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Home My WebLink About30-Public Works ~ , ---, I III . ~'TY: OF SAN BER'W'DINO - REQUEST "R COUNCIL ACTION From: ROGER G. HARDGRAVE. Director Subject: Street Vacation and Protest Hearing 10:00 am and Resolution Ordering Vacation: a portion of a North/South "paper" street and the remainder of an East/West alley, South of Highland Ave.. West of Valaria Drive Dept: Public Works/Engineering Date: February 10, 1992 Synopsis of Previous Council action: 10/07/91 01/13/92 Authorization to proceed was given, and Plan No. 8574 was approved. Notice of Exemption filed with County Board of Supervisors and a determination of consistency with the General Plan was made. 02/03/92 Resolution of Intention No. 92-31 was adopted. which sets a public hearing date of 03/02/92 for the proposed vacation of a portion of that certain North/South "paper" street and the remainder of the East/West alley lying South of Highland Avenue and West of Valaria Drive per attached Plan No. 6574. 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 a portion of that certain North/South "paper" street and the remainder of the EastjWest alley lying South of Highland Avenue and West of Valaria Drive, are no longer necessary for street purposes, be adopted. 2. Adopt Resolution. cc: Shauna Clark. City Administrator Andrew Green, Director of Finance James F. Penman, Citv Attornev Contact person: Supporting data attached: Staff Report. Resolution, Map Anne DeBolt Phone: 5326 Ward: 4 FUNDING REQUIREMENTS: Amount: Wages on W.O. 1266 Source: (Acct. No.) 001-302-53157 (Acct. Descriotion) Street Vacation Finance: (t ~..J..<),.>- Council Notes: 75-0262 Agenda Item No._.30 1 I ~ I I ~ITY: OF SAN BER"DINO - REQUEST .R COUNCIL ACTION STAFF REPORT Staff received a request from Mr. Virgil Franks. to vacate a portion of the North/South "paper" street and the remainder of the East/West alley lying South of Highland Avenue and West of Valaria Drive. This portion of the "paper" street and the alley lie between Mr. Franks' home and his business. As a portion of the "paper" street lies within the City of Highland, Mr. Ernie Wong. Director of Public Works for the City of Highland was advised of the request prior to the start of the vacation proceedings. The City of Highland had no negative comments concerning the proposed vacation. Authorization was given on 10/07/91. to proceed with the proposed vacation and Plan No. B574 was approved. utility companies and City departments were notified of the proposed vacation on 10/2B/91. with a reply due by 11/27/91. No negative comments were received. On 01/13/92. a Notice of Exemption was filed with the County Board of Supervisors and determination of consistency with the General Plan was made. On 02/03/92, Resolution of Intention No. 92-31 was adopted. reserving an easement for public utility purposes over the entire area of the East/West alley vacation. (No reservations of easements were requested in the North/South portion of the "paper" street.) The Resolution of Intention sets a public hearing date of 03/02/92. On 02/12/92, 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 a portion of that certain North/Soutll "paper" street. nor the remainder of the East/West alley lying South of Highland Avenue and West of Valaria Drive either for present or future street purposes. Staff recommends the vacation on the basis of the following Findings of Fact: 1. The above portions of the street and alley have been determined by the Department of Public Works to be of no further necessity to the general public: a) A Notice of Exemption was filed. and a finding of consistency with the General Plan was made. 2. There have been no objections by any adjoining property owners or by the City of Highland to the above proceedings and the required $750.00 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 entire area of the East/West alley remainder which has been proposed for vacation. 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. 02/10/92 2 75-0264 II III . . H IGo-HLJI~n AVENUE -- ~- ~ CD i~ ~I .90AC ci . 14\ u'l I 1;;1 I I ---3L~_uw ~ I I i .0- (STATE _ I. ,..,/ '" ... ~ " ~ o 'ri . 8 5.UAC. POIt. ILIC 2 , .r-/I-/_ y/ 2 (!) I 5.82 AC. MIl. I ______--1_ 4<<<> AI2EA OF- ~O'POSEb 'Y AeA'TI ON I> CITY OF SAN BERNARDINO PUBLIC HORKS DEPAR I lENT ENGINEERING DIVISION REAL. PROPE", I V SECTION ~ STREET I ALLEV VACM'IDN I 'P4:" "'IS "PAPEe, ~eET" SOl.(. TH OF H IGlUAI.J1:) AilE., wer OF VIU.AIUA l)e. NDRrH lJ, 3D PL"" "0.1 fS57 Requested by and when recorded mail to: Citv Clerk, caHall . 300 North "D" eet San Bernardino. CA 92418 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN NORTH/SOUTH "PAPER" STREET, AND THE REMAINDER OF THE EAST/WEST ALLEY, LYING SOUTH OF HIGHLAND AVENUE AND WEST OF VALARIA DRIVE, AND RESERVING AN EASEMENT 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 and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of a portion of the North/South "paper" street, and the remainder of the East/West alley lying South of Highland Avenue and West of Valaria Drive, more particularly described in City Resolution of Intention No. 92- 31, 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 Common Council of said City do hereby vacate a portion of the North/South "paper" street, and the remainder of the East/West alley lying South of Highland Avenue and West of Val aria Drive in San Bernardino, California, more particularly described as follows: A portion of that certain street and alley as delineated on the Map of Tract No. 3996 as per plat thereof recorded in Book 52 of Maps, Page 64, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the Northeast corner of Lot 2 of said Tract No. 3996; thence West along the North line of said Lot 2, to the Northwest corner thereof; thence South along the West line of said Lot 2 to the Southwest corner thereof; thence West along the Westerly prolongation of the South line of said Lot 2 to a point in a line which is parallel with and 41.25 feet West of the West line of said Lot 2; thence North along said parallel line to a point in the South line of that certain vacated street and alley as 02/10/92 1 02/10/92 I I III STREET AND ALLEY VACATION: PORTION OF A NORTH/SOUTH "PAPER" STREET AND Tva REMAINDER OF THE EAST /'IiEST AL. LYING SOUTH OF HIGHLA~VENUE AND WEST OF VALARIA DRI 1 2 3 4 5 6 7 8 vacated by the City of San Bernardino. May 26. 1969. bv Resolution No. 9847; thence East along said South line to the West line of Valaria Drive. 60 feet wide. as delineated on the Map of said Tract 3996; thence South along the Southerly prolongation of said West line to the Northeast corner of said Lot 2 and the Point of Beginning. And is also described in said Resolution of Intention No. 92-31. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility and there is 9 hereby specifically reserved for Southern California Edison over the entire 10 area of the remaining 10.00 foot wide East/West alley portion of the subject 11 vacation, an easement to construct, place, operate, inspect. maintain. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 repair, replace, and remove such aerial and underground 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, and said easement shall include rights of ingress and egress. 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 Clerk of San Bernardino County. / / / / / / / / / / / / / / / / / / 2 - II III STREET AND ALLEY VACATION: PORTION OF A NORTH/SOUTH "PAPER" STREET AND T~REMAINDER OF THE EAST/WEST AL. LYING SOUTH OF HIGHLA~VENL~ AND WEST OF VALARIA DRI . I HEREBY CERTIFY that the foregoing resolution was duly adopted bv the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 1992, by the following vote, to-wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT -- ESTRADA -- ----- REILLY ---- ----- HERNANDEZ ---- ------ MAUDSLEY ---- ----- MINOR ---- ----- POPE-LUDLAM ---- --- MILLER ---- ----- Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day. of , 1992. W. R. Holcomb. Mayor City of San Bernardino Approved as to form and legal content: 25 26 27 28 ~-' } James F. Penman, City Attorney ) /~"""..... 02/10/92 3