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File No. 15.30-292
.err.... SAN _NARDI". RAuUT FOR COUNCIIltACTION
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C.om:ROGER G. HARDGRAVE. Dlrector .,,-v -. "'-"'''su&jiCt: street Vacation: Resolution Onlering
'.f . - Vacation: a portion of 5th Street
IJ8Pt: Public WorksjEngineering :~3} J::: 2 E ". between Dallas Avenue and Meridian Avenue
Dm: June 25. 1990
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Synopsis of Pnvioui 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 IIllde.
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, 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 Engineer. dated
June 12, 1990. as to why that portion of 5th Street is no longer
necessarY for street nurnoses. was adonted.
Recommendld motion:
Adopt Resolution
cc: Marshall Julian, City Adllinistrator
Andrew Green. Director of Finance
Jues PeDllllD, City Attorney
Anne DeBo I t
5328
Contect penon:
Phone:
001-302-53157
Source: IAcct. No.1
IAcct. DescriDtionl
street Vacation
Fin8llCl: ~ t).
nei! Notes:
06/25/90
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CITY. SAN _NARDlN" R"'IIST FOR COUNCILe.c-rION
STAFF REPORT
Staff received a request fro. Mr. Hsu Hao-Shih, the owner of property located on 5th
Street. between Dallas Avenue end Meridian Avenue. This portion of 5th street
separates two areas of Mr. Hsu's property which 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 companies and City departments 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 03/19/90, a Negative Declaration was adopted for the proposed vacation, and a
finding of consistency with the General Plan was aade.
On 04/03/90, Resolution of Intention No. 90-174 was adopted, reserving an ease.ent for
sanitary sewer and appurtenant facilities. That resolution sets a public hearing date
of 06/18/90. On OS/25/90, 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.
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 and Meridian 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
reco..ends. the vacation. Therefore, we have attached the said Resolution Orderin~
Vacation for your action. -
75-0264
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6-25-90
CITY OF SAN BERNARDINO
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF A PORTION OF 5TI1 STREET BETWEEN DALLAS AVENUE AND KERIDIAN AVENUE. IN THE
CITY OF SAN BERNo\RDINO AHD RESERVING AN EASEMENT FOR SANITARY SEWER AND
APPURTENANT FACILITIES THEREIN.
BE IT RESOLVED BY THE MAYOR AND COHHON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOUOWS:
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, more particularly described in City Resolution of Intention No.
90-174, hereby find from 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 Mayor and Co..on Council of said City do hereby
14 vacate 5th Street. between Dallas Avenue and Meridian Avenue. San
Bernardino. California. more 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 Maps.
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. 4 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 the 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
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06/25/90
STREET VACATION:
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PORTION 05TH So BETWEEN DALLAS AND MERIDIAN (5NUES
facilities or any easement or public utility purposes belonging either to
the City of San Bernardino, or to any public utility, and there is hereQy
reserved for this City, an easllllent reasonably necessary to locate such
sanitary sewer facilities in, over, under, or across the real property
herein above described, and to use, .aintain, repair, replace or renew such
facilities.
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.
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06/25/90
STREET VACATION: PORTION 05TIi So BETWEEN DALLAS AND MERIDIAN tJNUES
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Kayor and Co_on Council of the City of San Bernardino at a
meeting thereof held on the
day
of
. 1990. by the following vote, to-wit:
COUNCIL KEKBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
ItAUDSLEY
KINOR
POPE-LUDLAIt
KILLER
City Clerk
The foregoing resolution is hereby approved this
day of
. 1990.
W. R. Holcoab, Kayor
City of San Bernardino
Approved as to foI'll
and legal content:
J_s F. Pe_
City Attorney
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6-25-90
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