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Home My WebLink About43-Public Works CiTY OF SAN BERhARDIN File No. 15.30-284 REQUEST "OR COUNCIL ACTION From: ROGER G. HARDGRAVE, Director -.., ,.... r- .,-. . I ~__: ~. ~- -SUbject: -Street Vacation and Protest Hearing 10:00 A.K.,' ~nd Resolution Ordering Vacation of the remainder of "J" Street North of Oak Street, and South of area previously va- cated South of Lytle Creek Channel Dept: Publ ic WorksjEngineering Date: March 26. 1990 Synopsis of Previous Council action: 09/06/89 12/18/69 Authorization to proceed was given. and Plan No. 7661 was approved. Negative Declaration was adopted and a finding of consistency with the General Plan was made. 03/19/90 --- Resolution of Intention No. 90-69 was adopted, which sets a public hearing date of 04/16/90 for the proposed vacation of the remaining portion of "J" Street. North of Oak Street and South of the area previously vacated South of Lytle Creek Channel, per attached Plan No. 7661. Recommended motion: 1. That the hearing be closed and the Findings of Fact as set forth in the Staff Report from Roger G. Hardgrave. Director of Public Works/City Engineer as to why that remaining portion of "J" Street North of Oak Street and South of the previously vacated area South of the Lytle Creek Channel, is no longer necessary for street purposes, be adopted. cc: Marshall Julian. City Administrator Andrew Green. Director of Finance Jim Richardson, Deputy City Administrator James Penman. City Attorney 2. Adopt Resolution. ~ Anne DeBolt 5326 Contact person: Phone: Staff Report, Resolution. Map Supporting data attached: 3 Ward: FUNDING REOUIREMENTS: Wages on W. O. 1266 Amount: Source: (Acct. No.1 001-302-53157 -, Finance: I Acct. Descri tion Street Vacation Council Notes: 03/26/90 Aoenda Item No. .q3 - CITY OF SAN BER~RDINO - REQUEST P-')R COUNCIL ACTION STAFF REPORT A request was received by this office to vacate the remaining portion of "J" street, North of Oak street and South of that portion of "J" Street previously vacated (Resolution No. 89-181 ordering the vacation was recorded June 29, 1989; Document No. 89-236238, also see File No. 15.30-256). The previously vacated portion lies South of the Lytle Creek Channel and North of Oak Street. The adjacent property owners are in agreement with the vacation of the remaining portion. . On 09/06/89. authorization was given to proceed with the proposed vacation, and Plan No. 7881 was approved. Utility companies and City departments were 10/03/89, with a reply due by 11/03/89. Easements were retained for sanitary sewer and California Edison. notified of the proposed vacation on No negative comments were received. appurtenant facilities and for Southern On 12/18/89, a Negative Declaration was adopted for the proposed vacation, and a finding of consistency with the General Plan was made. On 03/19/90. Resolution of Intention No. 90-89 was adopted. reserving easements for public utilities and sanitary sewer. over the area of the vacation. That resolution sets a public hearing date of 04/16/90. On 03/28/90. the Resolution of Intention was published in a local newspaper. Notices were posted in the area proposed for vacation, and all property owners adjacent to the proposed vacation were notified of said hearing. There appears to be no further necessity for that portion of "J" Street. North of Oak Street and South of the portion previously vacated South of the Lytle Creek Channel. for present or future street purposes. Staff recommends the vacation on the basis of the following Findings of Fact: 1. The above portion of the street has been determined by the Department of Public Works to be of no further necessity to the general public: a) Negative Declaration was adopted. and a finding of consistency with the General Plan was made. b) Traffic flow does not warrant a street in this area. 2. All of the adjoining property owners have agreed with the proceedings and the required $400.00 fee has been paid. 3. All of the concerned City Departments and Utility Companies were notified of the proposal and all have had the opportunity to respond. A reservation of an easement for Public Utilities has been reserved over the area of the proposed vacation. along with an easement for sanitary sewer and appurtenant facilities, and the same has been provided for in the Resolution of Intention. No special requirements have been placed upon the proponents relative to the proceedings which would require an inspection of the area prior to the adoption of the Resolution Ordering Vacation. Therefore, we have attached the said Resolution Ordering Vacation for your action. 03/26/90 75-0264 - I ~ ~VTLE -.--- @ CRE!ts .. '~."'."'I_'" SCWOOL ...~- -. - "-- ~ "- &.:.-.. ----- . . .... - ~ .. " )lT1 - -.~ ::t-.. --..:..-." - --- -~:"'~-'':':- -.... '.._ ;.\!~l~f> '~.:\~'~~r ..,.... ...-:<.. "~. ~ ....... . .... " II I 14 1~ I 1'':' " aUHKlta , _, .t ... -.... -..,... .~ I -- -- -."~-- - t - - _1--- ~~ I . , ,. I a I" :0 ~ , I , I _.......~. ._--=r........ t , '. ~ - - '... - - .. .. - -t - - - - . :" , I ~. ~ .... ! ....-IL-..L_ '- It: 'T'QACT- 19'. . 4 ~ ~ I 2 ~ "" - I ~ . ---.--.. MIL ....... , r-:=rmr:rn '+-&f-- oz.s ., 'VI'_ a ~ 5'-' . L I ....~ . I - .4 ..... IS 1l" ~ ~ = ~ " , ~ t'I 671 rr CITY OF SAN BERNARDINO PUBLIC HORKS DEPARTMENT ENGINEERING DIVISION REAL PROPERTY SECTION D OR OF Pr.p.r.d tllll Ch.ck.d tlll I DATE I .AU(irU.5T I b AREA VACATED SHOWN ~"w~4 STREET I ALLEY VACRION I RE~lAINDER OF "J" STREET. BETWEEN OAK ST. AND LYTLE CREEK CHANNEL FILE NO.1 15.30-284 PLAN NO.1 g 'iI .1. 3-26-90 . <--- . 03/26/90 1 2 3 4 5 6 7 8 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF THE REMAINDER OF "J" STREET, NORTH OF OAK STREET AND SOUTH OF THAT PORTION PREVIOUSLY VACATED SOUTH OF THE LYTLE CREEK CHANNEL, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT FACILITIES, AND A PUBLIC UTILITY EASEMENT THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I: The Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed 9 vacation of that portion of "J" Street, North of Oak Street and South of 10 that portion previously vacated South of the Lytle Creek Channel, and more 11 particularly described in City Resolution of Intention No. 90-69, hereby 12 find from all of the evidence submitted that such street proposed to be 13 vacated by said Resolution is unnecessary for present or prospective street 14 purposes. 15 SECTION 2. The Mayor and Common Council of said City do hereby 16 vacate that portion of "J" Street, North of Oak Street and South of that 17 portion previously vacated South of the Lytle Creek Channel, San 18 Bernardino, California, more particularly described as follows: 19 20 21 22 23 24 25 26 27 28 That portion of "J" Street, 55.00 feet wide, in the City of San Bernardino, County ot San Bernardino, State of California, described as follows: Beginning at the Southwest corner of Lot 15 of Tract No. 1999, Bunker Hill Park, as per map recorded in Book 29 of Maps, Page 23, in the office of the County Recorder of said County, said point also being the East line of said "J" Street, as delineated on the map of said Tract; thence North, along said East line, to the Northwest corner of said Lot 15; thence West along the prolongation of the North line of said Lot 15 to a point on the West line of said "J" Street, as dedicated by a document recorded July 23, 1965, in Book 6462, Page 61, Official Records of said County; thence South along said West line to the North line of Lot 12, Block 13, Rancho San Bernardino, as per plat recorded in Book 7 of Maps, Page 2, in the office of the County Recorder of said County, to said West line of said "J" Street as dedicated by a document recorded August 24, 1953 in Book 3230, Page 216, Official Records of 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 03/26/90 STREET VACATIOtJ: PORTION OF "J" STREET, NORTH or ')AI( STREET, AND SOUTH OF LYTLE CREEK CHANNEL said County, to its point of intersection with the Westerly prolongation of the the South line of said Lot 15; thence East, along said prolongation, a distance of 55.00 feet, more or less, to the Point of Beginning. And is also described in said Resolution of Intention No. 90-89. SECTION 3. Nothing in this Resolution'shall in any way affect or disturb any existing easements for sanitary sewer and appurtenant facilities, and an easement 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, an easement in, over, under and across the proposed area of vacation, for sanitary sewer and appurtenant facilities, including the right of egress and ingress thereto; and there is also specifically reserved for Southern California Edison Company, an easement to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground communication structures and electrical transmission structures as the company may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances, including the right of ingress and egress thereto. SECTION 4. The City Clerk of the City of San Bernardino shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of the County of San Bernardino. / / / / / / / I I / / / / I 2 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 03/26/90 STREET VACATI0". PORTION OF "J" STREET, NORTH r OAK STREET, AND SOUTH OF LYTLE CREEK CHANNEL I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 19_____, by the following vote, to-wit: AYES: Counci 1 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: /? ,~"'- 3