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Home My WebLink About25-Public Works From: CITe' OF SAN BERNARDI".O - REQUE~:r FOR COUNCIL ACT,SN flEC'D -AOll)," ~~" Subject: Reso'l u't, on 'b'fUfrttenti on: Vacati on of r;~ p~rt2?n ~,f 4,Otll Street and Kendall Drive'- ,(j o..i I ~ ROGER G. HARDGRAVE, Director Dept: Public Works IEngineering Date: October 8, 1987 Synopsis of Previous Council action: 09-08-87 ---Your Honorable Body adopted the Findings of Need for Health and Safety Reasons,Approved Plan No. 7254 and the Director of Public WorkslCity Engineer and the City Clerk were Authorized to proceed with the proposed vacation of a portion of the Northwest corner of 40th Street and Kendall Drive. 09-21-87 ---Your Honorable Body adopted the Negative Declaration and found the proposed vacation consistent with the General Plan. Recommended motion: Adopt Resolution cc: Raymond Schweitzer, City Administrator Warren Knudsen, Director of Finance James Penman, City Attorney Lewis E. Little Phone: 5328 Contact penon: Supporting date attached: Staff Report, Map,Resolution Ward: 5 $200.00 FUNDING REQUIREMENTS: Amount: Source: (ACCT, NO.) 001-000-41787 (ACCT. DESCIUPTION) Vacation filing fees Flnance:tJ~ d/f Council Notes: n.02l2 Agenda Item NA.~ 'CI,c OF SAN BERNARDIO - REQUE(J' FOR COUNCIL ACT~))N STAFF REPORT A request was received to vacate a portion of the Northwest corner of 40th Street and Kendall Drive from the owner who adjoins the portion to be vacated relative to a development. Thi s request represents 100% of those owners who adjoi n the street. At your September 08, 1987 meeting, the Findings of Need for health and safety reasons, for the vacation of a portion of the Northwest corner of 40th Street and Kendall Drive, was adopted and the Director of Public Works/City Engineer and the City Clerk authorized to proceed with the porposed vacation. ~ At your September 21, 1987 meeting, it was found that the proposed vacation was consistent with the general plan, and the negative declaration was adopted. All .of the interested City Department Heads and Utility Companies were notified of the proposal on June 12, 1987 with a reply due by July 10, 1987. The Utility companies have responded and reservations for pulic utility easements was requested. The proponents have been notified by letter on October 7, 1987 of the requested reservation for public utility easments and have responded with notification for us to proceed. The remaining fee of $200.00 will be paid prior to the adoption of the Resolution Ordering Vacation. The Resolution of Intention, which sets a protest date of December 7, 1987, has been attached hereto for your action also. 10-08-87 75-0264 c ,....-.''"' Muscuplobe Rancho ,\1.8. 7/2~ Por. Sections Ib ; 21 T IN. RAW. r, J I '""- ~~ --"( "aD ("0 '"'~ "0< ~ .... +",,( ~ ARE II 70 BE VRCATE D CUI ~,.nT 1 FM. DarA'''') _ ./:S,s'- ~ _/()6'_ '-<- - ~ -tc-~ ~{" S(.~. /"=100' 01 TOR OF PUBLIC W KS IC Prep.red b~t t.~~y' Chec:Ked b~ : /0".':',. ',:. DATE I . AREA VACATED SHOWN THUS WhWhW~& Sheet /Of2 FILE NO.1 10-08-37 ~ I ~\ . -.J ~ 40'11 S1. -~- l)~v~ '" , I'lE, COlt N.W '/4 __ SI!C-J./ I ~ ct. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION REAL PROPERTY SECTION STREET I ALLEY VACATION I PORTION of TN. !J6RTHweST C6RJIER of -10 r.# ST. CllltI I(ENDRLL DR.. ~4""4'" /' ........::,j. .....~~ / ......... 0 e_16J.21" iJ..O'.Z1"C'$. Z. T.. 9.~5' I / L../tJ.#9' I ' \ @bM.OO' ~I /' LJ.66'WZO- I / ~D.U' \~ ~!/~ ,L."I..r I'll /:;1 ~ t:\ I~/ ;'1 \ \V b 7~OO' \..... ~ 11. I~.OO'IO- \ '>:1 r, 889' L~/7.70' c ~., "., I..-.oo/J AREA To BE VACATE. D. ,POINr OF BE6/NAlJNG li!/W ~ / / _ ,/' . .s 60'2S'Or~ ? J:'ENDAi.L - DRIvE DE TA 11.. Pr.p.r.d b!jl I.. Fd~Mn' Ch.cked b~ : _'.<; 1(' ...~... .~. .~ DATE I tJ,~ "t-" AREA VACATED SHOWH THUS EER Sh..t 2.01 ~ W/$$/////H/7~ FILE HO.: tS.J"-1S"'f PLAN HO.: 7t.S'o' 10-08-87 '-.",. ,,,.'/\1 ,.,; s'ffJ 5 'll>' ;p CITY OF SAN BERNARDINO PUBLIC HORKS DEPARTMENT ENGINEERING DIVISION REAL PROPERTY SECTION STREET I ALLEY VACATION I PaR, LO" 0 F 7 }If> JI (JIJ:rN l!:F1s T CtJIlNli-'( "I' 'I~. S~. t1nJ J(ENAI.L DIt. , \..",.... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10-08-37 , .. RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF THE NORTHWEST CORNER OF 40TH STREET AND KENDALL DRIVE AND RESERVING PUBLIC UTILITY EASEMENTS THEREON. 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 hereby declares its intention to order the vacation of a portion of the Northwest corner of 40th Street and Kendall Drive and reserving public utility easements thereof, described as follows: That portion of the Northwest one quarter of Section 21, Township 1 North, Range 4 West, San Bernardino Meridian, as the lines of the Government Survey may be extended across the Rancho Muscupiabe, as per plat therof recorded in Book 7 of Maps, page 2.3, records of the County Recorder of the County of San Bernardino, State of California, described as follows: Commencing at the point of intersection of the Southwesterly line of the San Bernardino Flood Control Channel and the Northerly line of 40th Street, 60 feet wide; thence South 89' 33' 54" flest and parallel with the centerline of said 40th Street, a distance of 233.00 feet to the True Poi nt of Begi nni ng; thence South 00' 21' 00 " East, a distance of 1.86 feet, to the beginning of a 163.21 foot non-tangent curve, concave to the Southeast, a radial from said beginning bears South 30' 14' 58" East; thence Southwesterly, along said curve, through a central angle of 06' 29' 25", an arc distance of 18.49 feet, to the beginning of a 36.00 foot reverse curve, concave to the North, a radial from said beginning bears North 36' 44' 23" West; thence Westerly, along said curve, through a central angle of 66' 19' 20", an arc distance of 41.67 feet, to the beginning of a 78.00 foot reverse curve, concave to the Southwest, a radial from said beginning bears South 29' 34' 57" West; thence Northwesterly, along said curve, through a central angle 13' 00' 10", an arc distance of 17.70 feet, to the begi nni ng of a 78.00 foot reverse curve, concave to the Northeast, a radial from said beginning bears North 16' 34' 47" East; thence Northwesterly, along said curve, through a central angle of 13' 00' 10", an arc distance of 17.70 feet to the intersection of the Northeasterly line of Kendall Drive and the Northerly line of 40th Street; thence North 89' 33' 54" East, along the Northerly line of said 40th Street, a distance of 87.22 feet to the True Point of Beginning. , \. .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1O-08~87 SECTION 2. That the Mayor and Common Counci I of the Ci ty of San Bernardino, in vacating the above described portion of said street ,elects to proceed under and in accordance with the provisions of the "Public Streets, Highways and Services Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 10:00 A.M. on the 7th day of December, 1987, in the Council Chamber of the City Hall, San Bernardino, California, be, and the same hereby 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 of the hereinbefore described portion of said street, reference is made to that certain map marked Plan No. 7254 approved September 8, 1987, on file in the office of the City Clerk of said City. SECTION 4. 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 reserved for future general public utility purposes and public utility facilities over, in, under or across the real property hereinabove described and to use, maintain, repair, replace or renew such facilities. SECTI ON 5. Tha t the Ci ty Eng i neer of the City of Sa n Berna rd i no hereby is directed to cause Notices of Street Vacation to be posted as required by the Public Streets, Highways and Services Vacation Law. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published once a 26 week for two successive weeks in The Sun, a newspaper published and 27 circulated in the City of San Bernardino, prior to the date of the above 28 public hearing. C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10-00"'37 "'.." \......; ~ "./ '. j I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeti ng thereof hel d on the day of , 1987 . by the foll owi ng vote, to-wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of . 1987. Mayor of the City of San Bernardino