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CITY' OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Su bject:
Resolut.ion of Int.ention: Vacat.ion of
Public utility Easement. - rear 5' of
Lots 87-94 & 113-115, Tract No. 2259
South of 25th, West of Miramont.e
Dept:
Public Works/Engineering
Date: October 17, 1994
Synopsis of Previous Council action:
08-01-94 -- Authorization to proceed was given, and Plan No. 9135 was
approved.
08-19-94
Notice of Exemption filed with the County Board of Supervisors
and a finding of consistency with the General Plan was made.
Recommended motion:
Adopt Resolution
cc:
Shauna Clark, City Administrator
Barbara Pachon, Finance Director
James F. Penman, City Attorney
~~ :01. '.>6 DO 02
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:ontact person:
Anne DeBolt
Phone:
5328
;upponing data attached:
staff Revort. Resolution, Plan VVard:
7
FUNDING REQUIREMENTS:
Amount:
Wages on W.O. 1266
Source: (Acct. No.)
001-302-53157
Acct. Descri tion
Vac'ation
Finance:
;ouncil Notes:
Agenda Item NO.----'''
'5.0262
CITY' OF SAN BERNjQDINO - REQUEST FOI COUNCIL ACTION
STAFF REPORT
A request was received by this office to vacate a Puhlic utility Easement lying
across the rear 5 feet of Lots 87 through 94 and Lots 113 through 115 of Tract
No. 2259, lying South of 25th Street and between the 1-215 and Miramonte Street
from Mr. Orville Spears. This request represents 100% of those owners who
adjoin the area proposed for vacation.
On 08-01-94, authorization was given to proceed with the proposed vacation, and
Plan No. 9135 was approved.
All of the interested City
of the proposal on 08-15-94,
attached for your information.
received.
Departments and Utility Companies
with a reply due by 09-12-94. The
No requests for reservation of any
were notified
responses are
easements were
On 08-19-94, a Notice of Exemption was filed with the County Board of Super-
visors, and a finding of consistency with the General Plan was made.
The remaining fee of $500.00 has been paid and it is recommended that favorable
consideration be given to the requested vacation. The Resolution of Intention,
which sets a hearing date of 12-19-94 has been attached for your action also.
Upon the approval of said Resolution, all adjacent property owners will be
notified by mail of the hearing date.
;-0264
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City Department and Utility Company responses relative to the proposed
vacation of a Public Utility Easement across the rear 5 feet of Lots 87
through 94 and Lots 113 through 115, Tract No. 2259, lying on the South side
of 25th Street between the 1-215 and Miramonte Drive.
CITY DEPARTMENTS
OBJECT
----
DO NOT OBJECT
COMMENTS
BUILDING & SAFETY
ECONOMIC DEVELOPMENT
ENGINEERING
FACILITIES MNGMNT
FIRE
PARKS & RECREATION
PLANNING
POLICE
PUBLIC SRVS/REFUSE
PUBLIC SRVS/STREETS
RISK MANAGEMENT
TRAFFIC ENGINEERING
NO RESPONSE
NO RESPONSE
x
X
X
X
NO RESPONSE
NO RESPONSE
X
X
X
X
l1J11-IIL~()~~I.F;~ __llEJ>ERVE__ EASE~N-":~ :
YES NO
COMMENTS
AT & T X
CITY WATER DEPT X
COMCAST CABLE X
CONTINENTAL TELE. X
EAST VALLEY WATER X
GENERAL TELEPHONE NO RESPONSE
MARKS CABLEVISION X
METROPOLITAN WATER X
PACIFIC TELEPHONE NO RESPONSE
SAN BNOO V ALLEY
HUNI WATER DIST NO RESPONSE
SAN GABRIEL VALLEY
HUNI WATER DIST NO RESPONSE
SOUTHERN CALIF EDISON X
SOUTHERN CALIF GAS X
10-17-94
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DIRECTOR OF 'UILIC WORkS /CITV ENGINEER
Prep.red It!ll IJ,' 01 Sheet
Cheelled It!l I 1/ d A
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D~TE 15-.3/.'11 of
AREA VACATED SHOWN THUS
FILE NO.1 . ,8tJ-,
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CITY OF SAN BERNARDINO
~c NaRK. DEPARTMENT
pan-EERINII DJVISICN
REM. P"M1",. V 88CTICN
PUBLIC tiTILI1Y EAS&lENl' - REAR 5 FFX1' OF
wrs 87 'l'HRro;H 94, AND wrs 113 - ill
SOl1IH SIDE OF 25'1H ::.-J:l(t;t;r, BE'lWEEN 1-215
AND NIRAMlNl'E IlUVE
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION
TO ORDER THE VACATION OF A PUBLIC UTILITY EASEMENT ACROSS THE REAR 5 FEET OF
LOTS 87 THROUGH 94 AND LOTS 113 THROUGH 115, TRACT NO. 2259. SAID LOTS LIE
SOUTH OF 25TH STREET BETWEEN 1-215 AND MIRAMONTE DRIVE, IN SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mayor and Common Council of the City of San
Bernardino hereby declare their intention to order the vacation of the
8 Public Utility Easement across the rear 5 feet of Lots 87 through 94 and
9 Lots 113 through 115, Tract No. 2259, described as follows:
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The rear 5.00 feet of Lots 87 through 94 and
through 115, as granted on the map of Tract
recorded in Book 32 of Maps, Page 30, in the
the County Recorder of said County.
Lots 113
No. 2259,
office of
SECTION 2.
That the Mayor and Common Council of the City of San
14 Bernardino, in vacating the above described portion of said Public Utility
15 Easement elect to proceed under and in accordance with the provisions of the
16 "Public Streets, Highways and Services Vacation Law", being Division 9, Part
17 3, of the Streets and Highways Code of the State of California.
18 SECTION 3. That the hour of 10:00 A.M. on the 19th day of Decem-
19 ber, 1994, in the Council Chamber of the City Hall, San Bernardino, Cali-
20 fornia,
be, and the same hereby is fixed as the time and place when and
21 where all persons interested in or objecting to the proposed vacation may
22 appear before said Mayor and Common Counci 1 and offer evidence in
23 relation thereto. For further particulars as to the proposed vacation of
24 the hereinbefore described portion of said Public Utility Easement, refer-
25 ence is made to that map marked "P]an No. 9135" approved August ]9, 1994,
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0/17/94
on file in the office of the City Clerk of said City.
SECTION 4.
That the City Engineer of the City of San Bernardino
is hereby directed to cause Notices of Vacation to be posted as required by
]
VACATION OF PUBLIC UTILITY EASEMENT:
"
,.......
\.,...
REAR 5 FEET OF LOTS 87 THROUGH 94 AND
LOTS 113 THROUGH 115, TRACT NO. 2259
1 the Public Streets, Highways and Services Vacation Law.
2 SECTION 5. That the City Clerk shall certify to the adoption of
3 this Resolution of Intention and shall cause the same to be published once a
4 week for two successive weeks in The Sun, a newspaper published and
5 circulated in the City of San Bernardino, prior to the date of the above
6 public hearing.
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"i\\"l'\lJ.VI"l ur rUDL..1L. UJ.J.L.111 .f..1'\.:>.r.J'U:.I"ll. llLfU( J .rLL:.J ur LVJ,) 01 Inl\UUU'n "10; AI"lU
LOTS 113 THROUGH 115. TRACT NO. 2259
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
day of
meeting thereof held on the
1994. by the following vote. to-wit:
AYES
NAYS
ABSTAIN
ABSENT
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COUNCIL MEMBERS:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAI'I
MILLER
RACHEL CLARK. City Clerk
The foregoing resolution is hereby approved this _______ day
19 of
. 1994.
TOM MINOR. Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN.
City Attorney
)/17/94 3