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Home My WebLink AboutRES 2022-040 - Approving Vacation of Portion of H StResolution No. 2022-40 RESOLUTION NO.2022-40 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF "H" STREET WEST OF 2ND STREET AND RESERVATION OF UTILITIES THEREIN WHEREAS, on May 24, 2021, the City received a petition to vacate a portion of "H" Street west of 2nd Street, to support development at the location; and WHEREAS, on October 6, 2021, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of "H" Street west of 2nd Street; and WHEREAS, on October 7, 2021, notices were sent out to City Departments, San Bernardino County Fire, utility providers, the Water Department, and residents within 500 feet of the location, informing them of the proposed street vacation; and WHEREAS, on December 14, 2021, the Planning Commission adopted Resolution No. 2020-04OPC forwarding a recommendation of approval to the Mayor and City Council for the street vacation and finding that the project is Categorically Exempt under California Environmental Act. WHEREAS, on January 19, 2022, the Mayor and City Council adopted Resolution No. 2022-12 declaring its intention to conduct a public hearing on March 2, 2022, to order the vacation of the street; and WHEREAS, on March 2, 2022 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 "H" Street west of 2' Street. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a portion of "H" Street west of 2nd 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 3. The Mayor and City Council of said City do hereby vacate that portion of "H" Street west of 2nd Street as described on each of the legal descriptions attached hereto and Resolution 2022-40 March 2, 2022 Pagel of 3 Resolution No. 2022-40 incorporated as Exhibit "A" and depicted on each of the maps attached hereto and incorporated herein as Exhibit `B". SECTION 4. Approval of this Resolution shall not 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, with reservations of the easement as requested from Public Utility Company or other public entity. E SECTION 5. The Mayor and 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 the City Council and signed by the Mayor and attested by the City Clerk this 2od day of March 2022. 1 AA John Valdivia, Mayor City of San Bernardino Attes . Genoveva Rocha, CMC, City Clerk Approved as to form: PP. Sonia Carvalho, City Attorney Resolution 2022-40 March 2, 2022 Page 2 of 3 Resolution No. 2022-40 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-40, adopted at a regular meeting held on the 2nd day of March 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ X FIGUEROA X SHORETT X REYNOSO X CALVIN X ALEXANDER X WITNESS my hand and official seal of the City of San Bernardino this Yd day of March 2022. Genoveva Rocha, CMC, City Clerk Resolution 2022-40 March 2, 2022 Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION OF A PORTION OF "H" STREET THAT PORTION OF "H" STREET, AS SHOWN ON PARCEL MAP NO. 8965 RECORDED IN BOOK 95, PAGE 38 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, OF SAID COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS DD019618-01-01 RECORDED JUNE 6, 2017, AS INSTRUMENT NO.2017-0230370, OFFICIAL RECORDS OF SAID COUNTY. THENCE NORTH 00022'28" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL AND THE WEST RIGHT OF WAY OF SAID "H" STREET A DISTANCE OF 168.73 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE. THENCE NORTH 16019' 11"WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 0.87 FEET TO THE NORTHERLY LINE OF SAID PARCEL. THENCE NORTH 89037'32"EAST, ALONG A LINE THAT IS PERPENDICULAR TO SAID EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 82.74 FEET, TO A POINT ON THE WESTERLY LINE OF LOT 10, BLOCK 7 OF THE WATER'S SUBDIVISION, AS SHOWN ON MAP RECORDED IN BOOK 6 OF MAPS, PAGE, 47, OF SAID COUNTY, SAID WESTERLY LINE ALSO BEING THE EAST RIGHT OF WAY OF SAID "H" STREET. THENCE SOUTH 00022'28" EAST, ALONG SAID WESTERLY LINE OF LOT 10 AND SAID EASTERLY RIGHT OF WAY OF "H" STREET, SHOWN AS SOUTH 00-01'20" WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 98.85 FEET TO THE NORTHEAST CORNER OF PARCEL 1, OF SAID PARCEL MAP 8965. THENCE SOUTH 89038' 14" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SHOWN AS SOUTH 89°58'00" WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 41.25 FEET TO THE CENTERLINE OF SAID "H" STREET, AS SHOWN ON SAID PARCEL MAP. THENCE SOUTH 00022'28" EAST, ALONG SAID CENTERLINE OF "H" STREET, SHOWN AS SOUTH 00001'20" WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 70.60 FEET TO THE AN ANGLE POINT IN SAID NORTHERLY LINE OF PARCEL 1. THENCE SOUTH 89026'49" WEST, ALONG SAID NORTHERLY LINE OF PARCEL 1, SHOWN AS SOUTH 89050'37" WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 41.25 FEET TO THE POINT OF BEGINNING. Page 1 of 2 CONTAINING APPROXIMATELY 11,069 SQUARE FEET. This legal description was prepared by me or under my direction. 9-10-21 Edward J. Bonadiman, PLS Date EDWARD J. 1 v BONADIMAN o L.S. 7529 *k Exp. 12-31-21 J* Page 2 of 2 (N ........ *E) DENOTES RECORD DATA PER CITY OF SAN BERNARDINO WATER'S SUBDIVISION. M.B. 6/47 (N..'..'..-E] DENOTES RECORD DATA PER CALTRANS RIGHT OF WAY DIRECTOR'S DEED DDO19618-01-01, INSTRUMENT NO.2017-0230370 2ND ST ---------- 30 0 31 . SCALE: 1"=30' (D '0 C4 0 cf) [N16'19'11"W 0.87' 0 z 41.49' 41.25* 7 N89 37 32 E I 82.. 74' 15' — 15' I - 41.25' In 00 AW RESERVED FOR I i a62 REPROML ACCESS0% 0134-377-16 CNI to N 8 NIZI r4z' 01\ 00 Ole, 0134-377-17 3: I co N89*38' 4*E p N89*58'00"E c"I 0 SN 0 N CR \10 r.\b" 3CNI / OR, I . F) 4-4 C) 41.25' Z- 14 c POB I 0 z 0134-337-09 41.25' 09 N89*26'49"E (NO 950*37*E);—, ------- bg Ic 10-0 D 134 — 3 3 7 — 0 2 0134-377-01 0134-337-05 PREPARED BY: TEL (NO) MG-M ADIMANI PREPARED FOR: JKS INVESTMENT GROUP JOB NO: 214889 PROPOSED STREET VACATION PREPARED BY: V.B. OF A PORTION OF "H" STREET CHECKED BY: E.J.B. CITY OF SAN BERNARDINO, CA NOTE: JOSEPH E. BONADIMAN 8c ASSOCIATES, INC. DOES NOT WARRANTY THE DISREGARD PRINTS BEARING,,,* ACCURACY OF THE G.I.S. DATA PRESENTED IN THIS EXHIBIT. THIS EXHIBIT MAY 09-10-21 CONTAIN INFORMATION COPYRIGHTED TO THE COUNTY OF SAN BERNARDINO,CA. EARLIER REVISION DATES