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CITY OF SAN'.RNBtDlNO - R.QUBST
Ffle No. 15.30-276
elL ACTION
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Dept:
Date:
ROGER G. HARDGRAVE, Directo,REC'D~.ADMlthullUt:
1999 J\lM - \ r'rI 2: 28
Public Works /Engineering
May 23, 1989
Street Vacation: Resolution
Ordering Vacation: Portion of
Atlantic Avenue, West of Palm
Avenue
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Synopsis of Previous Council action:
02/20/89 --- Authorization to proceed was given, and Plan No. 7692 was approved.
04/17/89 --- Resolution of Intention No.89~106 was adopted, which sets a public
hearing date of 05/15/89 for the prop~sed vacation of a portion of
Atlantic Avenue, West of Palm Avenue, per attached Plan No. 7692
05/15/89 --- 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
April 17, 1989, as to why that portion of Atlantic Avenue is no
longer necessary for street purposes, was adopted.
05/15/89 --- Negative Declaration was adopted and a finding of consi$tency with
the Interim Policy Documeot was made.
Recommended motion:
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Adopt the Resolution.
cc: Andrew Green, Director, Finance
Jim Robbins, Acting City Administrator
Jim Richardson, Deputy City Administrator
James F. Penman. Ci tv Attorney
Contact person:
Anne..DeBolt
Phone:
W8rd:
5328
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Supportingd8ta attached: Staff Report, Plan
FUNDING REQUIREMENTS:
Amount: Wages on W.O. 1266
SourC8: (Acct. No.1
001-302-53157
(Acct. DescriDtionl
Vacation filin~
Fin8RC8: ( J:i--
QnCilNotes:
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CITY' OF SAN BERNaDINO - RIEQUEST & COUNCIL ACTION
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STAFF REPORT
Upon receiving a request to vacate a portion of Atlantic Avenue, West of Palm Avenue,
from the State of California. Department of Transportation, which represents 50S of
those owners who adjoin the area proposed for vacation, authorization was given on
February 20, 1989, to proceed with the proposed vacation and Plan No. 7692 was
approved.
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Utllitycompanies and City departments were notified of the proposed vacation. On
April 17, 1989, Resolution of Intention No. 89-106 was adopted, reserving easements
for public utilities. That resolution set a public hearing date of May IS, 1989. On
April 26, 1989, the Resolution of Intention was published in a local newspaper,
Notices were posted in the area proposed for vacation, and property owners adjacent to
the proposed vacation were notified of said hearing.
On May IS, 1989, 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 from the
Director of Public Works/City Engineer dated April 17, 1989, as to why that portion of
Atlantic Avenue, West of Palm Avenue is no longer necessary for street purposes, was
adopted.
On May IS, 1989, a Negative Declaration was adopted and a finding of consistency with
the .General Plan was made. .
There appears to be no further necessity for a portion of Atlantic Avenue, either fQr
present or future street purposes. The entire area of Atlantic Avenue between Palm
and Orange will become part of State Highway 30 right-of-way in the near future.
Staff recommends the vacation. On this basis, we have attached the said Resolution
Ordering Vacation, for your action.
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5-23-89
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CITY OF $AN BERNARDINO
fIU8I Ie WClAK8 DEPARTMENT
eP~1EER1NG ,.DlVISION
.... P...afl.....1 V SECTION
STMET I ALL.EV VACM'ION I
Ie 1>OttrlON of ATL.AN1'Ie AVENUE]
was" ()~ ~ALM AVENUE
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF A PORTION OF ATLANTIC AVENUE. WEST OF PALM AVENUE. IN THE CITY OF SAN
BERNARDINO AND RESERVING AN EASEMENT FOR PUBLIC UTILITIES THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Comon Council of the Ci ty of San
Bernardino. having heard the evidence offered in relation to the proposed
vacation of a portion of Atlantic Avenue. West of Palm Avenue. more
particularly described in City Resolution of Intention No. 89-106. hereby
fi nd from all of the evi dence submi tted that such street proposed to be
vacated by said Resolution is unnecessary for present or prospective street
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purposes.
SECTION 2. The Mayor and Comon Council of said City do hereby
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vacate a portion of Atlantic Avenue. West of Palm Avenue. San Bernardino.
California. more particularly described as follows:
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Commencing at the intersection of the centerline of
Atlantic Avenue and Palm Avenue. said point also being
the Corporate City Li mit Li ne of the City of-5an
Bernardino as it now exists; thence Westerly along said
centerline and said Corporate City Limit Line. a distance
of 52.00 feet. to the True Point of Beginning; . thence
continuing Westerly along said centerline and said
Corpora te Ci ty Limit Line. to its intersectio.nwi th . the
Southerly prolongation of the West line of Lot 6. Tract
No. 1745. as per Map recorded in Book 25 of Maps. Page
32. Records of said County; thence North 58" 04' 50. West
to its intersection with the Westerly prolongation of the
South line of said Lot 6; thence Easterly along said
prolongation and the South line of said Lot 6. to a point
52.00 feet West of the centerline of said Palm Avenue. as
measured at right angles; thence. Southerly along a line
parallel to the centerline of Palm Avenue. 20.00 feet to
the True Point of Beginning.
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SECTION 3. Nothing in this Resolution shall in any way affect
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STREET VACATIOC:> A PORTION OF ATLANTIC AVENUE,<:)ST OF PALM AVENUE
either to the City of San Bernardino or to any publfc utility, and there is
hereby specifically reserved, for the SoCalGas Co., a California
corporation, the easement and right at any time, or from time to time to
construct, maintain, operate, replace and renew one or more pipelines and
appurtenances thereto for the transportation of gas, and for incidental
purposes, including the right of ingress and egress thereto, and an easement
for Pacific Bell to construct, place, operate, inspect, maintain, repair,
replace and remove such aerial and underground telephone, telegraph and
communication 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.
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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STREET VACATIO~ A PORTION OF ATLANTIC AVENUE. ~ST OF PALM AVENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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f4ayor and Common Council of the CHy of San Bernardi no at a
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meeting thereof held on the
day
of
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. by the following vote. to-wit:
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AYES: Council Members
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NAYS:
ABSENT:
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Ci ty Clerk
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The foregoing resolution is hereby approved this
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day of
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w. R. Holcomb. Mayor
City of San Bernardino
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and legal content:
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James F. Penman
City Attorney
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