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.. . . IJ a File No. 15.30-292
CITY OF SAN ~NOI"fR.Q...-r FbR COUNCIL ACTION
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From:ROG]lR G. HARDGRAVE, Director ..~- "Subject: strJle,t~Vacation: Resolution Ordering
L~J J)i I 4 ;V.a~ti6n; a portion of 5th
Dept: Public Worksf.Engineering street between Dallas Avenue and Heridian
Avenue
DIItI: June 12,1990
Synopsis of Pnvious Council ection:
12/04/89 - Authorization to proceed was given, and Plan No. 7966 was approved.
03/19/90 - Negative Declaration was adopted and a finding of consistency with
the General Plan was _de.
04/03/90 - Resolution of Intention NO. 90-174 was adopted, which sets a
public hearing date of 06/18/90 for the proposed vacation of a
portion of 5th street between DIlllas Avenue and Heridian Avenue,
per attached Plan No. 7966.
06/18/90 -- The hearing was closed and the Findings of Fact as set forth in the
staff Report from the Director of Public Works/City hgineer, dated
06/12/90, as to why that portion of 5th street is no longer
necessary for street purposes, was adopted.
Recommended motion:
Adopt Resolution
cc: Marshall Julian, City AdIIinistrator
Andrew Green. Director of FiDllDce
JUles PellllllD, City Attorney
~
Signature
Phone:
Ward:
1266
5328
Anne DeBolt
ContllCt penon:
. staff Report, Resolution, Map
Supporting cI8ta .tUlChed: .
FUNDING REQUIREMENTS: Amount: Wages on W. O.
3
Sou . (A N I 001-302-53157
rei. _ cct. 0._
street Vacation
(Acct. Descriotionl ,
Finllloa:~ JJ,..J
Council Notes:
06/12/90
75-0262
Agenda Item No
~o
j CITy OF SAN..A..NO - RmUDT a.. COUNCIL ACTION
STAFF REPORT
staff received a request fro. Kr. Hsu Hao-Shih, the owner of property located on 5th
Street, between Dallas Avenue and Meridian Avenue. This portion of 5th street
separates two areas of Kr. Rsu's property l'hich he would like to develop. It is a
"paper street" and does not exist on the ground. No other property owners are
affected by this proposal.
Authorization was given on 12/04/89, to proceed with the proposed vacation and Plan
No. 7966 was approved.
utility co.panies and City departaents were notified of the proposed vacation on
01/12/90, with a reply due by 02/16/90. No negative co_ents were received. On
04/03/90, Resolution of Intention No. 90-174 was adopted reserving an easllllent or
sanitary sewer and appurtenant facilities. That resolution set a public hearing date
of 06/18/90. On OS/25/90. the Resolution of Intention was published in a local
newspeper, Notices were posted in the area proposed for vacation, and all property
owners adjacent to the proposed vacation were notified of said hearing.
On 03/19/90, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the General Plan was _de.
On 06/18/90, a Protest Hearing on the Resolution of Intention was held, the hearing
was closed and the Findings of Fact as set forth in the Staff Report fro. the Director
of Public Works/City Engineer, dated 06/12/90, as to why that portion of 5th Street
between Dallas Avenue and Meridian Avenue. is no longer necessary for street purposes,
was adopted.
There appears to be no further necessity for that portion of 5th Street between Dallas
Avenue and Meridian Avenue, either for present or future street purposes. Staff
recu.aends the vacation. On this basis. we have attached the said Resolution Ordering
Vacation for your action.
75-026<1 06/12/90
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AREA V4IlCATlD SMOWN THUS
CITY OF SAN BERNARDINO
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REAL ..nafL:.nl 'I SECTION
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06/12/90
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO OllDElUNG THE VACATION
OF A PORTION OF sm STREET BETWEEN DALLAS AVIIlUE AND IlERIDIAN AVIIlUE, IN THE
CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT FOR SANITARY SEWER AND
APPURTENANT FACILITIES THEREIN.
BE IT RESOLVED BY THE KAYOR AND COItION COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Co.on Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of a portion of 5th Street between Dallas Avenue and Meridian
Avenue, .ore particularly described in City Resolution of Intention No.
90-174, hereby find fro. all of the evidence submitted that such street
proposed to be vacated by said Resolution is unnecessary for present or
prospective street purposes.
SECTION 2. The !IIlyor and C~on Council of said City do hereby
vacate 5th Street, between Dallas Avenue and Meridian Avenue, San
Bernardino, California, .ore particularly described as follows:
All that portion of Fifth Street, as shown on Parcel Map
No. 2320, as per plat recorded in Book 20 of Parcel !IIlps,
Page 70, in the office of the County Recorder of San
Bernardino County, described as follows:
Co.encing at the Northeast corner of said Parcel No.2;
thence South 00 02' 22" East along the East line of said
Parcel No.2, a distance of 148.00 feet to its
intersection with the North line of said Fifth Street and
the True Point of Beginning; thence South along the East
line of said 5th street, a distance of 56.00 feet to the
South line thereof; thence South 890 49' 20" West along
said South line, a distance of 165.00 feet to the West
line of said Parcel No.2; thence North 00 02' 22" West
along the West line of said 5th Street, a distance of
56.00 feet to tha North line thereof; thence North 890
49' 20" East along said North line, a distance of 165.00
feet to the True Point of Beginning.
And is also described in said Resolution of Intention No. 90-174.
SECTION 3. Nothing in this Resolution shall in any way affect
or disturb any existing easements for sanitary sewer and appurtenant
.;
M
STREET VACATI. PORTION OF sm STREET BETWEEN ~ AND MERIDIAN AVENUES
1 facilities or any easellant or public utility purposes belonging either to
2 the City of San Bernardino, or to any public utility, and there is hereby
3 reserved for this City, an easoent reasonably necessary to locate such
4 sanitary sewer facilities in, over, under, or across the real property
5 herein above described, and to use, lIaintain, repair, replace or renew such
6 facilities.
7 SECTION 4. The City Clerk of the City of San Bernardino shall
8 cause a certified copy of this resolution to be recorded in the office of
9 the County Recorder of the County of San Bernardino.
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06/12/90
STREET VACATI. PORTION OF 5TH STREET BETWEEN OUS AND MERIDIAN AVENUES
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Comon Council of the City of San Bernardino at a
meeting thereof held on the
day
of
. 1990, by the following vote. to-wit:
COUNCIL 1lEHBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
ItAUDSLEY
MINOR
POPE-LlJDLAH
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
. 1990.
W. R. Holeo.b, Mayor
City of San Bernardino
Approved as to fora
and legal content:
Jues F. Penaan
City Attorney
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