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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
OR!f";"1-L
I~ilvi-l
Subject: Public Hearing 10:00 a.m, and
Resolution Ordering Vacation --- a
portion of 3'd Street, West of Kendall
Avenue, East of"K" Street.
From: JAMES FUNK,
Director
Dept: DeYelopment Services
Date: May 30, 2001
File No.l5.30-357
Synopsis of Previous Council Action: MCC Date: 06-18-2001
03/19tO 1 - Authorization to Proceed with the proposed vacation of a portion of 3'd Street, West of
Kendall Ayenue, East of"K" Street was given and Plan No. 10212 was approyed.
05t21101 - Resolution ofIntention No, 2001-110 was adopted, setting a Public Hearing.
Recommended Motion:
1, That the public hearing be closed and the Findings of Fact, as set forth in the Staff Report
from the Director of Development Services, as to why a portion of 3'd Street, West of
Kendall A venue, East of "K" Street is no longer necessary for public street purposes, be
adopted.
AND
h=f~
2.
Adopt Resolution,
Contact person:
EILEEN GOMEZ
Phone:
5328
Supporting data attached:
Staff Report! Maps!
KeSOlUuon
Ward:
I
FUNDING REQUIREMENTS: Amount: $1,000,00
Source: (Acct. No.)
001-182-5011-0000
(Acct De.cription) Real Property Salaries
Finance:
Council Notes:
Agenda Item No,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing for 10:00 a.m. and Resolution Ordering Vacation - a portion of3'd Street, West
of Kendall Avenue, East of "K" Street.
BACKGROUND:
On March 19,2001, staff was authorized to proceed with the proposed vacation and Plan No.
10212 was approved. City departments, utility companies and all adjacent property owners were
mailed notification of the proposal, and were giyen the opportunity to submit comments on any
conflicts or to reserve easements. All responses received were fayorable. The City Water
Department and Charter Communications submitted requests to reserve easements for their
existing facilities, which will be reserved in the Resolution of Intention and will be reserved in
the attached Resolution Ordering Vacation.
On May 21, 2001, Resolution of Intention No. 2001-110 was adopted, setting a public hearing
for June 18,2001. Notices were posted along the area proposed for yacation and published in
the San Bernardino County Sun newspaper, Adjacent property owners were also notified of the
public hearing by mail.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and we recommend the vacation based on the following facts:
I. The Director of Deyelopment Services has determined that the proposed vacation is of no
further necessity to the general public.
2. A finding of consistency with the General Plan was made.
3. There haye been no objections by any adjoining property owners.
4. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted. Easements across the area to be
vacated will be reserved in the Resolution Ordering Vacation for the City Water
Department and Charter Communications.
FINANCIAL IMPACT:
Pursuant to the Construction and Maintenance Agreement dated November 20, 2000, between
the City and the Southern California Regional Rail Authority (SCRRA), $1,000 processing fee
(for staff time and administrative cost incurred by the department for processing this item), will
be waiyed.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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Portion of 3rd Street to be
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of a portion of
3rd Street, between Kendall
Avenue and "K" Street
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: /5. ~- !~1
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF A PORTION OF 3RD STREET, WEST OF KENDALL AVENUE, 'EAST
OF "K" STREET AND RESERVING CERTAIN EASEMENTS THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
having heard the eyidence offered in relation to the proposed vacation of that certain portion of
3RD Street, West of Kendall Avenue, East of"K" Street, described in Resolution ofIntention No,
2001-110, hereby find from all of the evidence submitted that such portion of said street
proposed to be vacated by said Resolution is unnecessary for present and prospective street
12
13
14
purposes,
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
"-, 15 certain portion of3nl Street, West of Kendall Avenue, East of"K" Street, as described in Exhibit
-'-
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16 "A" attached hereto,
17
18
19
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
easements for public utility purposes belonging either to the City of San Bernardino or to any
public utility and there is hereby specifically reserved for the City of San Bernardino Municipal
20
21 Water Department, its successors, heirs and assigns, a temporary easement for water utility
22 urposes over the entire area proposed to be vacated, including the right at any time, or from
23 ime to time, to construct, maintain, operate, replace and renew one or more pipelines or
24
25
ppurtenances for the transportation of water and related incidental purposes, including the right
26
f ingress and egress thereto; and there is hereby specifically reserved for Charter
ommunications, its successors, heirs and assigns, an easement to construct, place, operate,
27
28 'nspect, maintain, repair and replace underground and overhead structpres consisting of wires,
5t23/0 I
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RESOLUTION ORDERING VACATION OF A CERTAIN PORTION OF 300 STREET, WEST OF
KENDALL A VENUE, EAST OF UK" STREET (Plan No. 10212)
cables and necessary fixtures and appurtenances, and said easement shall include rights of
4 ingress and egress thereto.
5 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of
6 this Resolution with the San Bernardino County Recorder's office,
5/23/01
2
RESOLUTION ORDERING VACATION OF A CERTAIN PORTION OF 3" STREET, WEST OF
1 KENDALL A VENUE, EAST OF "K" STREET (Plan No, 10212)
3
4 Common Council of the City of San Bernardino at a
5
6
7
8
9
10
19 The foregoing resolution is hereby approved this
20
21
22
23
24
AMES F. PENMAN
25 City Attorney
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
held on the
day of
, 20---...:, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_.
JUDITH VALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
5/23/01
3
,,-
EXHIBIT "A"
'-,
Legal Description for the vacation of a portion of 3rd Street,
West of Kendall Avenue, East of"K" Street
That portion of 3rd Street, Rancho San Bernardino, in the City of San Bernardino, County of
San Bernardino, State of California, as shown on map filed in Book 7 of Maps, Page 2, and as
described in deed to the City of San Bernardino recorded in Book 622, page 157 of deeds, and
in quitclaim deed to the City of San Bernardino recorded in Book 4805, page 81, Official
Records of said County, described as follows:
Beginning at a point on the North line of said 3rd Street, 82.50 feet wide, as shown on said
map of Rancho San Bernardino, distant along said North line South 89037'45" West, 4.56 feet
from the most westerly corner of Parcell, described in deed to San Bernardino Associated
Goyernments recorded December 15, 1992, as Instrument No, 92-514402, Official Records of
said county; thence South 00041'10" East, 1.45 feet to a point on a non-tangent curve concaye
Southerly haying a radius of 336,00 feet, a radial line to said point bears North 00031 '56"
West; thence Westerly, 55,58 feet along said curve through a central angle of 09028'38";
thence South 79059'22" West, a distance of 61.40 feet to a curye concaye Southeasterly haYing
a radius of 1898.28 feet; thence Southwesterly, a distance of 88.37 feet along said curve
through a central angle of 02040'02"; thence South 77019'20" West, 58,68 feet to a curve
- concaye Southeasterly having a radius of 208,00 feet; thence Southwesterly, 144,72 feet along
"'-, said curye through a central angle of 39051'54"; thence South 37027'26" West, a distance of
16.09 feet to a curve concave Northwesterly haYing a radius of 2.00 feet; thence
Southwesterly, 1.81 feet along said curve through a central angle of 51048'43"; thence South
89016'09" West, a distance of 15.12 feet, more or less, to a point in the Northwesterly line of
Parcel 3, described in said Book 4805, Page 81, Official Records of said county, said point
also being the Northwesterly line of said 3'd Street; thence along said Northwesterly line North
44042'28" East, a distance of 61.61 feet to a point on the Easterly line of "K" Street, 45.00
feet wide, as said "K" Street is described in deed to the City of San Bernardino recorded in
Book 422 of Deeds, Page 238, records of said county, said point being distance southerly, a
distance of 8,54 feet along said Easterly line from the Southerly line of said 3'" Street as shown
on said map of Rancho San Bernardino, said point also being on a non-tangent curye concave
Southeasterly having a radius of 216,25 feet, a radial line to said point bears North 48019'35"
West; thence Northeasterly, a distance of 136.95 feet along said curve through a central angle
of 36017'11" and along the Northerly line of said 3'd Street; thence continuing along said
Northerly line, North 77059'36" East, a distance of 121.49 feet to an angle point on said
Northerly line, thence continuing along said North line, North 89037'45" East, a distance of
127.27 feet, more or less, to the Point of Beginning.
Area of the above parcel is 0,12 acre or 5471 square feet more or less.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES fUNK,
Director
Subject: Public Hearing 10:00 a.m, and
Resolution Ordering Vacation --- a
portion of 3rd Street, West of Kendall
Avenue, East of"K" Street.
Dept: Development Services
Date: May 30, 2001
file No.15.30-357
Synopsis of Previous Council Action: MCC Date: 06-18-2001
03t19/01 - Authorization to Proceed with the proposed vacation of a portion of3'd Street, West of
Kendall Avenue, East of"K" Street was given and Plan No. 10212 was approyed.
05t2ItOl - Resolution ofIntention No. 2001-110 was adopted, setting a Public Hearing.
Recommended Motion:
I. That the public hearing be closed and the findings of fact, as set forth in the Staff Report
from the Director of Development Services, as to why a portion of 3'd Street, West of
Kendall A venue, East of "K" Street is no longer necessary for public street purposes, be
adopted.
AND
cr-.tf~
2.
Adopt Resolution.
Contact person:
EILEEN GOMEZ
Phone:
5328
Supporting data attached:
Staff Report! Mapst
KeSOlUtlon
Ward:
I
FUNDING REQUIREMENTS: Amount: $1,000.00
Source: (Acct. No,)
001-182-5011-0000
(Acct Oe.cription) Real Property Salaries
Finance:
Council Notes:
Agenda Item No.
,-
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--,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing for 10:00 a.m. and Resolution Ordering Vacation - a portion of 3'd Street, West
of Kendall Avenue, East of"K" Street.
BACKGROUND:
On March 19, 200 I, staff was authorized to proceed with the proposed vacation and Plan No.
10212 was approved, City departments, utility companies and all adjacent 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 Charter Communications submitted requests to reserve easements for their
existing facilities, which will be reserved in the Resolution of Intention and will be reserved in
the attached Resolution Ordering Vacation.
On May 21, 2001, Resolution ofIntention No. 2001-110 was adopted, setting a public hearing
for June 18,2001. Notices were posted along the area proposed for vacation and published in
the San Bernardino County Sun newspaper. Adjacent property owners were also notified of the
public hearing by mail.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and we recommend the vacation based on the following facts:
The Director of Development Services has determined that the proposed vacation is of no
further necessity to the general public,
2. A finding of consistency with the General Plan was made.
I.
3. There have been no objections by any adjoining property owners.
4. All of the City departments and public utility companies were notified of the proposal,
Responses were received and no conflicts were noted. Easements across the area to be
vacated will be reserved in the Resolution Ordering Vacation for the City Water
Department and Charter Communications,
FINANCIAL IMPACT:
Pursuant to the Construction and Maintenance Agreement dated November 20, 2000, between
the City and the Southern California Regional Rail Authority (SCRRA), $1,000 processing fee
(for staff time and administrative cost incurred by the department for processing this item), will
be waived,
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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Portion of 3rd Street to be
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VICINITY MAP
CITY OF SAN BERNARDINO
JEVELOPMENT SERVICES DEPARTMENT
r-. REAL PROPERTY SECTION.
~ indicates un-incorporated areas
~ within Cit 's 5 here of Influence
:i1e No.: I~ ~- ~Sl
Proposed vacation of 0 portion of
3rd Street, between Kendall
Avenue and ilK" Street
Created by:).. H~
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** FOR OFFICE USE ONLY. NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): (,.,- , 'i -0 I Item #
Vote: Ayes 1-, Nays~
Change to motion to amend original documents:
3S Resolution #
Abstain -B--
LeO\ - ISZ
Absent -0
Reso, # On Attachments: /' Contract term: -
Note on Resolution of Attachment stored separately: -==--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After:
By: ~
Date Sent to Mayor: (., - 2.0 -0 \
Date of Mayor's Signature: G,- LI:-<J \
Date of Clerk/CDC Signature: (0- IT'D \
Reso. Log Updated: ,/
Seal Impressed:
Date Memo/Letter
or Signature;
See Attached:
See Attached:
See hed:
Date Returned: -
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):
Yes ./ No By
Yes No ./ By
Yes No V By
Yes No V By
Yes N07 By
Copies Distributed to:
City Attorney /'
Parks & Rec,
Police
Public Services
Water
Others:
Finance /'" MIS
W FoGA&S7
Code Compliance
Dev. Services
/'
EDA
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: ..frl:L-
Date: C, I;)~ I nl
. J
Revised 01/12/0 I