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Home My WebLink About2019-038Resolution No. 2019-38 RESOLUTION NO.2019-38 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF LITTLE MOUNTAIN DRIVE, NORTH OF WEST 27' STREET, AND THE RESERVATION OF UTILITIES THEREIN. WHEREAS, On June 30, 2018, a petition to vacate a portion of Little Mountain Drive, North of West 27h Street was received from Scott C. Beard, 27d' Street TAD, LLC, who owns the property on the property on the corner of Little Mountain Court and 27th Street abutting the proposed street vacation; 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 Drive, North of West 27th Street; and WHEREAS, On February 6, 2019, Resolution No. 2019-17 was adopted declaring its intention to conduct a public hearing to order the vacation of portions of Little Mountain Drive, North of West 27h Street, declaring the reservation of utilities easements therein and granting authority to publish and post notices of the public hearing; and WHERAS, On March 6, 2019 a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California and offered evidence in relation to the vacation of a portion of Little Mountain Drive, North of West 27h Street. 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, in vacating the portion of Little Mountain Drive, North of West 27th Street, 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 2. The Mayor and City Council of said City do hereby vacate that portion of Little Mountain Drive, North of West 27h Street as described on the legal description attached hereto and incorporated as Exhibit "A" and depicted on the map attached hereto and incorporated herein as Exhibit `B. SECTION 3. 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. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, as specifically set forth: Resolution No. 2019-3 8 1. There is hereby specifically reserved for the City of San Bernardino, a drainage easement for the full width of 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. 2. There is hereby specifically reserved for the City of San Bernardino Municipal Water Department, an easement for the full width of 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 4. 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 become effective immediately. APPROVED and ADOPTED by the City u it ?I signed by the Mayor and attested by the City Clerk this 6h day of March 2019. John VIdivia, Mayor City of San Bernardino Attest: Georgeann a, MMC, C y Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-38 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. 2019-38 adopted at a regular meeting held at the 6h day of March 2019 by the following vote: Council Members: AYES NAYS SANCHEZ X IBARRA x VACANT SHORETT X NICKEL RICHARD X MULVIHILL ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 6b day of March 2019: Georgeann arena, M1VIC -City Clerk EXHIBIT STR E ET VACATI 0 N (LITTLE MOUNTAIN ROAD (EXIST) LEGAL DESCRIPTION: 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 UNE OF LITTLE MOUNTAIN COURT AND LYING NORTHERLY OF THE NORTH LINE OF IMP. 277H STREET AS SHOWN ON CALTRANS DISTRIC 8 RIGHT OF WAY MAP NO. 429573, SHEET 5, DATED APRIL 7, 2007. SAID PORTION OF LITTLE MOUNTAIN DRIVE (EXIST) IS ALSO SHOWN ON RECORD OF SURVEY NO. 17- 0114, RECORDED IN BOOK 162, PAGES 21-29 OF RECORDS OF SURVEY, SAN BERNARDINO COUNTY RECORDS. CONTAINING 0.52 ACRES MORE OR LESS. PRELIMINARY FOf�p � 4�y4 A. Po moo-, RYAN A. POST DATE LS 8785 PIAI, n1o. f3p-*I EXHIBIT B LITTLE MOUNTAIN COURT CAdTRANS DOSTRQCT 8 R1W MAP NO. 429573-5 PARCELI SOUTH UNE OFUTTLE �� `r LLA NO. 09-02 MOUNTAIN COURT ` r r PARCEL 5 r RSB 162/21-29 r , 1EiJ 1 4 PMB 18 4.27 LITTLE MOUNTAIN ROAD (EXIST) TO BE VACATED i 0 60 SCALE 1' = 60' AREA TO BE VACATED CONTAINING 0.52 ACRES MORE OR LESS - IMP RYAN A. POST LS 8785 LAND S!, A P SPL Ca�P �`�� r, No. 8785 �� Or cxole DATE POP PARCEL 3 PARCEL MAP NO. 9618 PMB 113/28-29 r � 27TH STREET NORTH UNE OF IMP 27TH STREET CITY OF SAN BERNARDINO DRAWING NO DEPARTMENT OF PUBLIC WORKS XXXXX STREET VACATION PAGE LITTLE MOUNTAIN RD (EXIST) 9 OF 1 �ja! pf EXHITBIT B w z 0 mQ� ¢o ■ W. ALEXAN W. 27TH W. 26TH ATC DESIGN GROUP VICINITY MAP ARCHITECTS • ENGINEERS • SURVEYORS SCALE NONE I JOB 17-3723 1 DATE7.23.2018 PAGE i OF 1 Plcn No• 1324't