The URL can be used to link to this page

Home My WebLink About2019-152Resolution No. 2019-152 RESOLUTION NO. 2019-152 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING 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 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 February 6, 2019, Resolution No. 2019-18 was adopted declaring its intention to conduct a public hearing to order the vacation of portions of "I" Street, Broadway Street and Main Street, South of 3'd Street, declaring the reservation of utilities easements therein and granting authority to publish and post notices of the public hearing; and WHERAS, On June 5, 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 portions of "P' Street, Broadway Street and Main Street, South of 3' 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 portions of "I" Street, Broadway Street and Main Street, South of 3'd 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 portions of "I" Street, Broadway Street and Main Street, South of 3rd Street 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 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 Resolution No. 2019-152 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: 1. 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. 2. There is hereby specifically reserved for the Southern California Gas Company, an easement for the full width of cath street portion proposed to be vacated, including the right at any time, or from time to time to permit the construction, maintenance, operation, replacement, removal, renewal or enlargement of present and future facilities pursuant to the franchise in, upon, over, and across the street or highway proposed to be vacated. 3. There is hereby specifically reserved for Southern California Edison, 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 use, maintain, operate, repair, replace, remove or renew said facilities in, upon, over and across the street or highway proposed to be vacated. 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 APPROVED and ADOPTED by the City by the City Clerk this 5b day of June 2019. Attest: V ;1 f .fid Georgeann anna, MM'(! -,;City Clerk shall become effective immediately. signed by the Mayor and attested John Valdivia, Mayor City of San Bernardino Resolution No. 2019-152 Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-152 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. 2019-152 adopted at a regular meeting held on the 5th day of June 2019 by the following vote: Council Members: SANCHEZ IBARRA FIGUEROA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT x x x WITNESS my hand and official seal of the City of San Bernardino this 5'h day of June 2019. Georgeann ilanna, MMe, City Clerk EXMBIT"A'* LEGAL DESCRIPTION VACATION OF A PORTION OF "I", 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; I WCE, SOUTH 8935'27" 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 00°23'00" 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 89°35'27" 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 POIlf OF BEGEqN]NG. 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 ' T' 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 ' P' 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 7331'54" 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 LOTS 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 SOF BROADWAY STREET WITH SAID WEST RIGHT-OF-WAY OF ``I" STREET; Page 2 of 5 THENCE, NORTH 00°23'13" `NEST ALONG SAID WEST RIGHT-OF-WAY AND THE EAST LINE OF SAID LOT I 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 89°36'53" EAST A DISTANCE OF 4124 FEET, MORE OR LESS, TO THE CENTER LINE OF SAID "I" 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 TIED 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 2647'46" 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 4028'25"; 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 89035'27" 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 00°21'34" 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. Zh�ID LAND SGML EDWARD J. F BONAD[MAN 4 L.S. 7529 * Exp. 12-31-19 Edward J. Bonadiman, PLS Date qTF OF, f Al �FO�a IA2014 Jobs1144095 Jason Desjardins Big Z Parcel MergerlStreet Vacations\144095 Street Vacation Exhibit A -Legal Description.doc Page 4 of 5 EXHIBIT "B" DETAIL: ?.* N.T.S. o BROADWAY & "I" STREETS o N O N89035'27'E 0.43' o z N8903527'E H rE— — �o MAIN STREET w co�v o _ r - I C1 R7ER'S UBDIVISION BL d K I MB x/79 IN I I 4 7� \ GRANTED TO CA CENTRAL RW CO. �O \ PER BK 59, PG 548 DESS I PARCEL 2 I A=25,051 V N89.35- 5 E 315.09' u] ED N N THIRD STREET v v N89036'53"E N89'3721"E 41.24' 41.25' S00023'13'E 5.95 Q - PARCEL 2 A=25,051 SF 0 eq Lo C7 N O o G L=20.92',�� BROADWAY STREET R=587.92', S89"35'25"W 308.93' =2002'21. UNNUMBERED LOT i i 3 � o r N 50 0 50 0 0 Z N8903557'E ------- a _ , _ 00"23'00"W 0.00' 20 1 I SCALE: l!--59 GRANTED TO CA CENTRAL RW CO. PER BK 59, PG 548 DEEDS UNNUMBERED 1 14 LOT S00022'27"E N89"3627"E 84.65' `20.00' —N00`23'42"W 10.0(' — "�� SEE DETAIL MAIN STREET 58935' 7"W 85.08' P.O.B.` 19 1 is I 17 PARCEL 1 A=1,697 SF I 0 1 5 — P.O.B. 82.50' co r i►o t 0 vin 0 Co U) 0 0 vlw N " O Cl U) r-LIAN iw. 104 10 SHT. NO. STREET VACATIONS PORTIONS OF MAIN, 5 BROADWAY & "I" STREETS L=4.57', R=58.50', - A= -4028"25" H w w w 41.25'--]'- 41.25' P.O.B. 82.50' co r i►o t 0 vin 0 Co U) 0 0 vlw N " O Cl U) r-LIAN iw. 104 10 SHT. NO. STREET VACATIONS PORTIONS OF MAIN, 5 BROADWAY & "I" STREETS OF 5