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. File No. 15.30-268
CIT. SAN BmlNARDI'" R"UBST FOR COUNCII8umoN
From: ROGER G. HARDGRAVE, Director
Public Works /Engineering
,:"olPt:
Subject:
Street Vacation --- Protest Hearing
10:00 am and Resolution Ordering
Vacation :ptn. of Lugo Ave., North
of 4th Street
June 25. 1990
Om:
Synopsis of Prwious Council ection:
09-18-89 --- Authorization to proceed was given. and Plan No. 7531 was approved.
05-07-90 -- Negative Declaration was adopted and a Finding of consistency
with the circulation element of the general plan was aade.
06-18-90 --- Resolution of Intention No.90-232 was adopted. which sus -."a
public hearing date of July 16, 1990 for the proposed v.Patlon
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per attached Plan No. 7531. t _ '::'
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Recommenclld motion:,
1. That the hearing be closed and the Findings of Fact as set forth in the Staff
Report fro. Roger G. llardtrave, Director of Public Works/City ~neer as to
why a portion of Lugo Avenue, North of 4th Street, is no longer necessary
for street purposes, be adopted.
2. Adopt Resolution.
cc: Marshall Julian, City AdIlinistrator
Jues Peu.an, City Attornev
Contac:t penon: Les Fogassy
Supporting dlIt8 otlllChed: Staff Report. Resol ution. Man
Phone:
."1334
Werd:
1
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. OescriDtionl
Finance:
ICU Notlll:
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CITY -= SAN IIBRNARDIN. R....ST FOR COUNCIL~ION
STAFF REPORT
Upon receiviDi a request from 927. of the adjoiniDi owners to vacate a portion of
Lugo Avenue, North of 4th Street , authorization was given to proceed with the
proposed vacation and Plan No. 7531 was approved.
utility co~ies and City departaent were notified of the proposed vacation.
On Hay 7, 1990, a Negative Declaration was adopted for the proposed vacation, and a
findiDi of consistency with the circulation e1e.ent of the general plan was ~e.
On June 18, 1990, Resolution of Intention No. 90-232 was adopted, reserviq ell8e.uta
for public utilities and for sanitary sewer. That resolution set a public heariDi date
of July 16, 1990. The Resolution of Intention was published in a local newspaper,
Notices were posted in the area proposed for vacation, and property owners adjacent to
the proposed vacation were notified of said heariDi.
There appears to be no further necessity for this portion of Lugo Avenue, North of 4th
Street, either for present or future street purposes. Staff reco_nd the vacation
on the .basis of the following Findings of Fact:
1. The above portion of the street has been detertined by the Department of Public
Works to be of no further necessity to the general public:
a) Negative Declaration was adopted.
b) Traffic flow does not warrant a through street in this area. A cul-de-sac will
be constructed just north of the area proposed for vacation, prior to the
recordiDi of the Resolution OrderiDi vacation.
2. 927. of the adjoiniDi property owners have requested the proceediDis and the
required $400.00 fee has been paid.
a) By virtue of the lIllil iDi , postiDi and publication of the proposal, neither
this office nor the City Clerk's office has received any written protests
against the vacation as of this date.
3. All of the interested City Departaents and utility Co~ies were notified of the
proposal and all have had the opportunity to respond. A reservation of an easDent
for sanitary sewer and appurtenant facilities, and a Public utilities
easnent, was requested and the s_e has been provided for in the Resolution of
Intention.
Prior to the recordiDi of the Resolution OrderiDi Vacation, the proponents of the
vacation will be required to grant to the City the necessary ease.ent for the
construction of a cul-de-sac, just north of the area proposed for vacation, and to
construct Slllle to City standards.
6-25-90
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~E~ VACATID IHONM THUS
C-2~-'1t
PLAN NO.1 1511
CITY OF SAN BERNARDINO
PU,IIlI ~ MC:I!!I!ua D_ MTMENT
.I.p ,..'Qt. DlYlIIICIN
..1iAL "Mo' ".j .1 v .__, ION
., liT / M.LIEY YACRJDN ,
PORTION OF LUGO AVENUE, NORTH
OF 4TH STREET
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
A PORTION OF WOO AVENUE, NORTH OF 4TH STREET, IN THE CITY OF SAN llEllHARDINO
AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT
FACILITIES, AND FOR PUBLIC UTILITY PURPOSES THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor lIDd Co.on Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of a portion of Lugo Avenue. North of 4th Street, .ore
particularly described in City Resolution of Intention No. 90-232. hereby
find fro. all of the evidence sutBitted that such street proposed to be
vacated by said Resolution is unnecessary for present.or prospective street
purposes.
SECTION 2. The Mayor lIDd Co.on Council of said City do hereby
14 vacate a portion of Lugo Avenue, North of 4th street, San Bernardino,
California, .ore particularly described as follows:
That portion of Lugo Avenue, 50 feet wide, as shown on
~p of the ~ended Baldridge Subdivision, in the City of
San Bernardino, County of San Bernardino, State of
California. as per ~p recorded in Book 17 of Maps, page
38. records of said County. described as follows:
Beginning at a point on the East line of said Lugo
Avenue. said point being Southerly thereon a distance of
122.53 feet from the Northwest corner of Lot 23 of said
~nded B4ldridge Subdivision. said point also being the
beginning of a non-tangent curve , concave to the
Northeast lIDd baving a radius of 47.00 feet. a radial
line from said point bears North 03' 39' 35" West;
thence Westerly and Northerly. along said curve. through
a central angle of 93' 39' 35", a distance of 76.83 feet
to the West line of said Lugo Avenue; thence South.
along said West line, a distance of 315.94 feet to the
Southeast corner of Lot 4 of said Amended Baldridge
Subdivision; thence North 89' 56' East. a distance of
50.00 feet to the Southwest corner of Lot 3 of said
~ended Baldridge Subdivision. said point also being the
East line of said Lugo Avenue; thence North. along said
East line, a distance of 268.98 feet. more or less. to
the Point of Beginning.
And is also described in said Resolution of Intention No. 90-232.
06-26-90
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!<J>.SU.l.UHUN UltillilUNu THE VACATION OF" A PORTION OF LUGO AVENUE.
4TH STREET. . 0
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NORTH OF
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1 SECTION 3. Nothing in this Resolution shall in any way affect
2 or disturb any existing easements for sanitary sewer and appurtenant
3 facilities and for public utility purposes belonging either to the
4 City of San Bernardino or to any public utility and there is hereby
5 reserved for future general public utility purposes and for this City an
6 easeaent reasonably necessary to locate such sanitary sewer and public
7 utility facilities over, in. under or across the real property
8 hereinabove described and to use. maintain, repair. replace or renew
9 such facilities and there is hereby specifically reserved. easeaents for
10 General Telephone and Southern California Edison to construct, place.
11 operate. inspect. maintain. repair. replace and remove such aerial and
12 underground telephone, telegraph and communication structures and electrical
13 transmission structures respectively, as the companies may from time to time
14 require. consisting of poles, anchors. wires, cables, conduits. manholes,
15 markers and necessary fixtures and appurtenances.
16 SECTION 4. Tbe City Clerk of the City of San Bernardino shall
17 cause a certified copy of this resolution to be recorded in the office of
18 the County Recorder of the County of San Bernardino.
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06-26-90
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lW>ULUHUN U1illi:.ltlNb TliE VACATION OF' A PORTION OF LUGO AVENUE,
4TH STREET.
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NORTH OF
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1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Co_on Council of the City of San Bernardino at a
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aeeting thereof held on the
, 19_, by the following vote, to-wit:
day
of
Council Meabers:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYES
ABSTAIN
, 19_
City Clerk
The foregoing resolution is hereby approved this
Approved as to fora
and legal content:
JAMES F. PENMAN,
c#~
By: ~ 7.
06-26-90
day of
W . R. 1IOLC0flB) Mayor
City of San Bernardino
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AR~A To .~
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ARlIl UACATlD INO.... TNUI
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CITY at SAM BERM,.aDINO
"'_11;. ~rrrl" E.~ "l"...IBIT
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... T I ... I n VACAUDN I
PORTION OF LUGO AVENUE, NORTH
OF 4TH STREET
'LM NO.1 7 "
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