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HomeMy WebLinkAbout18-Development Services J ~ ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution of Intention: Vacation of a portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of "I" Street. Dept: Development Services Date: October 18, 2006 File No.15.30-388 MCC Date: November 6, 2006 Synopsis of Previous Council Action: 08/07/2006 - Authorization was given to proceed with the prorosed vacation of a portion of "I" Street, northerly of 13th Street & a portion of 13' Street westerly of "I" Street; Plan No. 11813 showing the proposed vacation, was approved. Recommended Motion: Adopt Resolution ~u. R#Y Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Resolution Ward: I FUNDING REQUIREMENTS: Amount: $1200.00 (Processing fee paid by petitioner) Source: Acet # 001-000-4780 Account Description: Street Vacation Fees Council Notes: Finance: .ec:so 0200& -...5 77 II /liJ1> " Agenda Item No. ~ 8 . e .' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention: Vacation ofa portion of "I" Street, northerly of 13th Street & a portion of 13th Street, westerly of "I" Street. BACKGROUND: On March 24, 2006, an application was received from Charles Bonadiman, on behalf of the developer, Joseph E, Bonadiman & Associates, Inc., requesting the vacation ofa portion of "I" Street, northerly of 13th Street.& a portion of 13th Street, westerly of "I" Street. The developer has requested this vacation in order to join the owner's parcels and thereby create a property that will better suit the existing use as an environmental re-mediation facility. The proposed area to be vacated is shown on the attached plan. On August 7, 2006, authorization to proceed with the proposed vacation was given and Plan No. I 1813 was approved. City departments, utility companies and other government entities 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 of the vacation. There were requests to reserve utility easements from Verizon, Southern California Edison, San Bernardino Municipal Water District, Southern California Gas Company, and Time Warner (formerly Adelphia), which will need to be reserved as required by law. The attached Resolution of Intention sets a public hearing for Monday, December 4, 2006. Upon approval, the Resolution will be published in the Sun, and this portion of the street posted. 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 $ I ,200 for the completion of the vacation proceedings. RECOMMENDATION: Adopt Resolution. . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. RES0LVTION OF THE CITY OF SA:\' BERNARDINO DECLARI:\'G ITS I:\TENTIO:\' TO ORDER THE VACATION OF A PORTION OF "1" STREET, NORTHERL Y OF 13TH STREET & A PORTION OF 13111 STREET. WESTERLY OF "I" STREET. BE IT RESOLVED BY THE MAYOR ANTI COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby declares its intention to order the vacation of a portion of ''I"' Street, northerly of l3'h Street & a portion of l3'h Street, westerly of "I" Street as depicted on the' attached map marked as Exhibit "A" and described herein as follows: That portion of "I" Street and 13'h Street as delineated on the map of Central Home Tract as recorded in Book 25 of Maps, page 4, and that portion of l3'h Street as delineated on the map of Leonard Acres as recorded in Book 21 of Maps, page 69, records of the County Recorder of San Bernardino County, State of California, described as follows. Beginning at the northeast comer of Lot I of Block B, of said Central Home Tract. said point also being on the west line of "I" Street, having a half-width of 48.57 feet, and south line of Home A venue; thence south along the east line of said Lot I to the southeast comer of Lot I; thence. continuous along said west line of "I" Street a distance of6.94 feet, more or less, to the north line of said 13'h Street, a distance of60 feet wide; thence west along said north line of l3'h Street to the intersection of the northerly prolongation of the east line of Harris Street (also known as Montgomery Street); thence south along said prolongation a distance of 60 feet to the northwest comer of Lot 15 of Leonard Acres, said point being on the south of said 13'h Street; thence east along the north line of Lot IS, Lot 16 and Lot 17 to the centerline of "I" Street; thence north along said centerline of "I" Street to the easterly prolongation of the north line of said Lot 1; thence west along said prolongation, a distance of 48.57 feet. plus or minus, to the Point of Beginning. 1"' ~ I 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portion of said streets, 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. /8 /I . /., .0(,. 10/30/06 . . . RESOLl'TIO:\ OF THE CITY OF SA'>; BER'\'ARDI:\O DECLARING ITS I:\'TE:\TIO:\' TO ORDER THE 1 \'ACATIO,\, OF A PORTIO'\' OF "I" STREET, '\'ORTHERLY OF 13TH STREET & A PORTIO:\' OF 13TH STREET, WESTERLY OF "I" STREET. 2 3 SECTIO:\' 3. That the hour of 4:30 p.m., on Monday, December 4,2006, in the Council 4 Chambers of City Hall. 300 ]\'orth "D" Street, San Bernardino, California, is fixed as the time 5 and place when and where all persons interested in or objecting to the proposed vacation may 6 7 8 appear before the said Mayor and Common Council and offer evidence in relation thereto. or fUrther particulars as to the proposed vacation, reference is made to that map marked "Plan 9 ,TO. 11813", approved by the Mayor and Common Council on 08/07/2006, a copy of which is on 10 iile in the office of the City Clerk of said City. 11 12 13 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any xisting easements for public utility purposes belonging either to the City of San Bernardino or to . ny public utility and there is hereby specifically reserved for Southern California Edison, its 14 15 uccessors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair, 16 eplace and remove any overhead.'r underground electrical transmission and/or distribution 17 tructure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manholes 18 19 arkers and necessary fixtures and appurtenances and said easement shall include rights of ngress and egress; and there is hereby specifically reserved' for the City of San Bernardino 20 21 1unicipal Water Department, an easement for water utility purposes over the entire area 22 roposed to be vacated, including the right at any time, or from time to time, to construct, 23 24 25 26 27 28 aintain, operate, replace and renew one or more pipelines or appurtenances thereto for the ransportation of water and for the construction and maintenance of water wells and related 'ncidental purposes, including the right of ingress and egress thereto; and there is specifically eserved for Verizon, its successors, heirs and assigns, an easement to construct, place, operate, nspect, maintain, repair and replace underground and overhead structures consisting of wires, 10/05/06 2 . 1 2 3 4 5 6 7 8 .9 10 e .. 23 24 25 26 27 28 RESOLl:T10"i OF THE CITY OF SAN BER"ARD'l"O DECLARIl"G ITS '''TE''iTlO'' TO ORDER THE VACATlO"i OF A PORTlO"i OF "'" STREET, "iORTHERLY OF 13TH STREET & A PORTION OF 13TH STREET, WESTERLY OF "'" STREET, cables and necessary fixtures and appurtenances and said easement shall includes rights of ingress and egress; and there is specifically reserved for Southern California Gas Company, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair and replace underground pipes and necessary fixtures and appurtenances and said easement shall include rights of ingress and egress; and there is specifically reserved for Time Warner Cable, 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 11 necessary fixtures and appurtenances and said easement shall includes rights of ingress and 12 egress. 13 14 SECTIO\' 5. That the Director of Development Services of the City of San Bernardino 15 hereby is directed to cause Notices of Street Vacation to be posted as required by said "Public 16 Street, Highways and Service Easements Vacation Law." 17 18 SECTIO\' 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 19 Sun, a newspaper published and circulated in the City of San Bernardin~, prior to the above date 20 21 set forth for the public hearing. 22 !/ i 10/05/06 3 e e e 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 RESOLl'TIO:'\ OF THE CITY OF S,~" BER:'iARDI:'iO DECLARI:\G ITS I'\TE:'\TIO:'< TO ORDER THE VACATlO'\ OF A PORTIO:\' OF "I" STREET, :'\ORTHERL Y OF 13T11 STREET & A PORTIOl" OF 13"1 STREET. WESTERL Y OF "I" STREET. 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 5 6 Common Council of the City of San Bernardino at a meeting thereof day of , 20_, by the following "ate, to held on the ~ I wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA BAXTER VACANT DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of ,20_ 21 The foregoing resolution is hereby approved this 22 Approved as to form: PATRICK J, MORRIS, Mayor City of San Bernardino 28 JAMES ,PENMAN City Attorney 10105/06 4 ~ , 1111 (2 2D '\. 21 22 23 24 25 26 27 28 29 30 ~ I @ @ @ @ @ CD @ @ @ @:: " e -------------- ~ @ @: @ @ - o , .' , j-' ) @ @: :; @ , , -......---- -----~-- --~---- IIG.lIt-- Hf-NlIt- -~- POB \J ~ - @=: , '\. ...,\" 5 ' . , : L1~ .AC : , , , 3 2 @ @ S.~ 'I.' ~. - - - - - - - - ---tHff-- - - - ~- I e f1 S 41 ~ ]~ @ ~ 12 @ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION REAL PROPERTY SECTION -\4ted by: i~ " 15 = - - _ @@ I - '-+' ..... - ~- * ,- -- 13 <{> "" - ... ;; U~ -- -- - -- -- -- @15 EXHIBIT "A" f- u.J u.J cr:: f- Ul I I L..L &; I. r "'- I. Y' t - I .,I" I I :;, B ..;, :::' -, PROPOSED V ACA TION OF A PORTION OF "I" STREET, NOR THERL Y OF 13TH STREET & A POR nON OF 13TH STREET WESTERLY OF "I" STREET. Prepared by: Ryan Sandoval I Checked by: Date' 6/26/06 Date' PLAN NO.: 11813 FilE NO.: 15.30-388 VACATION SHOWN THUS: ~