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Home My WebLink AboutRES 2020-066 Conduct a PH to order the Vacation of portions of Home Avenue, "I" Street, Montgomery StreetRESOLUTION NO.2020-66 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 HOME AVENUE, "I" STREET, MONTGOMERY STREET AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, on August 8, 2016, a petition to vacate portions of Home Avenue, "I" Street and Montgomery Street was received from Timothy J. Brickley; and WHEREAS, on January 9, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13099 to vacate portions of Home Avenue, "I" Street and Montgomery 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, due to staff turnover throughout the Public Works Department, the recordation of the street vacation started in 2017 was not completed and a new street vacation process is legally required to be administered by staff; and WHEREAS, on November 26, 2019, the applicant resubmitted the appropriate petition documentation to restart the street vacation and requested staff to move forward; and WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Home Avenue, "I" Street and Montgomery Street; 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 Home Avenue, "I" Street and Montgomery 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". Resolution No. 2020-66 April 15, 2020 Pagel of 4 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 6t' 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. 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 5. 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 6. 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 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by thzeq� ed by the Mayor and attested by the Acting City Clerk this 15`h day of Ap John Valdivia, Mayor City of San Bernardino Attest: 4 Genoveva Rocha, CMC, Acting City Clerk Resolution No. 2020-66 April 15, 2020 Page 2 of 4 Approved as to form: 610,� onia Carvalho, City Attorney Resolution No. 2020-66 April 15, 2020 Page 3 of 4 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. 2020-66, adopted at a regular meeting held on the 151h 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 an Bernardino this 16`b day of April 2020. Genoveva Rocha, CMC, Acting City Clerk Resolution No. 2020-66 April 15, 2020 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION THE LAND REFERRED BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: VACATION #1: THAT PORTION OF THIRTEENTH STREET AND LOTS 3 AND 14 OF LEONARD ACRES, AS PER MAP RECORDED IN BOOK 21, PAGE 69 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 14, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY OF SAID THIRTEENTH STREET, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY OF MONTGOMERY STREET (ALSO KNOWN AS HAR.RIS STREET) AS IT EXISTS TODAY (60.00 FEET WIDE), SAID POINT ALSO BEING ON THE BOUNDARY OF THAT PORTION OF THIRTEENTH STREET VACATED BY RESOLUTION 2006-429 RECORDED DECEMBER 08, 2006 AS INSTRUMENT NO.06-850344 AND RECORDED JANUARY 17, 2007 AS INSTRUMENT NO.07-32775, BOTH OF OFFICIAL RECORDS OF SAID COUNTY; THENCE, SOUTHERLY ALONG THE EAST LINE OF SAID LOT 14 AND THE EAST RIGHT-OF-WAY OF SAID MONTGOMERY STREET TO THE SOUTHEAST CORNER OF SAID LOT 14, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID LOT 3; THENCE, CONTINUING SOUTHERLY ALONG THE EAST LINE OF SAID LOT 3 AND THE EAST RIGHT-OF-WAY OF SAID MONTGOMERY STREET A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY OF REECE STREET AS IT EXISTS TODAY (60.00 FEET WIDE); THENCE, WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY OF REECE STREET A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WEST RIGHT-OF-WAY OF SAID MONTGOMERY STREET; THENCE, NORTHERLY ALONG SAID PROLONGATION OF THE WEST RIGHT-OF- WAY OF SAID MONTGOMERY STREET AND THE WEST RIGHT-OF-WAY OF SAID MONTGOMERY STREET TO A POINT ON THE NORTH LINE OF SAID LOT 14, SAID POINT IS ALSO 35.00 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 14, SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF-WAY OF SAID THIRTEENTH STREET; Page 1 of 3 THENCE, NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE WEST RIGHT-OF-WAY OF SAID MONTGOMERY STREET A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY OF SAID THIRTEENTH STREET, SAID POINT ALSO BEING ON THE SOUTH LINE OF LOT 18 OF SAID LEONARD ACRES; THENCE, EASTERLY ALONG SAID NORTH RIGHT-OF-WAY OF THIRTEENTH STREET AND SAID SOUTH LINE OF LOT 18 A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SAID MONTGOMERY STREET, SAID POINT ALSO BEING ON THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 14, SAID POINT ALSO BEING ON THE BOUNDARY OF SAID VACATION OF THIRTEENTH STREET; THENCE, SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY OF MONTGOMERY STREET AND ALONG SAID NORTHERLY PROLONGATION OF LOT 14 AND SAID BOUNDARY OF THE VACATION OF THIRTEENTH STREET DISTANCE OF 60.00 TO THE POINT OF BEGINNING. VACATION #2: THAT PORTION OF HOME AVENUE AND "I" STREET OF CENTRAL HOME TRACT, AS PER MAP FILED IN BOOK 25, PAGE 4, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF BLOCK "B" OF SAID CENTRAL HOME TRACT, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY OF HOME AVENUE (53.00 FEET WIDE) AS SHOWN ON SAID CENTRAL HOME TRACT, SAID POINT ALSO BEING ON THE BOUNDARY OF THAT PORTION OF "P' STREET VACATED BY RESOLUTION 2006-429 RECORDED DECEMBER 08, 2006 AS INSTRUMENT NO.06-850344 AND RECORDED JANUARY 17, 2007 AS INSTRUMENT NO.07-32775, BOTH OF OFFICIAL RECORDS OF SAID COUNTY; THENCE, WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY OF HOME AVENUE AND ALONG THE NORTH LINES OF LOTS 1, 2, 3,4 AND 5 OF BLOCK `B" OF SAID CENTRAL HOME TRACT A DISTANCE OF 250.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE, NORTHERLY A DISTANCE OF 53.00 FEET TO THE SOUTHWEST CORNER OF LOT 26 OF BLOCK "A" OF SAID CENTRAL HOME TRACT, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY OF SAID HOME AVENUE; THENCE, EASTERLY ALONG THE NORTH RIGHT-OF-WAY OF SAID HOME AVENUE AND ALONG THE SOUTH LINES OF LOTS 26, 27, 28, 29 AND 30 OF SAID BLOCK "A" A DISTANCE OF 250.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 30, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTH RIGHT -OF -'WAY OF SAID Page 2 of 3 HOME AVENUE WITH THE WEST RIGHT-OF-WAY OF "P' STREET AS SHOWN ON SAID CENTRAL HOME TRACT; THENCE, NORTHERLY ALONG THE EAST LINES OF LOT 30 AND LOT 1 OF SAID BLOCK "A" AND SAID WEST RIGHT -OF -WAX OF T' STREET A DISTANCE OF 265.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF SAID "I" STREET WITH THE SOUTH RIGHT-OF-WAY OF FOURTEENTH STREET (50.00 FEET WIDE) AS SHOWN ON SAID CENTRAL HOME TRACT; THENCE, EASTERLY ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 1 AND THE EASTERLY PROLONGATION OF THE SOUTH RIGHT -OF_ WAY OF SAID FOURTEENTH STREET A DISTANCE OF 48.57 FEET TO THE CENTER LINE OF SAID' P' STREET; THENCE, SOUTHERLY ALONG SAID CENTER LINE OF ' P' STREET TO THE NORTH BOUNDARY OF SAID PORTION OF "I" STREET VACATED BY RESOLUTION 2006-429; THENCE, WESTERLY ALONG SAID NORTH BOUNDARY OF THAT PORTION OF TIM VACATION OF "I" STREET A DISTANCE OF 49.57 FEET TO TIIE POINT OF BEGINNING. SUBJECT TO ALL RESERVATIONS, RASTRICTIONS, EASEMENTS, OFFERS OF DEDICATION, RIGHTS AND RIGHT OF WAYS OF RECORD. This legal description was prepared by me or under my direction. Edward J. Bonadiman, PLS Dateto- Page 3 of 3 1:12015 Iobs1154211 Ron R=k - MontgomeryStreet VacationlStteet VacadonW-Aubit A -Legal Description,doa Page 4 of 3 EXHIBIT "B" "I -LOT 18 — ----------- w 13M ST 1 2 - VACATION PER RESOURION - ! 12006-429 60' 1 P.O.B. I �I 4 i LOT 13 o LOT 14 I I LOT 15 t I m I N � I N RECE i fr ghm 0 m, lk 60' 0 60 SCALE: 1'=60' NOTE: JOSEPH E. SONADIMAN & O I ASSOCIATES, INC. DOES NOT WARRANTY THE ACCURACY OF THE LEONARD ACRES I O G.I.S. DATA PRESENTED IN THIS EXHIBIT. THIS EXHIBIT MAY CONTAIN MB 21169 INFORMATION COPYRIGHTED TO THE COUNTY OF SAN BERNARDINO, CA. i i I � i 1 LOT 4 LOT 3 O]4dT232-2i I - LOT 2 j 1 0 ] 44-1232-25 1 SHT. Hm DATE: 11-28-16 1 JOB NO.: 154211 OF 2 EXHIBIT "B" W 147H ST. o i I N 14&57' I LOT 5 LOT 4 LOT 3 LOT 2 LOT i BLOCK 'le CEAMM HOME TRACT I YB 2514 t 1 1 I 1 I SV GV N ty N ' O O O 0 p LOT 26 LOT 27 LOT 28 LOT 30 LOT 2s J i i f _ p c1; I 4 PROPMED VVATM HOME AVE P.O.B. ' BLOCK V' I CENTRAL HOME TRACT MB 2514 I I z S LOT 5 LOT 4 LOT 3 I LOT 2 1 LOT f I I oa--22 -s2 f I¢ E NOTE: JOSEPH E. BONADIMAN & ' ASSOCIATES, INC. DOES NOT f WARRANTY THE ACCURACY OF THE G.I.S. DATA PRESENTED IN THIS EXHIBIT. THIS EXHIBIT MAY CONTAIN '50' 0 so, sHt N4 INFORMATION COPYRIGHTED TO THE .� — 2COUNTY OF SAN BERNARDINO, CA. `— „ , DATE: 11-28-18 SCALE. 1 =50 JOB NO.: 154211 OF 1 CITY OF SAN BERNARDINO LOCATION MAP - PROPOSED PROJECT LIST SB1 PROPOSED PROJECT LIST FY 2020-21 2 c J a 2 z z a o W4MSt @ d of .1 O W Cmrt St c W Caul St 2 •g E e a 3 A z W zed Sc z W zed St z E tad m a z a I > W King St S .o i z W Rialto Ave W Rialto Ave 500 0 500 1000 1500 SCALE: 1' =500' CITY OF SAN BERNARDINO LOCATION MAP - PROPOSED PROJECT LIST S131 PROPOSED PROJECT LIST FY 2020-21 Ift k E tom+ r, 2 w 17OF St :D � E 17tn ct C. ' W 7hL%art e a iz iNo E 151h St lm !►!tia��rofi� Ave ..' � c I inairrta 5t + Wabash Si V 2020 Microsoft Corpo"on ®20201 ARE boy ~.-q 500 0 500 1000 1500 SCALE: 1 "=500'