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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Subject: Plan Approval and Resolution-
Summary Vacation of a Portion of
State Street, and Adjacent Slope
Easement, South of Base Line Street
Dept: Development Services
Date: January 26, 2001
Synopsis of Previous Council Action:
File No. 15.30-358
MCC Date: 02-20-2001
12-04-2000 -- Resolution No. 2000-346 was adopted, approving an Agreement between the
City, Fourth Street Rock Crusher and the San Bemardino Unified School District, relative to
the extension of State Street, Phase I.
Recommended Motion:
1. That Plan No. 10216, depicting the proposed vacation ofa portion of State Street and
adjacent slope easement south of Base Line Street be approved.
and
2. Adopt Resolution
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Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 6
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) N/A
None
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
II
.
J./P.D/O/
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Plan Approval and Resolution - Summary vacation of a portion of State Street, and adjacent
slope easement, south of Base Line Street.
BACKGROUND:
On November 18, 1998, the City received and accepted an easement for street and highway
purposes and slope easement from Fourth Street Rock Crusher. This easement was part of the
extension of State Street, from its present terminus at 14th Street to Foothill Boulevard. This
easement was for Phase I, which allows access from Base Line Street to the new high school
located at Base Line Street and California Street.
Subsequent to the City's acquisition of this easement, the alignment of State Street was changed.
Pursuant to an Agreement between the City, Fourth Street Rock Crusher and the San Bernardino
City Unified School District, approved by Resolution No. 2000-346, adopted on December 4,
2000, Fourth Street Rock is to provide the City with an executed right of way document at no
cost to the City. On January 22, 2001, this office received, and the City Clerk accepted on behalf
of the City, an easement document from Fourth Street Rock over the new alignment.
The purpose of this action is to vacate the old easement, which needs to be done prior to the
recordation of the new easement. Pursuant to Section 8330 of the Streets and Highways Code, a
street may be summarily vacated, without notice and hearing, that has been superseded by
relocation, which is what the new easement document accomplishes.
The new easement document will be recorded upon approval and recordation of the attached
Resolution Ordering the Summary Vacation of this portion of State Street. No utilities have been
placed within the old alignment and any utility easements existing prior to the first easement are
not affected by this action. Attached is a vicinity map showing the genera1location of the
proposed vacation, as Exhibit "A". A copy of Plan No. 10216, depicting the area to be vacated, is
attached as Exhibit "B". A map depicting the new alignment of this portion of State Street is
attached as Exhibit "C".
FINANCIAL IMPACT:
None
RECOMMENDATION:
Staff recommends that the attached Plan 1 0216 depicting the vacation of a portion of State
Street be approved and that the attached Resolution Ordering the Summary Vacation of this
portion of State Street be approved.
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No Scole
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Location of
proposed vacation
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of a portion of
State Street and adjacent slope
easement, South of Base Line
Street.
~ indicates un-incorporated areas
~ within eit 's S here of Influence
Created by: L.4~.ut' Iir-ll!n Date: ,p~j;.w
EXHIBIT "A"
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CALIFORNIA STREET
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579" 04 ~
8.36' J82.9'j
SCALE: ," = 300'
R = 4275.00
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L = 636.49'
R = 2552.49'
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T = '6.94'
L = 33.88'
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RIW and SLOPE
EASEMENT
TO BE VACATED
(as dedicated to the City of
S.B. by Document No.
19980493512,O.R.)
S89 58'43"E
----.-----.-------.-.-.---. (t:-.--NtN-fH-----5iR E ET
Areas of vacation shown thus: ~
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
Approved:
City Englll8<<
P_~Br- .~~'~t.
Chocked by: ~ J >J
Date:
Date: l,h.;/ar,
Date: ; 1.J.'i ;,joc,1
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Proposed vacation of a portion of
State Street and adjacent Slope
Easement, South of Base Line
Street
PLAN NO: 10216
Sheet 1 of 1
File No.: 15.30-358
EXHIBIT "B"
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88' RICH r OF WAY
EASEMENT
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RIGHT OF WAY AND SLOPE
EASEMENT DEDICATION - APN
0269-231-18
CREATED BY:
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SEED 'AIL "A"
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S 890 53' 33" E
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
SOUTHERLY EXTENSION OF STATE
STREET FROM HANFORD STREET
T FOOTHILL BOULEVARD
EXHIBIT "e"
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 SUMMARY VACATION OF A PORTION OF STATE STREET AND ADJACENT
SLOPE EASEMENT SOUTH OF BASE LINE STREET IN THE CITY OF SAN
4 BERNARDINO.
5 WHEREAS, the Mayor and Common Council of the City of San Bernardino desire to
6
summarily vacate a portion of State Street and adjacent slope easement, south of Base Line Street
7
as a result of the realigmnent and relocation of this portion of State Street right of way, without
8
9
10
notice and hearing; and
WHEREAS, the area proposed to be vacated is more fully described in an easement
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11 document recorded November 11,1998, Document No. 19980493512, Official Records of San
12
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15
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Bernardino County, State of California, and also described in Exhibit "A", attached hereto and
made a part hereof.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
17
SECTION 1. That the Mayor and Common Council of the City of San Bernardino elect
18 to proceed with the summary vacation as described above, under and in accordance with the
19
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22
23
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rovisions of the "Public Streets, Highways, and Service Easements Vacation Law", being
ivision 9, Part 3 of the Streets and Highways Code of the State of California.
SECTION 2. That pursuant to Section 8330 of said Streets and Highways Code, the
ayor and Common Council do hereby find that said street and slope easement may be
ummarily vacated, without notice and hearing, for the following reason: said portion of State
25 treet to be vacated has been superseded by relocation.
26 SECTION 3. The Mayor and Common Council of said City do hereby summarily
(. '-. 27
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28
2/01/01
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RESOLUTION ORDERING SUMMARY VACATION - PORTIONS OF STATE STREET AND
1 ADJACENT SLOPE EASEMENT, SOUTH OF BASE LINE STREET.
2
vacate a portion of State Street and adjacent slope easement, south of Base Line Street, as more
3
4 fully described in said Exhibit "A".
5
6
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
7 easements for public utility purposes belonging either to the City of San Bernardino or to any
8 public utility that existed prior to the dedication of the easement being vacated.
9
10 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County,
11
12
13
SECTION 5. The City Clerk is hereby authorized and directed to file, or cause to be
and shall not take effect until such filing.
/II
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15 /II
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1/23/01
2
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RESOLUTION ORDERING SUMMARY VACATION - PORTIONS OF STATE STREET AND
1 ADJACENT SLOPE EASEMENT, SOUTH OF BASE LINE STREET.
2
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3
4 Common Council of the City of San Bernardino at a
meeting thereof
5 held on the
6 wit:
7 Council Members: AYES
day of
,20
, by the following vote, to
NAYS
ABST AlN ABSENT
8
ESTRADA
9
10 LIEN
11
12
13
MCGINNIS
SCHNETZ
SUAREZ
14
ANDERSON
15
16 MCCAMMACK
17
18
19
20
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23
City Clerk
The foregoing resolution is hereby approved this
day of
,20_.
JUDITH-VALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
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EXHIBIT" A"
Legal Description for the vacation of a portion of State Street,
and adjacent slope easement, south of Base Line Street
PARCEL ONE
THAT PORTION OF A CERTAIN 78.74 FOOT STRIP OF LAND, LYING WITHIN
THE FOLLOWING DESCRIBED PARCEL OF LAND:
THAT PORTION OF LOTS 186 OF THE SEMI-TROPIC LAND AND WATER COMPANY
SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 6 OF MAPS, PAGE 12, RECORDS OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTER LINE OF THAT CERTAIN PUBLIC
ROAD, 60 FEET WIDE, KNOWN AS BASELINE ROAD, SAID CENTER LINE BEING THE
NORTH LINE OF SAID LOT 186 AND BEING IDENTICAL WITII THE SAN
BERNARDINO BASE LINE, AS ESTABLISHED BY THE UNITED STATES
GOVERNMENT LAND OFFICE SURVEY, SAID POINT BEING ALSO THE MOST
NORTHEASTERLY CORNER OF TRACT NO. 143, DESCRIBED IN DEED RECORDED
IN BOOK 2550, PAGE 145, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING
NORTH 89017'39" WEST ALONG SAID NORTII LINE, 5.11 .FEET FROM THE
NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 0042'23" WEST ALONG THE
MOST EASTERLY LINE OF SAID TRACT NO. 143, A DISTANCE OF 50.73 FEET TO THE
TRUE POINT OF BEGINNING; THENCE ALONG A SOUTHEASTERLY LINE OF SAID
TRACT NO. 143, SOUTII 79033'57" WEST, 382.95 FEET; THENCE SOUTII 38050' 51"
WEST , 503.63 FEET; THENCE SOUTHEASTERLY 637.55 FEET ALONG A NON-
TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 4,295.00 FEET
AND A CENTRAL ANGLE OF 8030'18"; THENCE BEGINNING TANGENT OF SAID
CURVE BEARING SOUTH 7040'53" EAST; THENCE SOUTH 23019'25" WEST, 56.38
FEET TO A POINT IN THE EASTERLY LINE OF SAID TRACT NO. 143; THENCE SOUTII
2032'43" WEST, 834.07 FEET TO A POINT IN THE CENTER LINE OF NINTH STREET, A
PUBLIC ROAD, 60 FEET IN WIDTH, DISTANCE NORTH 89028'32" WEST ALONG SAID
CENTER LINE, 580.32 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITII
THE EAST LINE OF SAID LOT 186, SAID EAST LINE BEING IDENTICAL WITH THE
WEST LINE OF RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7
OF MAPS, PAGE 2 RECORDS OF SAID COUNTY; THENCE SOUTH 89028'32" EAST
ALONG SAID CENTER LINE OF NINTH STREET, 25.00 FEET; THENCE SOUTII
2032'43" WEST, 400 FEET, MORE OR LESS, TO AN INTERSECTION WITH TIIE SOUTH
LINE OF RANCHO MUSCUPIABE, AS PER PLAT RECORDED IN BOOK 7 OF MAPS,
PAGE 23, RECORDS OF SAID COUNTY; THENCE SOUTII 87050'00" EAST ALONG
SAID SOUTII LINE OF SAID LOT 186, 15.00 FEET TO A PARCEL OF LAND CONVEYED
TO THE WEST SAN BERNARDINO COUNTY WATER DISTRICT, A COUNTY WATER
DISTRICT, BY DEED RECORDED JULY 16, 1962, IN BOOK 5734, PAGE 522, OFFICIAL
RECORDS; THENCE NORTII 2010'00" EAST, 10.00 FEET; THENCE SOUTH 87050'00"
EAST, 45.00 FEET; THENCE SOUTH 2010'00" WEST, 10.00 FEET; THENCE SOUTII
--,
Legal Description for the vacation of a portion of State Street, and adjacent slope easement,
south of Base Line Street - continued
(- 87050'00" EAST, 471.93 FEET TO THE SOUTHEAST CORNER OF SAID LOT 186;
THENCE NORTH 4000'00" EAST, 2,391.00 FEET TO THE TRUE POINT OF BEGINNING.
SAID 78.74 STRIP OF LAND LIES 39.37 FEET ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
('-'
,-,
BEGINNING AT THE CENTERLINE INTERSECTION OF BELLEVIEW STREET AND
RANCHO AVENUE WITH A SPIKE AND WASHER MARKED "S.B. CITY" PER SAN
BERNARDINO CITY TIES; THENCE NORTH 04019'00" EAST, ALONG THE WEST LINE
OF RANCHO SAN BERNARDINO SAID LINE BEING THE CENTER LINE OF SAID
STRIP A DISTANCE OF 1,712.08 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 2591.86 FEET; THENCE CONTINUE
ALONG SAID CURVE THROUGH A CENTRAL ANGEL OF 19047'00" A DISTANCE OF
894.03 FEET; THENCE NORTH 24006'00" EAST, A DISTANCE OF 660.30 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
2591.86 FEET; THENCE CONTINUE ALONG SAID CURVE THROUGH A CENTRAL
ANGEL OF 24021'41" A DISTANCE OF 1102.02 FEET; THENCE NORTH 00015'41" WEST,
A DISTANCE OF 1327.25 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 2591.86 FEET; THENCE CONTINUE ALONG
SAID CURVE THROUGH A CENTRAL ANGEL OF 28023'59" A DISTANCE OF 1284.70
FEET; THENCE NORTH 28039'40" WEST A DISTANCE OF 772.60 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTH WEST HAVING A RADIUS OF
2591.86 FEET; THENCE CONTINUE ALONG SAID CURVE THROUGH A CENTRAL
ANGEL OF 17009'21" A DISTANCE OF 776.07 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE NORTHEAST HAVING A RADIUS OF 1472.65 FEET;
THENCE CONTINUE ALONG SAID CURVE THROUGH A CENTRAL ANGEL OF
45052'52" A DISTANCE OF 1179.26 FEET TO A 1.5" IRON PIPE TAGED "DWR" PER
CITY OF SAN BERNARDINO TIES DATED 4/19/76. "
SAID POINT BEING SOUTH 00003'51" WEST A DISTANCE OF 452.75 FEET FROM THE
CENTER LINE INTERSECTION OF STATE STREET AND HANFORD STREET, SAID
POINT BEING THE POINT OF TERMINATION.
EXCEPTING THEREFROM THE NORTHERLY I FOOT THEREOF.
CONTAINS 1.1 ACRES MORE OR LESS
PARCEL TWO
A SLOPE EASEMENT, TWENTY(25) FEET IN WIDTH, LYING ADJACENT TO AND ON
EITHER SIDE OF THE 78.74 STRIP OF LAND DESCRIBED ABOVE AS PARCEL ONE.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 'L. 20' () \ Item # I \
Vote: Ayes 1''1 Nays &-
Change to motion to amend original documents:
Resolution # 'lbO \ -' 3 'I
Abstain .9-- Absent ft
Reso. # On Attachments: L-
Conlractterm:
-
NulVVoid After: -
Note on Resolution of Attachment stored separately:-=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Jla1li: L _ FctaMSI See Attached: -=
Date Sent to Mayor: 2-2 \ -0 \
Date ofMayor's Signature:? -2 7 -() \
Date ofClerklCDC Signature: 'L--z.?ra,
Reso. Log Updated:
Seal Impressed:
v"
v
Date Memo/Letter
r Signature:
See Attached:
Date Returned:
-
See Attached:
------ -
-~Attached: _
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Yes~
Yes
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):
Yes
No By
No -L By
No v" By
No ,/ By
No / By
Yes
Yes
Copies Distributed to:
City Attorney v"
Parks & Rec.
Code Compliance
Dev. Services /
EDA
Finance
MIS
Police
Public Services
Water
Others:
Notes:
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: rn..
Date: ;;)'Ji,.,--Q I