HomeMy WebLinkAbout17-Public Works
CI~Y OF SAN BERNJODINO - REQUEST FO COUNCIL ACTION
:rom: ROGER G. HARDGRAVE, Director
Subject:
Street Vacat.ion and Public Hearing
10:00 a.m. and Resolut.ion Ordering
Vacation: Public Utility Easement
rear 5' Lots 87 - 94, & 113 - 115,
Tract No. 2259
)ept:
Public Works/Engineering
late:
November 28, 1994
;ynopsis of Previous Council action:
08/01/94
08/19/94
Authorization to proceed was given, and Plan No. 9135 was approved.
Notice of Exemption filed, and a finding of consistency with the
General Plan was made.
11/21/94
Resolution of Intention No. 94-353 was adopted, which sets a
public hearing date of 12/19/94 for the proposed vacation of Public
Utility Easement over the rear 5 feet of Lots 87 - 94, and Lots 113
115, Tract No. 2259, located on the South side of 25th Street
between 1-215 and Miramonte Drive, as per attached Plan No. 9135.
DMU' . '~F~'lCf,i
DEC 9< ,I: 45
lecommended 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 that certain Public Utility Easement over the rear 5 feet of Lots 87 - 94
and Lots 113 - 115, Tract No. 2259, is no longer necessary for public utility
easement purposes, be adopted.
2. Adopt Resolution.
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Signature
cc: Shauna Clark, City Administrator
Barbara Pachon, Finance Director
James F. Penman, City Attorney
:ontact person:
Anne DeBo 1 t
Phone:
5328
upporting data attached: Staff Report, Resolution, Map
Ward:
7
'UNDING REQUIREMENTS:
Amount: $1,000.00 (prepaid by applicant)
Source: (Acct. No.) 001-302-53157
Acct. Descri tion
Street Vacation
" . F .? ---- _______
Finance:)" /d< I /,{'::--?Z-
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ouncil Notes:
5-0262
Agenda Item No. 17
CITY OF SAN BERN~DINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
staff received a request from both property owners affected by this un-used Public
Utility Easement to vacate that portion over the rear five feet of Lots 87 - 94 and
Lots 113 - liS, Tract No. 2259, lying on the South side of 25th Street and between the
1-215 freeway and Miramonte Drive, in order to make better use of their properties.
Authorization was given on 08/01/94 to proceed with the proposed vacation and Plan No.
9135 was approved.
Utility companies and City departments were notified of the proposed vacation of the
Public utility Easement on 08/15/94, with replies due by 09/12/94. No negative com-
ments or requests for reservation of easements were received,
On 08/19/94, a Notice of Exemption was filed with the County Board of Supervisors for
the proposed vacation, and a finding of consistency with the General Plan was made.
On 11/21/94, Resolution of Intention No. 94-353 was adopted. That resolution sets a
public hearing date of 12/19/94. On 11/30/94 and 12/08/94, the Resolution of Intention
was published in The Sun, Notices were posted in the area proposed for vacation, and
both property owners adjacent to the proposed vacation were notified of said hearing.
As a result of our investigation, we find there is no further necessity for that un-
used Public Utility Easement over the rear 5 feet of Lots 87 - 94 and Lots 113 - liS,
Tract No. 2259, located on the South side of 25th Street and between the 1-215 Freeway
and Miramonte Drive, either for the present or future use by public utilities. Staff
recommends the vacation on the basis of the following Findings of Fact:
1. The above portion of the Public Utility Easement has 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.
b) No public utilities are within the area designated as the "Public utility
Easement II
2. Both of the adjoining property owners have requested the proceedings and the
required $1,000.00 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. No requests for reservation
of easements for Public Utilities were receieved, and this fact was indicated in
the Resolution of Intention.
No special requirements have been placed upon the proponents relative to the
ings which would require an inspection of the area prior to the adoption
Resolution Ordering Vacation. Therefore, we have attached the Resolution
Vacation for your action.
proceed-
of the
Ordering
11/28/94
2
5-0264
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DIRECTOR OF ItUILIC WORKS ICITV ENGINEER
Prep.red 1t!!1 Ii, " oi Sheet
Checked It!! 1 1/ /V c5>A <:!" ~ If- of
DATE 16=-3/..'1'f
AREA VACATED SHOWN THUS
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FILE NO.1
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CITY OF SAN BERNARDINO
PUIILlC NORK. DEPARTMENT
ENGINEERING DlVI.ION
REM. .."aPERTY .__IION
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PUBLIC ULILI'lY EASn1ENr - REAR 5 FEET OF
I.DTS 87 'l1lR(XX;H 94, AND I.DTS 113 - 115
SOUlH SIDE OF 2S'lH :>!L<U;J., BE'nolEEN 1-215
AND MIRAMlNl'E DRIVE
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recorded mail to:
City Clerk. City~ll
300 North "D" stI\.A:
San Bernardino. CA 92418
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'wi!
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
THE PUBLIC UTILITY EASEMENT LYING OVER THE REAR FIVE FEET OF LOTS 87 THROUGH
94 AND LOTS 113 THROUGH 115. TRACT NO. 2259. ON THE SOUTH SIDE OF 25TH
STREET AND BETWEEN THE 1-215 FREEWAY AND HlRAI10NTE DRIVE IN SAN BERNARDINO.
BE IT RESOLVED BY THE HAYOR AND COHHON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1:
The Hayor and Common Council of the City of San
Bernardino. having heard the evidence offered in relation to the proposed
vacation of the Public utility Easement lying over the rear five feet of
Lots 87 through 94 and Lots 113 through 115. Tract No. 2259, on the South
side of 25th Street and between the 1-215 Freeway and Hiramonte Drive, more
particularly described in City Resolution of Intention No. 94-353. hereb1.
find from all of the evidence submitted that such Public Utility Easement to
be vacated by said Resolution is unnecessary for present or prospective
public utility purposes.
SECTION 2. The Hayor and Co_on Council of said City do hereby
vacate that portion of the Public utility Easement lying over the rear 5
feet of Lots 87 thorugh 94 and Lots 113 through 115, San Bernardino.
California, more particularly described as follows:
The rear 5.00 feet of Lots 87 through 94 and Lots 113
through 115, as granted on the .ap of Tract No. 2259,
recorded in Book 32 of Haps, Page 30, in the office of
the County Recorder of said County.
And is also described in said Resolution of Intention No. 94-353.
SECTION 3. The City Clerk of the City of San Bernardino shall
27 cause a certified copy of this resolution to be recorded in the office of
28 the County Recorder of the County of San Bernardino.
'28/94 1
13 MILLER
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/28/94
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1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Hayor and Co_on Council of the City of San Bernardino at a
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meeting
of
thereof
held
on the
day
I 1994, by the following vote, to-wit:
COUNCIL PIEHBERS:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHElJlAN
DEVLIN
POPE-LUDLAM
RACHEL CLARK, City Clerk
The foregoing resolution is hereby approved this
day
, 1994.
TOM MINOR, Hayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
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