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HomeMy WebLinkAbout2026-0170300C�rQ4 /-f l(cw RECORDING REQUESTED BY City of San Bernardino AND WHEN RECORDED MAIL DOCUMENT TO: NAME City of San Bernardino STREET ADDRESS 290 N D St ZIP CODECITY,STATE& CODETEB San Bernardino, CA 92401 Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2026-0170300 07/02/2026 Titles: 1 Pages: 10 02:23 PM SAN Fees $0.00 Taxes $0.00 K7211 CA SB2 Fee $0.00 Total $0.00 SPACE ABOVE FOR RECORDER'S USE ONLY Resolution No. 2026-045 (Please fill in document title(s) on this line) THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) DOC #2026-0170300 Page 2 of 10 STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Telicia Lopez, City Clerk, do herby certify that the foregoing and attached copy of the City of San Bernardino Resolution No. 2026-045 is a full, true, and correct copy of that now on file in the Office of the City Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 18th day of June, 2026. - icia Lope ity Clerk DOC #2026-0170300 Page 3 of 10 Resolution No. 2026-045 RESOLUTION NO. 2026-045 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF VICTORIA AVENUE ALSO KNOWN AS SAN MANUEL BOULEVARD, AND THE RESERVATION OF UTILITIES THEREIN. WHEREAS, the Economic Development Department previously received a petition to vacate a portion of Victoria Avenue also known as San Manuel Boulevard, north of East Lynwood Drive; and WHEREAS, on December 3, 2025, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on December 4, 2025, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, informing them of the proposed street vacation; and WHEREAS, San Manuel Boulevard, including the vacated street, provides critical ingress and egress to and from the San Manuel Reservation of the Yuhaaviatam' of San Manuel Nation's ("Nation"), allowing citizens, visitors and emergency service providers access to the Reservation; and WHEREAS, the City hereby reserves and excepts from such vacation a perpetual easement over, across, and upon the vacated area for emergency ingress and egress purposes, including but not limited to access by police, fire, emergency medical services, and other public safety or utility vehicles as determined necessary by the City; and WHEREAS, maintaining traffic flow on Victoria Avenue also known as San Manuel Boulevard, including the vacated street, is essential for public safety, including timely emergency response and evacuation and the orderly movement of vehicular traffic entering and exiting the San Manuel Reservation; and WHEREAS, the vacation of the public street is made subject to a reservation of a non- exclusive easement over, under, and across the vacated area (the "Easement Area") in favor of East Valley Water District (EVWD), its successors and assigns, for the sole purpose of constructing, installing, operating, inspecting, maintaining, repairing, replacing, and removing the existing water and sewer gas pipelines and all necessary appurtenances subject to the following: 1. EVWD shall conduct activities within the Easement Area in a manner that (a) reduces to the fullest extent possible the impact to the ingress and egress to and from the San Manuel Reservation and access to the Yaamava' Resort and Casino facilities, including the parking garages, (b) protects public safety, (c) minimizes congestion, and (d) supports the uninterrupted flow of vehicular traffic to, from, and within the San Manuel Reservation; Resolution No. 2026-045 May 20, 2026 Page 1 of 5 DOC #2026-0170300 Page 4 of 10 Resolution No. 2026-045 2. EVWD shall provide 30 -day notice to the Nation prior to conducting any activities in the Easement Area with the exception of a public safety emergency where EVWD shall provide advance notice as soon as reasonably feasible; 3. EVWD shall consult with the Nation prior to conducting any planned activities in the Easement Area and agree upon a traffic control plan and the date, time and manner to conduct the activities; and 4. Within 60 days of the approval of the vacation of the street, EVWD shall enter into an agreement with the Nation that includes the provisions above and sets forth the terms and conditions governing EVWD's use of the Easement Area. If such agreement takes the form of a recorded easement, such easement shall replace this reservation of rights upon recordation; and WHEREAS, the vacation of the public street is made subject to a reservation of a non- exclusive easement over, under, and across the vacated area (the "Easement Area") in favor of SoCal Gas Company, its successors and assigns, for the sole purpose of constructing, installing, operating, inspecting, maintaining, repairing, replacing, and removing the existing gas pipelines and all necessary appurtenances subject to the following: SoCal Gas Company shall conduct activities within the Easement Area in a manner that, to the extent reasonably possible, (a) reduces the impact to the ingress and egress to and from the San Manuel Reservation and access to the Yaamava' Resort and Casino facilities, including the parking garages, (b) protects public safety, (c) minimizes congestion, and (d) supports the uninterrupted flow of vehicular traffic to, from, and within the San Manuel Reservation; 2. SoCal Gas Company shall provide 30 -day notice to the Nation prior to conducting any activities in the Easement Area with the exception of a public safety emergency where SoCal Gas Company shall provide advance notice as soon as reasonably feasible; 3. SoCal Gas Company shall consult with the Nation prior to conducting any activities in the Easement Area (with the exception of a public safety emergency) and agree upon a traffic control plan and the date, time and manner to conduct the activities; and 4. Within 60 days of the approval of the vacation of the street, SoCal Gas Company shall endeavor to enter into a mutually acceptable agreement with the Nation that includes the provisions above and sets forth the terms and conditions governing SoCal Gas Company's use of the Easement Area. If such agreement takes the form of a recorded easement, such easement shall replace this reservation of rights upon recordation; and WHEREAS, on February 10, 2026, the Planning Commission adopted Resolution No. 2026 -005 -PC finding the proposed street vacation of a portion of Victoria Avenue also known as Resolution No. 2026-045 May 20, 2026 Page 2 of 5 DOC #2026-0170300 Page 5 of 10 Resolution No. 2026-045 San Manuel Boulevard, consistent with the City's General Plan and finding that the project is Categorically Exempt under California Environmental Act; and WHEREAS, on March 18, 2026, the Mayor and City Council adopted Resolution No. 2026-025 declaring its intention to conduct a public hearing on May 20, 2026, to order the street vacation; and WHEREAS, on March 23, 2026, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and WHEREAS, on May 20, 2026, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion of Victoria Avenue also known as San Manuel Boulevard, and the reservation of utilities therein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a portion of Victoria Avenue also known as San Manuel Boulevard, elects to proceed in accordance with the provisions of the "Public Streets, Highways and Service Easements Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. The Mayor and City Council of said City do hereby vacate that of a portion of Victoria Avenue also known as San Manuel Boulevard, as described on each of the attached legal descriptions as Exhibit "A", and on each of the maps attached as Exhibit "B". SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Resolution No. 2026-045 May 20, 2026 Page 3 of 5 DOC #2026-0170300 Page 6 of 10 Resolution No. 2026-045 SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of May 2026. Helen Tran, Mayor City of San Bernardino Attest: elicia Lopez, M , City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution No. 2026-045 May 20, 2026 Page 4 of 5 DOC #2026-0170300 Page 7 of 10 Resolution No. 2026-045 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-045, adopted at a regular meeting held on the 20th day of May 2026 by the following vote: Council Members: AYES NAYS RECUSED ABSENT SANCHEZ X IBARRA X FIGUEROA X SHORETT X KNAUS X FLORES X ORTIZ x WITNESS my hand and official seal of the City of San Bernardino this 21St day of May 2026. Resolution No. 2026-045 May 20, 2026 Page 5 of 5 DOC #2026-0170300 Page 8 of 10 EXHIBIT "A" SAN MANUEL BLVD LEGAL DESCRIPTION VACATION THAT PORTION OF SAN MANUEL BLVD (FORMERLY KNOWN AS VICTORIA AVENUE) LYING WITHIN SECTIONS 29 AND 30, TOWNSHIP 1 NORTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP OF WEST HIGHLANDS FIELD IN BOOK 5, PAGE 77 AND TRACT NO. 10500, FILED IN BOOK 155, PAGES 8 THROUGH 10, INCLUSIVE, OF MAPS AND RECORD OF SURVEY 21-00014, ALL IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 170, PAGES 65 THROUGH 67, INCLUSIVE, OF MAPS BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: POINT OF BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID TRACT NO. 10500; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1 FOLLOWING TWO (2) COURSES: 1) SOUTH 00°01'54" WEST 100.78 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 20.00 FEET AND, 2) SOUTHERLY 5.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°20'46", THENCE LEAVING SAID WESTERLY LINE SOUTH 03°45'23" EAST 30.18 FEET; THENCE SOUTH 07°45'49" EAST 39.75 FEET; THENCE SOUTH 09°37'42" EAST 12.62 FEET; THENCE SOUTH 02°58'23" EAST 23.75 FEET; THENCE SOUTH 00°48'04" EAST 13.52 FEET; THENCE SOUTH 00°00'22" EAST 17.95 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 74°04'11" EAST, SAID CURVE ALSO BEING THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 10500; THENCE SOUTHERLY 5.55 FEET ALONG SAID CURVE AND SAID NORTHWESTERLY LINE THROUGH A CENTRAL ANGLE OF 15°53'55'; THENCE LEAVING SAID NORTHWESTERLY LINE ALONG THE WESTERLY LINE OF LOTS 30, 29, 28 AND 27 OF SAID TRACT NO. 10500, SOUTH 00°01'54" WEST 307.74 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LYNWOOD DRIVE BEING 41.25 FEET WIDE; THENCE ALONG SAID PROLONGATION SOUTH 89°32'27" WEST 44.00 FEET TO THE EASTERLY LINE OF SAID SECTION 30; THENCE CONTINUING ALONG SAID PROLONGATION SOUTH 89°32'27" WEST 41.25 FEET TO A LINE BEING PARALLEL WITH AND 41.25 FEET WESTERLY OF EASTERLY LINE OF SAID SECTION 30 ALSO BEING CENTERLINE OF SAN MANUEL BLVD (FORMERLY KNOWN AS VICTORIA AVENUE); THENCE ALONG SAID PARALLEL LINE NORTH 00°01'54" EAST 557.55 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID PROLONGATION SOUTH 89°55'01" EAST 41.25 FEET TO SAID EASTERLY LINE OF SECTION 30; THENCE CONTINUING ALONG LAST SAID PROLONGATION SOUTH 89°55'01" EAST 33.00 FEET POINT OF BEGINNING. CONTAINING 1.052 ACRES, MORE OR LESS. Page 1 of 2 DOC #2026-0170300 Page 9 of 10 EXHIBIT "A" SAN MANUEL BLVD LEGAL DESCRIPTION VACATION SUBJECT TO ALL EXISTING CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATION, RIGHTS AND RIGHTS OF WAY OF RECORD IF ANY. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. o�p� L AND 10/22/2025 JEFFREYJ. LENHERR DATE a P. L.S. 9305 * NO. 9305 �T�It CF CAL�FC��\� Page 2 of 2 DOC #2026-0170300 Page 10 of 10 SHEET 1 OF I k EXHIBIT "B" I I STREET VACA77ON' ' , RESOLU71ON NO. 2003-69 INST NO. 2003-0181847, O.R. S89 5719"E A--16'20'46" R=20.00' L=5.71' S73 41 '08"W (RAD) LOT 71 SLY LINE LOT 1 0 LOOT 'gO S74 04'11 "E (RAD) R=20.00' L=5.55' W'LY LINE LOT 30 po DETAIL "B" NOT TO SCALE S CT90M s® T �Iyn I G�'MMs l 1p 1.25' 33' 1 NORTHERLY LINE — — LYNW00D DR— ]__L _1'L' S89'32'23 CL LYNWOOD DR- -85..25' -f- - f- r I II 44' � � I GRAPHIC SCALE IN FEET 0 50 100 200 SCALE: 1"= 100' 'm ey>>> Horn 100 TOWN AND COUNTRY ROAD, SUITE 700 ORANGE, CA 92868 PHONE: 714-939-1031 �F OF CA1-\F P.O.B. NWCORLOTI �NOR7HERL Y LINE LOT 1 LINE ESTABLISHED THROUGH o RIGHT OF WAY OF PIEDMONT DR AND SAN MANUEL BL IS BASED ON THE EXIS177NG WALL. SEE DETAIL "A" LOTS v 03 45'23E 30.18' :S07'45'49 E 39.75' ' .�S09 3742"E 12.62' 502'58'23"E 23.75' tS00'48 04 E 13.52' rS00 00'22 E 17.95' 1ETA/L "B" \ C LOT .'O AL I //(�LOMT 29 G//��/��( tl, !l . T YV®O v®c®® LOT 28 NORTH LOT 27 NOTE: THE BASIS OF BEARING FOR THIS EXHIBIT IS THE WESTERLY RIGHT OF WAY OF SAN MANUEL BLVD PER RECORD OF SURVEY 21-00014, R.S.B. 170/65-67 O.R. PREPARED UNDER MY DIRECTION JEFFREY J. LENHERR P.L.S. 9305 DATE: 10/22/2025