto and incorporated as Exhibit "A" and depicted on each of the maps attached hereto and incorporated herein as Exhibit «B" SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portions of said streets, elects to proceed in accordance with the provisions of the "Public Streets, Highways and Service Easements Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California SECTION 3. The hour of 5:00 p.m., on Wednesday, March 6, 2019, in the 3rd Floor Council Chamber of 201 North "E" Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the propose vacation areas may appear before the Mayor and City Council of San Bernardino, California and offer evidence in relation hereto. For further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 13241". SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings; and is hereby specifically reserved for the City of San Bernardino Municipal Water Department, an easement for the full width of Resolution No. 2019-17 each street portion proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances thereto for the transportation of water and for the construction and maintenance of water wells and related incidental purposes, including the right of ingress and egress thereto; SECTION 5 The Deputy Director of Public Works/City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and Service Easements Vacation Law." SECTION 6 The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing SECTION 7. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6 Effective Date. This Resolution shall be me effective immediately. APPROVED and ADOPTED by the City un it a signed by the Mayor and attested by the City Clerk this 6th day of February 2019. John Valdivia, Mayor City of San Bernardino Attest: �,Georgean�nHna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-17 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-17 adopted at a regular meeting held at the 6'h day of February 2019 by the following vote: Council Members: AYES NAYS SANCHEZ x IBARRA x VACANT SHORETT X NICKEL �c RICHARD X_ MULVIHILL X ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 6" day of February 2019. Georgeannnna; kMC, City �Clerk� EXHIBIT "A" LEGAL DESCRIPTION VACATION OF A PORTION OF LITTLE MOUNTAIN ROAD: THAT PORTION OF LITTLE MOUNTAIN DRIVE (EXIST) IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA LYING SOUTHERLY OF THE SOUTH LINE OF LITTLE MOUNTAIN COURT AND LYING NORTHERLY OF THE NORTH UNE OF IMP. 27TH STREET AS SHOWN RECORD OF SURVEY NO. 17-0114, RECORDED DECEMBER 27, 2017 UNDER DOCUMENT NO. 2017-0547949 IN BOOK 162, PAGES 21-29 OF RECORDS OF SURVEY, SAN BERNARDINO COUNTY RECORDS. SAID PORTION OF LITTLE MOUNTAIN DRIVE (EXIST) IS ALSO SHOWN ON CALTRANS DISTRIC 8 RIGHT OF WAY MAP NO. 429573, SHEET 5, DATED APRIL 7, 2007. SUBJECT TO ALL RESERVATIONS, RESTRICTOINS, EASEMENTS, OFFERS OF DEDICATION, RIGHTS AND RIGHT OF WAYS OF RECORD. CONTAINING APPROXIMATELY 0.52 ACRES. a POSlFyo� 1 No. 8785 Ar -- -S,4A) 4 s��TF OF CA��O¢Z RYAN A. POST, LS DATE EXHIBIT "B" CALTG`;ANS DISTRICT 8 M" ° NO.429573-5 PARCEL I SOUTH UNE OFUTTLE �, ` � � LITTLE MOUNTAIN COURT MOUNTAIN COURT � �\ 1 , PaG CEL 5 P�vl 1 ��JJ PR�;1B 1 �2:r2=1-2 LITTLE MOUNTAIN ROAD (EXIST) TO BE VACATED i 0 60 SCALE: 1" = 60' LLA NO. 09-02 �S� 1112:21-2�J POR PARCEL 3 PARCEL MAP NO. 9618 Pme 113/28-29 AREA TO BE VACATED CONTAINING APPROXIMATELY 0.52 ACRES 27TH STREET r �MQ NORTH LINE OF IMP 27TH STREET -TA- RYAN A. POST DATE LS 8785 tiVa LAND SG CITY OF SAN BERNARDINO DRAWING NO =��P� A DEPARTMENT OF PUBLIC WORKS No 8785 STREET VACATION PAGE �lF� CA``�,•� PORTION OF LITTLE MOUNTAIN RD 1 OF 1