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'CITY OF SAN BERN,QDINO - REGUES't 'FOi'COU(i.LACTION
From: ROGER G . HARDGRAVE. Direc tor'
Subject:
Resollltioll Orderiug \i",:<ttiull--- por~ i()w:
of Md. i nand Broadwd\ ~; Lt'eets betwf~en "I"
and ;. .1" S lTeet s .
Dept:
P"bli, Works /Engineering
Date:
~lIgusl 24, 1989
Synopsis of Previous Council action:
02-01-BH
^u1hf)l~izdt ion to proceed was given, flnd rJdn ~o. 71..22 v.d.'-.\:)pn)\-ed.
08-C1.88
:-Iegative Deciaration was adopted and a Finding of consist,.;),\ wit.h
the general plan was made.
09-07-88
Resolution of Intention
public. hearing date
attached Plan No. 7422
No.88-344 was adopted, which
of for the proposed vacation
sets
as
d
p,'r
08-21-89
Public hearing was held and all protests were overruled and hearing
closed. Finding of facts for the proposed vac'.Jl.i"n was adop!.ed.
Recommended motion:
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Adopt Resolution.
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Marshall Julian, City Administrator
Jim Richardson, Deputy City Administrator
,lames Penman, City Attorney
steve Dukett, Executive Dir., RDA
e\'e 1 opment
Contact person:
Supporting data attached: Staff Report, Resolution, Map
Les Fogassy
Phone:
5334
Ward:
3
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct.-No.) N/A
(Acct. Description) N / A
Finance:
Council Notes:
7~.O?6?
AQenda Item No.
~7
. CITY OF SAN BERNQ.DINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
.The City received u request from the Redevelopment Agency to vacate portions of Main
Street and Broadway Street, between "I" and "J" Streets. The request came as a result
the Atchison Topeka and Santa Fe Railroads requirement to close the grade crossings
prior to the approval of a new grade crossing at "F" 'Street, South of Rialto Avenue.
The new. grade crossing is necessary for the Central City South Redevelopment Area.
After author-ization
Departments, Utility
vacation.
to proceed was given, this office notified all
Companies and property owners in the area
interested City
of the proposed
The Ci ty
reservation
resolution.
Departments alld utility companies responded with some requests
of easement, which will have to be reserved, as set forth in the
for the
attached
Resolution of Intention 88-344 was approved, which set a public hearing date. The
hearing was continued several times because of some concerns of the property owners in
the area. The City met. wi.th these owners on several occasions to try and resolve the
problems and concerns and was unable to come up with any satisfactory solut.ions.
On August 21, 1989, the public hearing was held, and all prot.est.s were overruled, and
a flnding that. the proposed vacat.ion was no longer necessary for a public street. was
adopt.ed.
The f i ",11
Reso I uti on
process t.o complete t.he vacation is the adoption and recordation
Or'dering Vacation, which has been attached heret.o for your action.
of
a
This Resolution will not take effect unt.il t.he new grade crossing at. "F" Street is
dpproved by the Public Utilities Commission, at. which time t.he Resolution, if adopt.ed,
will he rl":orded and the vacat.ion will be complet.e. Adoption of the resolution is
needed before the Public Uti lities Commission can approve the new grade crossing.
8-24-89
75-0264
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Por. C'IIRTiR& Sua"VIS,OII M.'. !lh.
Pr.p.r.d b!jl
Ch.cll.d b!j I
DATE : _ I _
AREA VACATED SHOWN THUS ~
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CITY OF SAN BERNARDINO
PUBLIC HORKS DEPARTMENT
ENGINEERING DIVISION
REAL PROPERTY SECTION
GIMEER
FILE NO,I s: 3d- 265 PLAM MO.I 7 '12.2.
STREET I ALLEY VACM"ION I
~/lTIM.s OJ' ",,,,14 STltE6T /tHD
~R_D,.,lty ~Ta.1t1iT 86TlU&eH
".z' -S1R5.T" ~o ..~. STta6'r
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE' VACATION
OF PORTIONS OF MAIN STREET AND BROADWAY STREET BETWEEN "I" AND "J" STREETS
IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER
~ND APP~RTENANT FACILITIES, WATER LINES AND PUBLIC UTILITIES THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
The Mayor and Common Council of the City
SECTION 1:
of San
having heard the evidence offered in re lati on to the
Her'nor'dino,
proposed
of portions of Main Street and Broadway Street between
\;'dcation
"Ill and
9 '\J". Streets io the City of San Bernardino and described in City Resolution
10 of Intention No. 88-344, hereby find from all of the evidence submitted
11 that such street: proposed to he vacated by said Resolution is U1mecessary
12 [nt. present or prospecti ve street purposes.
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SECTION 2.
The Mayor and Common Council of said City do hereby
vrt,'ate portions
of Main Street and Broadway Street between
"TH dnd
IIJ"
Sl reel'. s, San
Bernardino,
as
California, more particularly
described
follows:
Those portions of Main Street and Broadway in
of San bernardi'"" County of San Bernardino,
Cal ifornia, descr'ibed as follows: .
the City
State of
!,ARCEL_ONE: Thal. por.tion of Broadway Street, delineated
as that certain unnamed EastfWest street on the Map of
Carter's Subdivision, as per plat recorded in Book 3 of
Maps, page 79, records of said County, described as
follows:
Commencing at the Northeast corner of Lot 11 of said
s'lbdivision, said point also being on the South line" of
silid Broar1way street:; thence East, along said South line
to Ui<' Web\' line of the A. T. '" S. F. Railroad Right of
WilY, dorl the' true point of Beginning; thence East, along
the South line of said Broadway Street, to the East line
of saH Railroad Right of Way, said point also being on
the South line of Lot 6 of said subdivision; thence West
along Ihe Not'th line of said Broadway Street, t.o the
Ii", t j ,ne of said Rdilroad Right of Way; thenc0
Norl i,ertst"r']y, "long a straight 1 ine, to the True Point.
of TIpgirHlllJg.
08-24-89
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RESOlXTIO'i
BETWEEt\ "J"
DRDERlt\G VACATION:
ANC" STREETS.
PORTI()N:~ 0' 'IA!' ClEfT "'iD
1;J?OAnh.: i
(,")f'1 T
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'PARCEL---.lWO: That portion of ~1aill stn~(.'t, de] incatp(] f}:;
tlldt eertain unnamed East/West StJ~et~-t- on
.Crtrter's Sublivision, as pPI' pint l-f~ClJlrlliJ
Ivl'-lps, page 70, records uf said (~OUTlt\'1
follows:
1 ~H'~f1p
in Bonk 'l
I J.:o<..;,,:rih(,.:l
I.)f
uf
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Commencing at t he Northw~s t COr-ltcr of Lot 2Cl u f.(,,}; d
subdivisLlIlJ said point dl~,l) bei.ng on the South ljry of
said main street; thence E,IS-t, a 1 fdlg sfiid SlJuth I in,' t ()
the West] ine of the A. T. {., S. F. Hallroad lHght of Wi'O
dnd the TnlF: Poinl of Beginning; thence East, along the
South line of said Main street, to the east lin~ of sald
Railroad Right of Way; thrmce North, along a straiglrl
line, t" the intersection of the North line of said ~Iaill
Street ond the East line of said Railroad Right of lido'
soid point also being on the South line of l.ot 1 of sdid
subdivision; thence West i.llong said South line, to the
West line of said Raih'ood Right of Way; thence South,
along a straight line, to the True Point of Beginning.
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and is also described in said Resolution of Interd ion \0. 88-"14'..
SECTION
Nothing in this Resolution shall in t:\ny WdY
3.
affect
or disturb any existing easemenL,;" for '-,dnitary :;;ewer dlld
(1ppurtl!Iii:~nt .facilit.ies or for putJ11c
uti ii
pllf PO:-;l'.'-; i'L 11 ngin€,;
either
to the City of San Bernardino or to <illY pll"blic ut ij it>" dli~-1
there is hereby reserved an ea.sement for' future utilit~ pur"poses rOl
1"his rit) and fer public utility purposes, Hlort:~ rklrtL~llL)rly at!
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Pflsement. for' sduitdCY sewer dnd appurtenant f,"!\:il; Lip,,,;; for f;lf~ Ci .-;" uf
San bernardino J in over, under and ar:ross the port_ ion of re,'}] propt.'rty
hereinabove described as Parcel One, and
fOJ" water lines
and
appurtenant facilities to the City of San Bernardino ove,. t1", enti ,'p
port ion of the rea 1 property hereinabove opscrj "hed, aIld for S{)ljthp?"n
r,'ilifornia Gas Company Company, a.n easement dlld rig:lt at all~ time, or
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from time to time to construct, maintain, operi:d-e, repL:u.:e dnd r'ehew
dppurteudllces Uwrelo for the transpor.titl i on of IIdtut.d. gdS, 1 n ~ ovel",
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IInder and across the enti re portion of "ea 1 property d"sr,.i ber! uS
Parcel One hereinabove and for GTE California Inc., nn easement nnd
right at nny Limp, or frrHII t illjl' t.o t.ime to Low-.I I'lll:t, Ifldird-.i)ill,
(\Q_ ,)/,_~lO
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RESOLUTIOS' ORD~NG VACATION: PORTIO,S OF '1AINCJEET AND
BETWEEN "J" A'ItJ\.J" STREETS.
BROADWAY
S'l'REET
1 operatp, replace and renew appurt.enances t.hereto lor th.: tnHlsmis~,il}n
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of communicatiun signals, in, over, undpr and across
portiO!, of ,-eal property hereinabow, described.
the !'Il! ire
SECTION 5. This Resolution shall have no effect unti 1 UI"
Public Uti 1 i lies Commission has given approval for the grade cro"sing
at 'T" 'Street, South of Rialto Avenue, across the ,~.T. & S.F. R"iin""j
Right of Way, in the City of San 8ernardino.
SECTION 4.
The City Clerk of the City of San
Bernardino
9 shaJ] cause a. certified copy of this resolution to be recorded in t.he
10 office of the County Recorder of the County of San Benl",.d ill" un ly
11 when the conditions set forth in Section 5 hereinabove, J",\, l)e'.j,
12 fulfilled.
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08-24-89
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RESOLUTION ORD~NG VACATION: PORTIONS OF MAIN ~ET AND BROADWAY STREET
BETWEEN "J" AND\""J" STREETS. V
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the
Mayor and Common
Council of the City of
San
Bernardino at
meeting thereof held
a
on
the
day
of
19
by
the
following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this __________ day of
, 19___
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
C:J=OY ~
by: 2-