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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Dept: Development Service r I . L
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Subject: Resolution of Intention - proposed vacation
of a portion of Pico Avenue, south of Rialto Avenue,
Belleview Street, east and west of Pi co Avenue and
that certain east/west alley, south of Rialto Avenue
and east of Pi co Avenue.
Date: September 16,2002
File No. 15.30-365
Synopsis of Previous Council Action: MCC Date: 10-07-02
8-19-02 - Authorization to proceed was given for the proposed vacation of a portion of Pico
Avenue, south of Rialto Avenue, Belleview Street, east and west of Pi co Avenue and that certain
east/west alley, south of Rialto Avenue and east of Pi co Avenue and Plan No. 10501 was approved.
Recommended Motion:
Adopt resolution.
W-
James Funk
Contact person: EILEEN GOMEZ
Phone: 5328
Supporting data attached: StaffReport!Maps Ward: 3
FUNDING REQUIREMENTS: Amount: $1,000.00 (Vacation Processing Fee)
Source: (Acct. No.) 001-000-4780-0000
(Acct. Description) Vacation processing fees
Finance:
Council Notes:
"Q~ ..iJo'?oo;l-31 f)
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention - proposed vacation of a portion of Pico Avenue, south of Rialto
Avenue, Belleview Street, east and west of Pi co Avenue and that certain east/west alley, south of
Rialto Avenue and east of Pi co Avenue.
BACKGROUND:
On August 19, 2002, staff was authorized to proceed with the proposed vacation of a portion of
Pico Avenue, south of Rialto Avenue, Belleview Street, east and west of Pi co Avenue and that
certain east/west alley, south of Rialto Avenue and east of Pi co Avenue, and Plan No. 10501 was
approved. The proposed vacation of these streets would assist in the prevention of public
dumping and enable future development of the surrounding parcels by making them contiguous.
Since Mr. Long already owns the majority of the adjoining parcels, it is staff's opinion that the
portions of these streets proposed to be vacated will no longer be needed as public right of way.
City Departments, utility companies, and all adjacent or affected property owners were mailed
notification of the proposal, and were given the opportunity to submit comments on any conflicts
or to reserve easements. All responses received were favorable. The City Water Department and
Burlington North Santa Fe submitted requests to reserve easements for their existing facilities,
which will be reserved in the Resolution ofIntention and the Resolution Ordering Vacation.
The attached Resolution of Intention sets a public hearing for November 4, 2002. Upon
approval, the Resolution will be published in The San Bernardino County Sun, the street will be
posted and adjacent and affected property owners will be given notification of the public hearing.
At the public hearing, a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. Applicant has paid the first half ofthe processing fee and will pay the remainder prior to
the legal proceedings.
RECOMMENDATION:
Adopt resolution.
No Scale
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED VACATION OF A PORTION A PICO
A VENUE, SOUTH OF RIAL TO A VENUE,
BELLEVIEW STREET, EAST AND WEST OF PICO
AVENUE AND THAT CERTAIN EAST/WEST
ALLEY, SOUTH OF RIAL TO A VENUE AND EAST
OF PICO AVENUE.
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Areas of vacation shown thus: ~ ~~:~: ~;~17:~~~~~~~~ ~:us: 1:-:::::1
CITY OF SAN BERNARDINO PLAN NO. 10501
PUBLIC WORKS DIVISION
REAL OPERTY SECTION Sheet 1 of 1
Appro 1iL/Uc. Date:
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SCALE: '"-200'
PROPOSED VACATION OF A PORTION A
PICO AVENUE, SOUTH OF RIALTO
AVENUE, BELLEVlEW STREET, EAST AND
WEST OF PICO AVENUE AND THAT
CERTAIN EAST/WEST ALLEY, SOUTH OF
RIAL TO A VENUE AND EAST OF PICO
A VENUE.
1
2 RESOLUTION OF THE CITY OF SAN BER~ARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF PI CO AVENUE,
SOUTH OF RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICO
4 AVENUE AND THAT CERTAIN EASTIWEST ALLEY, SOUTH OF RIALTO AVENUE
5 AND EAST OF PICO AVENUE.
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7
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10 Avenue, Belleview Street, east and west of Pi co Avenue and that certain east/west alley, south of
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RESOLlJ~~~d \{
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor and Common Council of the City of San Bernardino
hereby declares its intention to order the vacation of a portion of Pico A venue, south of Rialto
Rialto Avenue and east of Pi co Avenue, as described as follows:
Those portions of Pi co Avenue (formerly California Street) generally south of Rialto
Avenue (formerly First Street); Belleview Street (forn1erly Atlantic Street) east and west
of said Pico Avenue; and that certain 15' wide east/west alley, south of said Rialto
A venue, east of said Belleview Street, as said streets and alley are delineated on the map
of Murray and Payne Subdivision, as per plat thereof recorded in Book 4 of Maps, page
27, records of the County Recorder of San Bernardino County. State of California, more
fully described as follows:
All iliat portion of said Pico A venue, lying south of the easterly prolongation of the south
line of Lot 1, Block K of said Murray and Payne Subdivision. and the north line of the
Lytle Creek Flood Control Channel; and that portion of Belleview Street. lying between
ilie southerly prolongation of the west line of Lot 13. Block K of said Murray and Payne
Subdivision and the southerly prolongation of the east line of Lot 12. Block E of said
Murray and Payne Subdivision; and that certain 15' wide east/west alley lying south of
and adjacent to Lots 3 through 7 of said Block E.
22 Excepting ilierefrom any portions ofthe above streets and/or alley previously vacated.
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26 with the provisions of the "Public Streets, Highways. and Sen'ice Easements Vacation Law".
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SECTION 2, That the Mayor and Common Council of the City of San Bernardino, in
vacating the above described portions of said streets, elects to proceed under and in accordance
being Division 9. Part 3, of the Streets and Highways Code of the State of California.
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09/30/02
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RESOLUTION OF INTENTION - VACATION OF A PORTION OF PICO A VENUE, SOUTH OF
RIAL TO A VENUE, BELLEVIEW STREET, EAST AND WEST OF PICO A VENUE AND THAT
1 CERTAIN EASTIWEST ALLEY, SOUTH 01' RIAL TO A VENUE AND EAST OF PICO A VENUE
2 (Plan No. 10501).
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SECTION 3. That the hour of 4:00 p.m., on Monday, November 4, 2002, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
and place when and where all persons interested 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, reference is made to that map marked "Plan No.
1050 I ", approved on August 19, 2002, a copy of which is on file in the office of the City Clerk
of said City.
12 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
13 easements for public utility purposes belonging either to the City of San Bernardino or to any
successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities over the
entire area proposed to be vacated, including the right at any time, or from time to time, to
18 construct. maintain, operate, replace and renew said sewer or appurtenances and shall include the
19 right of ingress and egress thereto; and there is hereby specifically reserved for the City of San
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Bernardino Municipal Water Department, its successors, heirs and assigns, an easement for water
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utility purposes over the entire area proposed to be vacated, including the right at any time, or
23 from time to time, to construct, maintain, operate, replace and renew one or more pipelines or
24 appurtenances for the transportation of water and related incidental purposes, and said easement
25 shall include the right of ingress and egress thereto; and there is hereby specifically reserved for
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Burlington Northern Santa Fe, its successors, heirs and assigns, an easement to inspect, maintain,
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09/30/02
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RESOLUTION OF INTENTION - VACATION OF A PORTION OF PICO A VENUE, SOUTH OF
RIAL TO A VENUE, BELLE VIEW STREET, EAST AND WEST OF PICO A VENUE AND THA T
1 CERTAIN EASTIWEST ALLEY, SOUTH OF RIALTO AVENUE AND EAST OF PICO A VENUE
2 (plan No.1 0501).
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construct, operate, replace and renew existing railroad facilities or appurtenances, and said
easement shall include the right of ingress and egress thereto.
SECTION 5. That the City EngineerlDeputy Director of Development Services for the
City of San Bernardino is hereby directed to cause Notices of Street! Alley Vacation to be posted
as required by said "Public Streets, Highways and Service Easements Vacation Law."
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Intention and shall cause the same to be published once a week for two successive weeks in The
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12 Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
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13 set forth for the public hearing.
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09/30/02
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RESOLUTION OF INTENTION - V ACA TION OF A PORTION OF PICO A VENUE, SOUTH OF
RIALTO A VENUE, BELLEVIEW STREET, EAST AND WEST OF PICO A VENUE AND THAT
1 CERTAIN EASTIWEST ALLEY, SOUTH OF RlALTO A VENUE AND EAST OF PICO AVENUE
2 (plan No. 10501).
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
, 20 , by the following vote, to wit:
Council Members: A YES
NA YES
ABSTAIN ABSENT
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The foregoing resolution is hereby approved this
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ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_"
JUDITH V ALLES, Mayor
City of San Bernardino
4
09/30/02
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I(yf)-() ;;J.
Vote: Ayes ,- 'I Nays
Item #_/4
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Abstain
Change to motion to amend original documents: -
Resolution #
'Z(A) 2 -31 F)
Absent .e-
,.e-
Reso. # On Attachments:""-:'---' Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
pr-
Date Sent to Mayor:
'Or~-O,;l.
IC} -\<X'!}
Date of ClerklCDC Signature: \O-\O-o;}
Date of Mayor's Signature:
nature:
See Attached:
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
NullNoid After: -
By: ty\,~ LolL
Reso. Log Updated: V
Seal Impressed: /
Date Returned: -
YesL No By
Yes NoL By
Yes No L By
Yes NO-Y By
Yes No By
Code Compliance Dev. Services / EDA Finance
Police Public Services Water Others:
Notes:
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: fYtr
Date:\~ -\4-0-)-
Revised Oli12/0l