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HomeMy WebLinkAboutRES 2020-065 Hearing to Order the Vacation of Portions of Artesia Street Located South of Rialto AvenueRESOLUTION NO.2020-65 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 ARTESIA STREET LOCATED SOUTH OF RIALTO AVENUE AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, on October 30, 2019, a petition to vacate portion of Artesia Street was received from Buddy N. Long/ Long Family Trust; and WHEREAS, on January 9, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Artesia Street; and WHEREAS, on January 10, 2017, notices were sent out to utility providers, including the Water Department, informing them of the proposed street vacations; and WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Artesia Street south of Rialto Avenue; and WHEREAS, on January 22, 2020, 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 WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution No.2020-016 forwarding a recommendation of approval to the Mayor and City Council for the Portion of Artesia Street Vacation, and finding that the project is Categorically Exempt under California Environmental Act. 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 intention to order the vacation of portions of Artesia 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, May 20, 2020, at 555 West 61' 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. Resolution No. 2020-65 April 15, 2020 Page 1 of 3 SECTION 4 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 5 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 6. 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 7. 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 S. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Ctlitfil and gn d y c Mayor and attested by the Acting City Clerk this 15t' day of April 202 _ � _-0000N+ John Valdivia, Mayor City of San Bernardino j tenoveva Rocha, �CMC, Acting City Terk Approved as to form: �r onia Carvalho, City Attorney Resolution No. 2020-65 April 15, 2020 Page 2 of 3 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-65, adopted at a regular meeting held on the 15t' day of April 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ X IBARRA X FIGUEROA X SHORETT X NICKEL X RICHARD X MULVIHILL X WITNESS my hand and official seal of the City of Sa �,ernardino this 16�' day of April 2020 n Genoveva Rocha, CMC, Acting City Clerk Resolution No. 2020-65 April 15, 2020 Page 3 of 3 EXEMU GIA" Sums I VACAUON LRGAL DESCK�TIDIIT BRING A FORTION OF ARTESIA MrJWT, 41.2S FEET WIDE, AS SHOWN ON THE AW OF MURRAY AND PAYNE'S SUBDIVISION, IN THE CITY OF SAN mmNARDRn COUNTY OF SAN BERNARDINO, STATE OF CAL IPORNIA. AS PER PLAT RBCORDED IN BOOR 4 OF MAPS, PAGE 27, RECO M OF SAID COUNTY, LYING Sob= OF A LINE PARR 1IML W1TA AND SIB FEBT SOU 17i OF IM SOUTH LBO OF RIALTO AVENUE (FORMERLY I'= STRBM AND NORTHERLY OF THE NORM L MOF MTPOR7EN OF SAID ARTESIAN STREET VACATED BY RESOLUTHON OF THE MAYOR AND COhg" COUNaL OF THE CITY OF sm BBRNARDINO, No. 6614. A CERTLW COPY OF WlacH RBCORDIID JANUARY 17,198 IN BOOK 5336, PAGE 3CA OFFICIAL, RECORDS CONTAINS 4169 SQUARE FEET, MORE OR LESS. ON POINT LAND SORVEY94% INC. PR KPARED BY: AN EKW D S'A ' PL3 9133 DATE: PAGE 1 OF I 0 piacltei. - � :..10R6 EXHIBIT "B" f� 41.26 ' ~co) Q o J h Ln e z �v 3 RIALTO AVENUE TOW STREET) S'LY LINE RML 70 AVENUE 1 I i i 1 .-T -1 MURRAY AND PAYNE'S $U�DIVIS(ON' 7 ' 1 W W -- g MB 1 3 1 Z '� � � ! 2 �--� Z BLOCK K Q O z 8 ao 8 9 10 11 12 13 14 IL ^ - Ic v 2 (n Zs J w 1 srREFr VACARoN �,� RESOLUTION W. 66141 REC. VI 711961 5836/360 D.R. I � O*ks- LAryp ExP. 12-31-20 ��. E OF -CM-1 " 2 1 BLOCK J 4 l� Qr 5 I MLEVIEW STREET (ATLANTIC STREET) LEGEND STREET VACATION STREET VACATION PREPARED AT THE REQUEST OF BUD LONG THIS PLAT IS SOLELY AN AID IN LOCATING PREPARED BY: THE PARCELS) DESCRIBED .IN THE ON POINT LAND ATTACHED DOCUMEN . IT IS NOT A PART • SURVEANG. INC. OF THE WRITTEN RIFI °N THEREIN. _ Ste; N.T.S. PREPARED BY: - - DATE, iF4 J DATE: OCTOBER 2010 a SHEET -L OF 1 Pill* Pg,10;�7