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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution of Intention: Vacation
of portions of 19th Street and various alleys
south of 20th Street, east of Guthrie Street.
Dept: Development Services
Date: May 16,2005
File No.15.30-380 MCC Date: June 6, 2005
Synopsis of Previous Council Action:
April 4, 2005 Authorization to proceed with the proposed vacation of portions of 19th Street and
various alleys south of 20th Street, east of Guthrie Street, was approved.
Recommended Motion:
Adopt Resolution
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Contact person: Jeanne/mane Fitzpatrick
Phone: 5328
Supporting data attached: StaffReport/Maps/
Resolution
FUNDING REQUIREMENTS: Amount: $1200,00 (Processing fee paid by petitioner)
Ward:
7
Source: (Acct. No,) 001-000-4780
(Acct. Description) Street Vacation Fees
Finance:
Council Notes:
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Agenda Item No. ~/" }1>5"
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention: A portions of 19th Street and Various Alleys South of 20th Street, East
of Guthrie Street.
BACKGROUND:
This office received an application from David Evans and Associates for the vacation of
McKinley Street between Sunrise Lane and 20th Street; the east/west alley between Arden
Avenue and Guthrie Street; a portion of the alley east of Guthrie Street; and 19th Street east of
Guthrie Street, as shown on the attached plan. The request was submitted on behalf of the San
Bernardino City Unified School District in preparation for the proposed Emmerton II Elementary
School expansion which includes the construction of a playfield and parking lot. The easterly
portion of Sunrise Lane turning into McKinley Street will become a cul-de-sac. Portions of Lots
8 and 9 north of Sunrise Lane will be dedicated for this purpose.
According to PCH Architects, the firm managing this project, the school district has completed
the relocation of all residents located on the south side of 20th street, between Guthrie Street and
Arden A venue and has purchased all of these properties. Additionally, the residents north of
Sunrise Lane will not be affected by the proposed alley vacation east of Guthrie Street because
they have access to their properties from Sunrise Lane.
On April 4, 2005, authorization to proceed with the proposed vacation was given and Plan No.
11409 was approved. City Departments, utility companies were notified of the proposal and
were given the opportunity to submit easement reservations and any comments or conflicts.
Several responses were received and all were favorable. Southern California Edison,
SBC/Pacific Bell and Adelphia Cable have requested the reservation of an easement for their
facilities. Temporary easements will be reserved until such time as the utilities are either
abandoned or relocated.
The attached Resolution of Intention sets a public hearing for July 5, 2005. Upon approval, the
Resolution will be published in the Sun, and the streets posted. Since the School District
property is the only property that seems to be affected, no mailed notices will be needed. At the
Public Hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The applicant has paid the total amount of$1,200 for the completion of the vacation
proceedings.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO.
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2 RESOLVTION OF THE CITY OF SAN BERNARDIl\'O DECLARI:\G ITS
3 Il'\TEl\'TIOl\' TO ORDER THE VACATION OF PORTIONS OF 19T11 STREET A:\D
VARIOUS ALLEYS SOUTH OF 20TII STREET, EAST OF GUTHRIE STREET
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BE IT RESOLVED BY THE MAYOR AND COMMON COl':\'CIL OF THE CITY OF
5 S.\1\ BER:\'ARDIJ\O AS FOLLOWS:
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SECTIO:\' 1. That the !\1ayor and Common Council of the City of San Bernardino
hereby declares its intention to order the vacation of portions of 19th Street and various alleys
south of20lh Street, east of Guthrie Street as depicted on the attached map marked as Exhibit "A"
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and described herein as follows:
Parcel A: (191h Street)
That portion of 191h Street as shown on Tract No. 6969 in the City of San Bernardino, County or
San Bernardino, State of California, as shown on a map recorded in Book 90, Pages 59 and 60 of
Maps in the office of the County Recorder of said County, lying easterly of a line that is parallel
with and 33.00 feet east of the centerline of Guthrie Street as shown on s<iid Tract No. 6969.
Parcel B: (Alley per Tract No. 6969)
That cel1ain Alley, 20.00 feet \\'ide, shown on Tract No. 6969 in the City of San Bernardino,
County of San Bernardino, State of California, as shown on a map recorded in Book 90, Pages 59
and 60 of Maps in the office of the County Recorder of said County, bounded as follows:
on the north by the south line of Lot 6 of said Tract No. 6969; On the south by the north line of
Lot 7 of said Tract No. 6969; On the east by the east line of said Tract No. 6969; and on the wcst
by the east line of Guthrie Street, 66.00 feet wide, as shown on said Tract No. 6969.
Parcel C: (Alley per Tract No. 13233)
That certain Alley, 20.00 feet wide, adjacent to Lots I, 2 and 3 shown on Tract No. 13233 in the
City of San Bernardino, County of San Bernardino, State of California, as shown on a map
rec:orded in Book 191, Pages 85 and 86 of Maps in the office of the County Recorder of said
County, bounded on the west by the west line of said Tract No. 13233 and bounded on the east
y the northerly prolongation of the east line of said Lot 3.
Parcel D: (Alley per Tract No. 6898)
That certain Alley, 20.00 feet wide, adjacent to Lots I through 10 of Tract No. 6898 in the City
27 of San Bernardino. County of San Bernardino, State of Cali fornia, as shown on a map recorded
in Book 88, Pages 34 and 35 of Maps in the ofiice of the County Recorder of said County,
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1 IU:SOLl1TIO:'\ OF I~TENTIOl'\ --- VACATION OF PORTIOl'\S 01<' 19TH STREET ..\:'iD VARIOI 'S
ALLEYS SOLTTH OF 20TH STREET, EAST OF GUTHRIE STREET
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3 bounded on the west by the southerly prolongation of the west line of said Lot] 0 and on the e,l~t
4 by the southerly prolongation of the east line of said Lot ].
5 Parcel E: (McKinley Street)
6 That portion of McKinley Street as shown on Tract No. 6898 in the City of San Bernardino,
7 County of San Bernardino, State of California, recorded in Book 88, Pages 34 and 35 of Maps in
the office of the County Recorder of said County and shown on Tract NO.7] 06 recorded in Book
8 90, Pages 6] and 62 of said Maps bounded as follows:
On the north by a line that is paralle] with and 30.00 feet south of the centerline of20\11 Street as
shown on said Tract Maps; On the south by the south line of that certain 20.00 foot wide Alley
adjacent to Lots I through 10 of said Tract No. 6898 and Lot 41 of said Tract No. 7106 being
also the north line of Shay's Subdivision recorded in Book 8, Page 44 of said Maps; On the cast
by the westerly line of Lot 41 of said Tract No. 7106 and its southerly prolongation; On the west
by the easterly line of Lot] of said Tract No. 6898 and its southerly prolongation.
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Parcel F: (McKinley Street)
14 That portion ofMcKin]ey Street as conveyed in three Easement Deeds to the City of San
Bernardino and recorded November ]3, ] 968 in Book 7129, Page 77 of Official Records in the
15 office of the County Recorder of said County and December 6, 1968 in Book 7] 43, Page 43] 0 f
said Official Records, and June 2, ] 975 in Book 8690 Page 535 of said Official Records.
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EXCEPT THEREFROM that portion lying southerly of the following described line:
Commencing at the centerline intersection of Sunrise Lane, 66.00 feet wide, (formerly known as
oca Street) with McKinley Street as shown on Tract No. 13233 per map recorded in Book 191,
ages 85 and 86 of said Maps;
hence along the centerline of said Sunrise Lane, South 89056'35" West, 143.04 feet;
hence leaving said centerline, North 00003'25" West, 33.00 feet to the northerly line of said
Sunrise Lane and the beginning of a non-tangent curve, concave northwesterly and having a
radius of] 00.00 feet, a radial line of said curve bears South 00003 '25" East;
hence Northeasterly 38.89 feet along said curve through a central angle of 220 I ()' 49";
hence North 67051 '41" East, 67.34 feet to the beginning ofa non-tangent curve, concave
southerly and having a radius of 51.00 feet, a radial line of said curve bears North 260] 1'37"
West;
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1 RESOLUTION OF INTENTION --- VACATIO~ OF PORTIO~S OF 19'111 STREET A\"D VA1Uot'S
ALLEYS SOUTH OF 20TH STREET, EAST OF GUTHRIE STREET
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3 thence Easterly 13.30 feet along said curve through a central angle of 14056'25" to the westerly
4 line of McKinley Street also being the easterly line of Lot 9 of said Tract No. 13233 and the
TRUE POINT OF BEGft\<'NING;
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thence continuing Easterly and Southeasterly 62.36 feet along said curve through a central angle
of70003'37" to the easterly line of said McKinley Street as described in said Deed recorded in
Book 7129, Page 77 of said Official Records, and the Point of Termination.
8 Parcel G: (Alley per Tract No. 7106)
9 That certain Alley, 20.00 feet wide, adjacent to Lots 41 through 49 shown on Tract No. 7106 in
the City of San Bernardino, County of San Bernardino, State of California, as shown on a map
recorded in Book 90, Pages 61 and 62 of Maps in the office of the County Recorder of said
County, bounded on the west by the southerly prolongation of the west line of said Lot 41 and
bounded on the east by the southerly prolongation of the east line of said Lot 49.
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SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
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vacating the above described portion of said street, elects to proceed under and 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. That the hour of 4:00 p.m., on July 5, 2005, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when
and \Y!1ere all persons int~rested in or objecting to the proposed vacation may appear before the
said Mayor and Common Council and offer evidence in relation thereto.
For further particulars as to the proposed vacation, see that map marked "Plan No. 11409",
approved on April 4, 2005, attached as Exhibit' A'.
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
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easements for public utility purposes belonging either to the City of San Bernardino or to any
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public utility and there is hereby specifically reserved for Southern California Edison, its
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1 RESOLt'TlON OF I:'\TEI\'TIO:'oi --- \'ACATlO:'oi OF PORTIO:'oiS OF I<)rll STREET A:'oiD \'AIUOlS
ALLEYS SOUTH OF 20111 STREET. EAST OF GrTHRJE STREET
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3 successors, heirs and assigns, a temporary easement to construct, place, operate, inspect.
maintain, repair. replace and remo\'C any overhead or underground clectricaltransmission and or
distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires.
manholes markers and necessary fixtures and appurtenances and said easement shall include
rights of ingress and egress; and there is specifically reserved for Adelphia, its successors, heirs
and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair and
replace underground and overhead structures consisting of wires, cables and necessary fixtures
and appurtenances and said easement shall includes rights of ingress and egress; and there is
specifically reserved for Pacific Bell Telephone Company, its Sllccessors, heirs and assigns, a
temporary easement to construct, place, operate, inspect, maintain, repair and replace
underground and overhead structures consisting of wires, cables and necessary fixtures and
app1Il1enances and said easement shall includes rights of ingress and egress, All temporary
easements set forth herein shall be tem1inated upon abandonment or relocation of respective
utilities and appurtenant facilities.
SECTION 5. That the Director of Development Services of the City of San Bernardino
hereby is directed to cause Notices of Street Vacation to be posted as required by said "Public
Street, Highways and Service Easements Vacation Law."
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
Intention and shall cause the same to be published once a week for two successive weeks in The
Sun, a newspaper published and circulated in the City of San Bemardino, prior to the above date
o 27 set forth for the public hearing,
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24 Approved as to fom1
And legal content:
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JAMES F. PENMAN
26 City A tomey
27 By: "l11~")
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RESOLt:TIO~ OF I;\;TE!'iTlO~ --- VACATION OF PORTIONS OF 19T11 STREET A:'iD VARlOlS
ALLEYS SOlTTH OF 20Tll STREET, EAST OF GUTHRIE STREET
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bemardino at a
meeting thereof
held on the
day of
, 20_, by the following vote, to
wit:
Council Members: AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSOl\'
i\ICCAMMACK
City Clerk
The foregoing resolution is hereby appro\'ed this
day of
,20__
JUDITH VALLES. Mayor
City of San Bcrnan.1ino
05; 18/05
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Moeting Date (Date !lOry)' (,.. '" 0)' Item' -11
Vote: Ayes Nays
Change to motion to amend original documents 0
Resolution #
:ftJo~ -/3Y
Abstain
Absent
Companion Resolutions
Null/Void After: t</l days 1
Resolution # 0/1 Attachments: 0
PUBLISH ~ POST 0
Note on Resolution of attachment stored sep}flltely: 0 r /
RECORD W/COUNTY 0 By: b~ f!> "'0 S t' '€ "':? 1/ I1S
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Date of Clerk/CDC Signature: ", f" 0("
Reso. Log Updated:
Seal Impressed:
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Date Sent to Mayor:
Date of Mayor's Signature:
Date Memo/Letter Sent for Signature:
I sl Reminder Letter Sent:
Date Returned:
2'lli Reminder Letter Sent:
Not Returned: 0
.
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Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
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Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator ~ Facilities 0 Parks & Recreation 0
City Attorney Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services ~~ Human Resources 0 Water Department 0
Others: ~10
Notes:
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Ready to File: V
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Date: to 1'1" b)
Revised 12/18/03