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. 0 0 ~ File No. 15.30-278
CITY OF SAN BBRNARDlNO - REQUEST FoR-6ouNCIL ACTION
OFrom:
ROGER G. HARDGRAVE, Director
REC'O.-A....MrtDFF. Resolution of Intention: Vacation of
-9 ",AY 31 .u 10: 3dlortions of Chestnut Avenue, North
~ II Rn ~f Irvington Avenue
Dept:
Public Works IEngineering
May 26, 1989
fI-
Det8:
Synopsis of Previous Council Betion:
03~13-89 -- Authorization to proceed was given. and Plan No. 7717 was
approved.
Recommended motion:
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Adopt Resolution
cc: Jim Robbins Acting City Administrato
Jim Richardson, Deputy City Administra
James Penman. City Attorney
Phone:
P1a"w
erel:
5328
5
Contact person:
Anne DeBolt
Staff Report. Resolution.
Supporting date atteched:
FUNDING REQUIREMENTS:
Amount: Nnn..
Source: (Acct. No.)
(Acct. DescriDtion)
Finance:
o Council Notes:
05-26-89
Agenda Item NO~
75.0262
.CIT~ OF SAN BI!RN&DINO
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- RBQUI!ST FOR COUNCIL ACTION
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STAFF REPORT
This request was City ini tiated relative to the construction of the Chestnut
Drain within the proposed vacation.
On 03-13-89, authorization was given to proceed with the proposed vacation,
and Plan No. 7717 was approved.
All of the interested City Departments
notified of the proposal on 03-21-89, with
responses are attached for your information.
A drainage easement over the Westerly 45.00 feet, will be reserved for the
Chestnut Drain and for Park and Recreation purposes. The entire surface of
the drainage easement shall be available for use as. hiking trails, bridle
paths and other recreational uses as determined by the Planning and Park and
Recreation Departments. The Easterly 15.00 feet of the vacated street shall
be included in the development plans pursuant to two tentative subdivisions
planned for the area.
and Utility Companies
a reply due by 04-21-89.
were
The
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The normally required vacation fee of $400.00 will not be received. as this
is a City initiated project. The Resolution of Intention, which sets a
protest date of 07-17-89, has been attached hereto for your action also.
Upon the approval of said Resolution, all adjacent property owners will be
notified by mail of the hearing date.
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05- 26-89
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5-26-89
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CITY OF. SAN BERNARDINO
PUBLIC 1CIRK8 DEPARTMENT
Et-.......&NII D1V181C1N
REJIlL. PAOwI..,.. V s. rlDN
STREET I ALLEV VACM'IDN I
(!HESTMJr A-VINtlE ~DR.TH D1=
~ V/~n:w" AV&NUE
FILl NO.I/,5.SO-/t, PLAN NO.1 ''I
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION
TO ORDER THE VACATION OF PORTIONS OF CHESTNUT AVENUE, NORTH OF IRVINGTON
AVENUE AND SOUTH OF OHIO AVENUE, AND RESERVING EASEMENTS THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOllOWS:
SECTION 1.. That the Mayor and Conunon Counci 1 of the Ci ty of San
Bernardino hereby declares its intention to order the vacation of
portions of Chestnut Avenue, North of Irvington Avenue. and South of Ohio
Avenue, described as .foll ows:
Portions of Chestnut Avenue, as delineated on the Map of
the Irvington land and Water Company Subdivision, as per
p 1 a t thereof, recorded in Book 1 of Records of Survey,
Page 32, Records of the County Recorder of San Bernardino
County, State of California:
Those portions of Chestnut Avenue 60.00 feet wide, as
said street was reduced in width by actiOn of the San
Bernardino County Board of Supervisors,dated February
21, 1910, lying between the North line of Irvington
Avenue, 60.00 feet wide, and the South line of Belmont
Avenue 60.00 feet wide, and between the North line of
Belmont Avenue, 60.00 feet wide, and the South 1fne of
Ohio Avenue, 60.00 feet wide.
SECTION 2. That the Mayor and Common Council of the City of San
Bernardino, in vacating the above described portion of said street, elects
19 to proceed under and in accordance with the provisions of the "Public
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Streets, Highways and Services Vacation law., being Division 9, Part 3, of
the Streets and Highways Code of the State of California.
SECTION 3. That the hour of 10 :00 A.M. on the 17th of July,
1989, in the Council Chamber of the City Hall, San Bernardino, California,
be, and the same hereby is fixed as the time and place when and where all
persons interested in or objecting to the proposed vacation may appear
before the said Mayor and Common Council and offer evidence in
relation thereto. For further particulars as to the proposed vacation of
the hereinbefore described portion of said street, reference is made to that
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05-26-89
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VACATION OF PORTIONS OF CHESTNUT AVENUE. NORTH OF IRVINGTON AVENUE AND
SOUTH OF OHIO AVENUE
map marked .Plan No. 7717" approved March 13. 1989. on file in the office
of the City Clerk of s~1d City.
SECTION 4. Nothing in this Resolution shall in any way effect or
disturb-any existing easements for public utility purposes belonging either
to the C1 ty of San Bernardi no or to any pub 11 c ut111 ty. and there 1 s hereby
specH1 ca lly reserved an easement for Southern Cali fornfa Edison to
construct. place. operate. inspect. maintain. 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. including the right of ingress and egress thereto. also
reserving an easement for drainage purposes an~ for Park and Recreation
purposes. including all appurtenant facilities. for the City of San
Bernardino. in. over. under and across the Westerly 45.00 feet of said
Chestnut Avenue for the entire distance of the proposed vacation. together
with the right of ingress and egress thereto. The easement herein granted
shall include the right to construct. reconstruct. inspect. maintain and
repair the drain and all appurtenant facilities.
SECTION 5. That ;the City Engineer of the City of San Bernardino
hereby is directed to cause Notices of Street Vacation to be posted as
required by the Public Streets. Highways and Services Vacation Law.
SECTION 6. That the City Clerk shall certify to the adoption of
this Resolution of Intention and shall cause the same to be published once a
week for two successive weeks in The Sun. a newspaper published and
circulated in the City of San Bernardino. prior to the date of the above
public hearing.
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05-26-89
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VACATION OF PORTIONS OF CHESTNUT AVENUE, NORTH OF IRVINGTON AVENUE AND
SOUTH OF OHIO AVENUE
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeti ng
held: on the
thereof
day
of
, 19_, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoi ng reso 1 uti on is hereby approved this
day
of
, 19
.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City A torney
by:
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