HomeMy WebLinkAbout2019-056Resolution No. 2019-56
RESOLUTION NO. 2019-56
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF PORTIONS
OF "I" STREET, BROADWAY STREET, AND MAIN
STREET, SOUTH OF 3RD STREET AND THE
RESERVATION OF UTILITIES THEREIN
WHEREAS, On October 26, 2017 a petition to vacate a portion of "I" Street South of
3rd Street and two adjacent alleys named Broadway Street and Main Street was received on from
FC Services, Inc. which owns 17 of the 19 parcels of land abutting the proposed street vacations;
and
WHEREAS, On July 5, 2018, the Mayor and City Council authorized staff to proceed
with an investigation and analysis of Plan No. 13218 to vacate portions of "I" Street, Broadway
Street and Main Street, South of 3rd Street and
WHEREAS, On August 30, 2018 and April 1, 2019, 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 "I" Street, Broadway Street, and Main Street
South of 3rd Street 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 7:00 p.m., on Wednesday, June 5, 2019, on the 3'd 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 "PlanNo. 13218".
Resolution No. 2019-56
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, Southern California Edison and
Southern California Gas Company, 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 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 become effective immediately.
APPROVED and ADOPTED by the City o n k an . igned by the Mayor and attested
by the City Clerk this I" day of May 2019.
Ain Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Hanna, MMC, C y Clerk
Resolution No. 2019-56
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-56
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. 2019-56 adopted at a regular meeting held at the 1"` day of May 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ_
IBARRA
VACANT
SHORETT C
NICKEL C
RICHARD x
MULVIHILL X
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 1" day of May 2019.
Georgeannnna, M- W pity Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF A PORTION OF -l", BROADWAY AND MAIN STREETS
PARCEL 1:
THAT PORTION OF MAIN STREET (10.00 FOOT HALF -WIDTH) AS SHOWN ON
RECORD OF SURVEY 11-0112, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 152,
PAGES 6 THROUGH 15, INCLUSIVE, OF RECORDS OF SURVEY, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, SAID MAIN STREET BEING
FORMERLY AN ALLEY, AS SHOWN ON CARTER'S SUB -DIVISION, AS PER MAP
RECORDED IN BOOK 3, PAGE 79 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 18 OF SAID CARTER'S SUB-
DIVISION, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY OF SAID MAIN
STREET;
THENCE, SOUTH 89035'27" WEST ALONG SAID SOUTH RIGHT-OF-WAY AND THE
NORTH LINES OF LOTS 18 AND 19 OF SAID CARTER SUB -DIVISION, A DISTANCE OF
85.08 FEET, MORE OR LESS, TO THE EAST LINE OF THE WESTERLY 15.00 FEET OF
SAID LOT 19, SAID EAST LINE BEING THE EASTERLY LINE OF THE LAND
GRANTED TO THE CALIFORNIA CENTRAL RAILWAY CO. PER BOOK 59, PAGE 548
OF DEEDS;
THENCE, NORTH 00023'00" WEST ALONG SAID EAST LINE OF THE CALIFORNIA
CENTRAL RAILWAY CO. LAND A DISTANCE OF 10.00 FEET, TO THE CENTER LINE
OF SAID MAIN STREET;
THENCE, NORTH 89035'27" EAST ALONG SAID CENTER LINE A DISTANCE OF 0.43
FEET;
THENCE, NORTH 00°23'42" WEST ALONG SAID EAST LINE OF THE CALIFORNIA
CENTRAL RAILWAY CO. LAND A DISTANCE OF 10.00 FEET, TO THE NORTH RIGHT-
OF-WAY OF SAID MAIN STREET, SAID POINT BEING ON THE SOUTH LINE OF AN
UNNUMBERED LOT OF SAID CARTER'S SUBDIVISION;
THENCE, NORTH 89035'27" EAST ALONG SAID NORTH RIGHT-OF-WAY AND THE
SOUTHERLY LINE OF SAID UNNUMBERED LOT OF SAID CARTER'S SUBDIVISION A
DISTANCE OF 84.65 FEET TO THE SOUTHEAST CORNER OF SAID UNNUMBERED
LOT;
Page 1 of 5
THENCE, SOUTH 00°22'2T' EAST A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF
DEDICATION, RIGHTS AND RIGHT OF WAYS OF RECORD.
CONTAINING APPROXIMATELY 1,697 SQUARE FEET.
PARCEL 2:
THOSE PORTIONS OF BROADWAY STREET (10.00 FOOT HALF -WIDTH) AS SHOWN
ON RECORD OF SURVEY 11-0112, IN THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 152,
PAGES 6 THROUGH 15, INCLUSIVE, OF RECORDS OF SURVEY, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, SAID BROADWAY STREET BEING
FORMERLY AN ALLEY, AS SHOWN ON CARTER'S SUB -DIVISION, AS PER MAP
RECORDED IN BOOK 3, PAGE 79 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AND "I" STREET (41.25 FOOT HALF -WIDTH), AS PER
SAID RECORD OF SURVEY 11-0112 AND AS SHOWN ON SAID MAP FOR CARTER'S
SUB -DIVISION, AS WELL AS PER CALTRANS RIGHT-OF-WAY MAP NUMBER 403596-
6, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 13 OF SAID CARTER'S SUB-
DIVISION, SAID POINT BEING THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY
OF SAID BROADWAY STREET WITH THE WEST RIGHT-OF-WAY OF SAID "I"
STREET;
THENCE, SOUTH 89035'25" WEST ALONG SAID SOUTH RIGHT-OF-WAY AND THE
NORTH LINES OF SAID LOT 13 AND AN UNNUMBERED LOT OF SAID CARTER SUB-
DIVISION, A DISTANCE OF 308.93 FEET, MORE OR LESS, TO THE EASTERLY LINE
OF THE LAND GRANTED TO THE CALIFORNIA CENTRAL RAILWAY CO. PER BOOK
59, PAGE 548 OF DEEDS, SAID POINT BEING THE BEGINNING OF A NON -TANGENT
587.92 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL TO SAID
CURVE BEARING NORTH 73°31'54" EAST;
THENCE, NORTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY LINE AN
ARC DISTANCE OF 20.92 FEET THROUGH A CENTRAL ANGLE OF 02002'21" TO THE
NORTH RIGHT-OF-WAY OF SAID BROADWAY STREET;
THENCE, NORTH 89035'25" EAST ALONG SAID NORTH RIGHT-OF-WAY AND THE
SOUTH LINES OF LU I'S 6, 5, 4, 3, 2 AND 1 OF SAID CARTER SUB -DIVISION, A
DISTANCE OF 315.09 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID
LOT 1, SAID POINT BEING THE INTERSECTION OF SAID NORTH RIGHT-OF-WAY OF
BROADWAY STREET WITH SAID WEST RIGHT-OF-WAY OF "I" STREET;
Page 2 of 5
THENCE, NORTH 00-23'13" WEST ALONG SAID WEST RIGHT-OF-WAY AND THE
EAST LINE OF SAID LOT 1 A DISTANCE OF 185.86 FEET, MORE OR,LESS, TO THE
NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING ON THE SOUTH RIGHT-
OF-WAY OF THIRD STREET;
THENCE, NORTH 89036'53" EAST A DISTANCE OF 41.24 FEET, MORE OR LESS, TO
THE CENTER LINE OF SAID"T' STREET;
THENCE, NORTH 89037'21" EAST A DISTANCE OF 41.26 FEET, MORE OR LESS, TO
THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF SAID "I" STREET WITH THE
SOUTH RIGHT-OF-WAY OF SAID THIRD STREET, BOTH AS SHOWN ON SAID
CALTRANS RIGHT-OF-WAY MAP NUMBER 403596-6;
THENCE, SOUTH 00-23'13" EAST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE
OF 5.95 FEET TO THE BEGINNING OF A NON -TANGENT 51.50 FOOT RADIUS CURVE
CONCAVE TO THE WEST, A RADIAL TO SAID CURVE BEARING NORTH 26°47'46"
EAST;
THENCE, SOUTHERLY ALONG SAID CURVE AND SAID EAST RIGHT-OF-WAY AN
ARC DISTANCE OF 108.57 FEET THROUGH A CENTRAL ANGLE OF 120048'08" TO
THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST, SAID
CURVE HAVING A RADIUS OF 58.50 FEET;
THENCE, SOUTHWESTERLY ALONG SAID CURVE AND SAID EAST RIGHT-OF-WAY
AN ARC DISTANCE OF 4.57 FEET THROUGH A CENTRAL ANGLE OF 4°28'25";
THENCE, SOUTH 00023'13" EAST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE
OF 97.83 FEET;
THENCE, SOUTH 00021'34" EAST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE
OF 103.04 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION OF SAID EAST
RIGHT-OF-WAY WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID
LOT 13;
THENCE, SOUTH 89°35'27" WEST ALONG SAID EASTERLY EXTENSION A DISTANCE
OF 82.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13, SAID POINT BEING
ON THE WEST RIGHT-OF-WAY OF SAID"I" STREET;
THENCE, NORTH 00021'34" WEST ALONG SAID WEST RIGHT-OF-WAY AND THE
EAST LINE OF SAID LOT 13 A DISTANCE OF 93.05, MORE OR LESS, TO THE POINT
OF BEGINNING.
SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF
DEDICATION, RIGHTS AND RIGHT OF WAYS OF RECORD.
Page 3 of 5
CONTAINING APPROXIMATELY 25,051 SQUARE FEET.
This legal description was prepared by me or under my direction.
v� EDWARD J. '
_ BONADIMAN C
L.S. 7529 7
* Exp. 12-31-19
Edward J. Bonadiman, PLS Date £ OF CAUFO�
1:\2014 Jobs\144095 Jason Desjardins Big Z Parcel Merger\Street Vacations"44095 Street Vacation Exhibit A -Legal Description.doc
Page 4 of 5
EXHIBIT "B"
N N
DETAIL:
SCALE: 1"=50'
THIRD STREET
Q ¢
N89°37'21 "E
in
N.T.S.1
b
UNNUMBERED 1
N89°36'53"E
r
LOT
S0002227"E
N o
N
41.24'
0
41.26'
50
N89035'27"E 0.43' o
- —
S00023'1 31E 5.95'
0
z N8903627"E
-� SEE DETAIL
-270W
MAIN STREET
I400023'00"W
S89036 85.08'-1"\-P.O.B.
z
10.00
5
20
I
4
17
C) - MAIN STREET
^
`9
i
N + o
PARCEL 2
I
co d
1 1
A=25,051 SF
2
`„� N
z
tD
CC!Q
v u
to
C, IRTER'S UBDIVISION
L=4.57%
R=58.50',
w
\
B L K 9
&=4028'25"
MB /79
I
coCD
N
\
GRANTED TO CA CENTRAL RW CO.
v0 \
PER BK 59, PG 548 DEEDS
a
cwn
r
I$
I
I PARCEL 2
I
— 41.25'
41.25'
N
A=25,051 SF I
o
74
��' N890356' 5"E 315.09'
BROADWAY STREET
N
r P.0B.
L=20.921,
R=587.92',
S890 -251-W 308.93'
1
b
A=2002'21"
UNNUMBERED LD7 13
r p
co
N
0
O
0
CD
82.50' - 1
VL.AN NU. -1,5/- 10 SHT. NO.
STREET VACATIONS
PORTIONS OF MAIN, 5
BROADWAY & "I" STREETS OF 5
SCALE: 1"=50'
Q ¢
GRANTED TO CA CENTRAL RW CO.
in
PER BK 59, PG 548 DEEDS
I �
UNNUMBERED 1
14
r
LOT
S0002227"E
N89°35'27"E
N
50
0
50
0
10.00'
0
%f
-� SEE DETAIL
-270W
MAIN STREET
I400023'00"W
S89036 85.08'-1"\-P.O.B.
z
N
0
O
0
CD
82.50' - 1
VL.AN NU. -1,5/- 10 SHT. NO.
STREET VACATIONS
PORTIONS OF MAIN, 5
BROADWAY & "I" STREETS OF 5
SCALE: 1"=50'
Q ¢
GRANTED TO CA CENTRAL RW CO.
in
PER BK 59, PG 548 DEEDS
I �
UNNUMBERED 1
14
LOT
S0002227"E
N89°35'27"E
N89°35'27"E 84.65'
20.00'
0.43!N00°23'42"W
10.00'
0
%f
-� SEE DETAIL
-270W
MAIN STREET
I400023'00"W
S89036 85.08'-1"\-P.O.B.
10.00
5
20
I
19 1 18 I
17
PARCEL 1
i
I A=1,697 SF
I
1 1
N
0
O
0
CD
82.50' - 1
VL.AN NU. -1,5/- 10 SHT. NO.
STREET VACATIONS
PORTIONS OF MAIN, 5
BROADWAY & "I" STREETS OF 5