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CITY OF SAN BERN4DINO - REQUEST F. COUNCIL ACTION
From: ROGER G. HARDGRAVE. Director
De~ Public Works /Engineering
Subject: Street Vacation and Protest Hearing
and Resolution Ordering
Vacation That portion of Edgehill
Road. East of Little Mountain Drive
Date: February 25. 1991
Synopsis of Previous Council action:
07/02/90
10/15/90
Authorization to proceed was given. and Plan No. 8159 was approved.
Negative Declaration was adopted and a finding of consistency with
the General Plan was made.
02/04/89
Resolution of Intention No.
hearing date of 03/04/91
portion of Edgehill Road.
attached Plan No. 8159.
91-39
for
East
was
the
of
adopted, which sets a public
proposed vacation of that
Little Mountain Drive, per
Recommended motion:
1.
That the hearing be closed and the Findings of Fact as set forth in the Staff
Report from Roger G. Hardgrave. Director of Public Works/City Engineer as to
that portion of Edgehill Road lying East of Little Mountain Drive is no
longer necessary for street purposes. be adopted.
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2. Adopt Resolution.
cc: Shauna Edwins. City Administrator
Andrew Green. Director of Finance
lamoc P""nman I (1; +y 4.++nrnAY
Contact person:
Annp- np.Rnlt
Phone:
5328
Supporting data attached: StAff Report. Resolution. Man
Ward:
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FUNDING REQUIREMENTS:
Amount: WAgp~ on W 0 12fi6
Source: (Acct. No.)
001-302-53157
(Acct. Descriotion)
street Vacat~ A ~ - /
Finance: .~ ~A-' /. vz:/
ceil Notes:
75-0262
Agenda Item No. 35
CITY OF SAN BERN~DINO -REQUEST FA COUNCIL ACTION
eA
STAFF REPORT
request was received from the Edgehill Management Corporation for Edgehill Road.
East of Little Mountain Drive. to be vacated. This request was submitted in behalf of
the condominium owners in response to their desire to control access by installing a
security fence. This desire stems from a long series of vandalism and criminal
activities. culminating in a the murder of a tenant in December. 1989. by an intruder.
Authorization was given on 07/02/90, to proceed with the proposed vacation and Plan
No. 8159 was approved.
utility companies and City departments were notified of the proposed vacation on
08/17/90, with replies due by 09/17/90. Several negative comments were received.
These concerns have been addressed several times over the past year - at this time all
City departments and the concerned utility companies have indicated that they are
satisfied with the resolution of ingress and egress problems.
On 10/15/90, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the General Plan was made.
On 02/04/91, Resolution of Intention No. 91-39 was adopted, reserving easements for
water line and appurtenant facilities, access for emergency vehicles and public
utilities over the entire area of the vacation. That resolution sets a public hearing
date of 03/04/91. On 02/13/91 and 02/20/91, the Resolution of Intention was published
in a local newspaper. Notices were posted in the area proposed for vacation, and the
Edgehill Homeowners Association and Management Corporation were notified of said
hearing.
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There appears to be no further necessity for that portion of Edgehill Road East of
Little Mountain, either for present or future street purposes. Staff recommends the
vacation on the basis of the following Findings of Fact:
1. The above portion of the street has been determined by the Department of Public
Works to be of no further necessity to the general public:
a) Negative Declaration was adopted. and a finding of consistency with the
General Plan was made.
2. There are only two adjoining property owners - The City of San Bernardino (Blair
Park) and the Edgehill Condominiums. The required $750.00 fee has been paid.
3. All of the concerned City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Easements for waterlines,
public utilities and access for emergency vehicles have been reserved over the
entire area of the proposed vacation, and the same have been provided for in the
Resolution of Intention.
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Two special requirements have been placed upon the proponents relative to the
proceedings which require completion prior to the adoption of the Resolution Ordering
Vacation. 1) Edgehill Homeowners and Edgehill Management Corporation need to come to
an agreement with the Parks and Recreation Department regarding the cost of the 720
square feet needed by them for their pullout/turn-around lane and telephone. A tenta-
tive agreement has been set at ~.OO per square foot for this property. 2) Edgehill
Homeowners and Edgehill Management Corporation need to come to an agreement with the
Mayor and Common Council as to the disposition of the City's portion of Edgehill Road
(the Southerly half of the road). Either the homeowners' group must purchase the
property or they must negotiate a long term lease for the area in question. One of
these two actions must be initiated before Edgehill Road is vacated. As there is the
possibility that one of these options has been selected and implemented, we have
attached the said Resolution Ordering Vacation for your action.
75-0264
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~ CITY OF SAN BERNARDINO
PULIC HORKS DEPARTMENT
ENGINEERING DIVISION
REAL PAOPERTV SECTION
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STREET I ALLEV VACM'"IDN I
'Por-c.l~n of Ea5~hi II. 'Rottd, 'Ea-st
or Uti Ie YY\ouni-atl\ "Dr; ve..
FILE NO.1 /5.30-2 qq PLA" "0.1 1959
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RESOLUTION NO.
RESOLUTION OF TIlE CITY OF SAN BERNARDINO ORDERING TIlE VACATION OF
THAT PORTION OF EDGEHILL ROAD EAST OF LITTLE MOUNTAIN DRIVE IN TIlE CITY OF
SAN BERNARDINO AND RESERVING EASEMENTS FOR WATERLINES AND APPURTENANT
FACILITIES, EMERGENCY INGRESS AND EGRESS, INGRESS AND EGRESS RIGHTS FOR THE
OWNERS OF PROPERTY IN TRACT 11047, THEIR HEIRS AND ASSIGNS, AND PUBLIC
UTILITY EASEMENTS THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1 :
The Mayor and Common Council of the City of San
8 Bernardino,
having heard the evidence offered in relation to the proposed
9 vacation of Edgehill Road, East of Little Mountain Drive. more particularly
10 described in City Resolution of Intention No. 91-39, hereby find from all
11 of the evidence submitted that such street proposed to be vacated by said
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Resolution is unnecessary for present or prospective street purposes.
SECTION 2.
The Mayor and Common Council of said City do
hereby
e 14 vacate that portion of Edgehill Road East of Little Mountain Drive, San
15 Bernardino, California. more particularly described as follows:
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02/25/91
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All that portion of Section 20, Township 1 North, Range 4
West, San Bernardino Meridian, unsurveyed, in the City of
San Bernardino, County of San Bernardino, State of
California, as the lines of United States Government
Survey extend across Muscupiabe Rancho, as per plat
recorded in Book 7 of Maps, Page 23. records of said
County, more particularly described as follows:
COMMENCING at the intersection of the center lines of
Little Mountain Drive and 33rd Street, as shown on Map of
Tract No. 8964, as per plat recorded in Book 126 of Maps,
Pages 13, 14 and 15, records of said County; thence East
along the centerline of said 33rd Street. said centerline
having a radial bearing of North 790 16' 37" East, a
distance of 44.00 feet to the Northeasterly line of said
Little Mountain Drive; thence Northwesterly along said
Northeasterly line of Little Mountain Drive, a distance
of 432.21 feet to the beginning of a non-tangent curve,
concave Southeasterly and having a radius of 20.00 feet.
a radial from said point bears North 670 09' 42" East;
thence Northerly along said curve through a central angle
of 910 36' 15", a distance of 31.98 feet to a reverse
curve. concave Northwesterly and having a radius of 355
feet; thence Easterly along said curve through a central
angle of 180 56' 26". a distance of 117.35 feet to the
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02/25/91
STREET VACATION:.ORTION OF EDGEHILL ROAD. EAST. LITTLE MOUNTAIN DRIVE
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True Point of Beginning; thence continuing along said
curve through a central angle of 390 22' 50", a distance
of 244.00 feet to a reverse curve, concave Southeasterly
and having a radius of 20.00 feet; thence Northeasterly
and Easterly along said curve. through a central angle of
840 53' 48", a distance of 29.63 feet to the beginning of
a reverse curve, concave Northeasterly and having a
radius of 1030 feet; thence continuing Easterly along
said curve through a central angle of 160 38' 00", a
distance of 299.02 feet to the beginning of a reverse
curve, concave Southwesterly and having a radius of 270
feet; thence continuing Easterly along said curve through
a central angle of 580 43' 52", a distance of 276.77 feet
to the beginning of a non-tangent curve, concave South-
westerly and having a radius of 50.00 feet, a radial from
said point bears South 440 13' 51" West; thence South-
easterly along said curve through a central angle of 450
57' 53", a distance of 40.11 feet to a reverse curve,
concave Northeasterly and having a radius of 52.00 feet;
thence Southerly and along said curve through a central
angle of 2550 51' 14", a distance of 232.21 feet to a
reverse curve. concave Northeasterly and having a radius
of 50.00 feet; thence Northwesterly along said curve
through a central angle of 330 17' 01", a distance of
29.05 feet to a reverse curve. concave Southwesterly and
having a radius of 330.00 feet; thence continuing
Westerly along said curve through a central angle of 620
07' 32", a distance of 357.82 feet to a reverse curve,
concave Northwesterly and having a radius of 970.00 feet;
thence continuing Westerly along said curve through a
central angle of 140 56' 00", a distance of 252.82 feet
to a reverse curve, concave Northeasterly and having a
radius of 50.00 feet; thence continuing Westerly along
said curve through a central angle of 240 46' 05", a
distance of 21.62 feet to a reverse curve, concave South-
easterly and having a radius of 70.00 feet; thence
continuing Southwesterly along said curve through a
central angle of 1290 59' 09". a distance of 158.81 feet
to a reverse curve, concave Northwesterly and having a
radius of 50.00 feet; thence continuing Southerly along
said curve through a central angle of 270 57' 31". a
distance of 24.40 feet to a non-tangent curve, concave
Northwesterly and having a radius of 295.00 feet, a
radial from said point bears North 760 49' 30" West;
thence continuing Southerly along said curve through a
central angle of 330 26' 41", a distance of 172.20 feet;
thence along a radial line bearing South 430 22' 49"
East, a distance of 60.00 feet, more or less, to the True
Point of Beginning.
And is also described in said Resolution of Intention No. 91-39.
SECTION 3. Nothing in this Resolution shall in any way affect or
disturb any existing easements for public utility purposes belonging either
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02/25/91
'>lJ<.t.J:.l
V ALAUUt<: 1'01<llUI'< Ur J:.iJ(,EHILL 1<UAlJ,
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J:.A::>l Ur LlTTLb MUUI'< IAll'< 1J1<1 Vb
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1 to the City of San Bernardino or to any public utility and there are hereby
2 specifically reserved to the City of San Bernardino, and SoCalGas Company,
3 easements and the right at any time. or from time to time, to construct,
4 maintain, operate, replace and renew one or more pipelines and appurtenances
5 thereto, for the transportation of water and for the transportation of
6 natural gas and for incidental purposes, respectively, over the above
7 described property, including the rights of ingress and egress thereto.
8 There are also specifically reserved to Southern California Edison and
9 Chambers Cable of Southern California. easements over the Northerly 11.00
10 feet of the above described property, to construct, place, operate, inspect,
11 maintain. repair, replace and remove such aerial and underground electrical
12 and telecommunication transmission structures, as the companies may from
13 time to time require. consisting of poles, anchors. wires. cables. conduits,
14 manholes, markers and necessary fixtures and appurtenances. There is also
15 specifically reserved to the City of San Bernardino. an access easement for
16 the ingress and egress of emergency vehicles over the above described
17 property. There are specifically reserved to the owners of property in said
18 Tract No. 11047. their heirs and assigns. the use and benefit of ingress and
19 egress rights over the above described property.
20 SECTION 4. The City Clerk of the City of San Bernardino shall
21 cause a certified copy of this resolution to be recorded in the office of
22 the County Recorder of the County of San Bernardino.
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02/25/91
STREET VACATION. PORTION OF EDGEHILL ROAD. EAS. LITTLE MOUNTAIN DRIVE
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
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thereof
held
on the
dav
of
meeting
. 1991. by the following vote. to-wit:
NAYS
ABSTAIN
COUNCIL MEMBERS:
AYES
ESTRADA
8 REILLY
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FLORES
MAUDSLEY
MINOR
12 POPE-LUDLAM
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MILLER
City Clerk
The foregoing resolution is hereby approved this
day
18 of
. 1991.
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W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
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