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catv OF SAN BERNAC))INO - REQUEST PQ) COUNCIL ACTION
From: ROGER G. HARDGRAVE. Director
Subject: Street Vacation and Protest Hearing:
10:00 am Portion of'38th Street.
West of Pershing Avenue.
Dept: Public WorksfEngineering
Dme: April 29. 1991
Synopsis of Previous Council ection:
10/01/90 -- Authorization to proceed was given. and Plan No. 8254 was approved.
11/20/90 --- Notice of Exe~tion was filed. and a finding of consistency with
the General Plan was lude.
04/15/91 --- Resolution of Intention No. 91-134 was adopted. which sets a
public hearing date of OS/20/91 for the proposed vacation of
a portion of 38th Street. West of Pershing Avenue per attached Plan
No. 8254.
Recommended motion:
1. That the hearing be closed and the Findings of Fact as set forth in the Staff
Report fro. Roger G. Hardgrave. Director of Public Works/City Engineer as to
why that portion of 38th street West of Pershing Avenue is no longer
necessary for street purposes. be adopted.
2. Adopt Resolution.
cc: Shauna Edwins. City Admnistrator
Andrew Green. Director of Finance
JA~~ P. p.ft~n. Ci~v Attnrn~v
ContllCt penon:
Anne DeBolt
Phone:
5328
Supporting dete albt..hed: staff RellOrt. Resolution. Mall
Werd:
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FUNDING REQUIREMENTS:
Amount: Wa~s on W. O. 1266
Source: IAcct. No.1 001-302-53157
(Acct. DescriDtionl
street Vacation
Finance: l L ....t,~ i'
Council Notes:
75-0262
Agenda Item No
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ClTY:OF SAN BERNII8DINO - REQUEST FcQ COUNCIL ACTION
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staff received a request froll Hr. and Hrs. Milo Fowler to vacate a portion of 38th
street. West of Pershing Avenue in an effort to better utilize their three hillside
pieces of property located Northwesterly of said 38th street: (Assessor's Parcel
Numbers 271-091-31. 271-091-32 and 271-091-33). 38th Street in this area is a
"paper" street and has never been constructed. Authorization was given on 10/10/90. to
proceed with the proposed vacation and Plan No. 8254 was approved.
utility coapanies and City departments were notified of the proposed vacation on
11/15/90, with a reply due by 12/17/90. No negative coaaents were received. Easeaents
were requested by Southern California Edison and General Telephone Coapany over the
East 12 feet of the North 12 feet of the proposed vacation.
On 11/02/90. a Notice of Exellption was filed with the secretary of the County Board of
Supervisors. and a finding of consistency with the General Plan was aade.
On 04/15/91. Resolution of Intention No. 91-134 was adopted. reserving easllllents for
public utilities over the East 12 feet of the North 12 feet of the vacation. That
resolution sets a public hearing date of OS/20/91. On 04/24/91. the Resolution of
Intention was published in a local newspaper, Notices were posted 04/25/91 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 that portion of 38th street. West of
Pershing Avenue either for present or future street purposes. Staff reco_ends the
vacation on the basis of the following Findings of Fact:
1. The above portion of the street has been deterained by the Departaent of Puhlic
Works to be of no further necessity to the general public:
a) A Notice of Exellption was filed, and a finding of consistency with the General
Plan was aade.
b) This is a "paper" street and it has never been used as a street.
2. The required $750.00 fee has been paid.
3. All of the concerned City Departaents and utility Coapanies were notified of the
proposal and all have had the opportunity to respond. Reservations of easeaents
for Southern California Edison and General Telephone Coapany have been reserved
over the East 12 feet of the North 12 feet of the proposed vacation. along with an
easement for ingress and egress for a portion of Lot 17 of Tract No. 2436 known as
Assessor's Parcel Number 271-091-33 have been provided for in the Resolution
Ordering Vacation.
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.
04/29/91
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CITY OF SAN BERNARDINO
PU8UC WClRK8 DEPARTMENT
.-, . tONS DlVlSICIN
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RESOLUTION NO.
RESOLUTION OF THE CIn OF SAN BERNARDINO ORDERING THE VACATION OF
A PORTION OF 38TH STREET WEST OF PERSHING AVENUE IN THE CIn OF SAN
BERNARDINO AND RESERVING EASEKENTS FOR PUBLIC UTILITIES AND AN EASEKENT FOR
INGRESS AND EGRESS FOR A PORTION OF LOT 17 OF TRACT NO. 2436 THEREIN.
BE IT RESOLVED BY THE KAYOR AND COHMON COUNCIL OF THE CIn OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Coaon Council of the City of San
Bernardino, having heard the evidence offered in relation to the proposed
vacation of a portion of 38th Street West of Pershing Avenue, IlOre
particularly described in City Resolution of Intention No. 91-134. here~
find froll all of the evidence submitted that such street proposed to be
vacated ~ said Resolution is unnecessary for present or prospective street
purposes.
SECTION 2. The Mayor and Co_on Council of said City do hereby
vacate a portion of 38th Street. West of Pershing Avenue. San Bernardino.
California. lIore particularly described as follows:
That portion of 38th Street as delineated on the _p of
Tract No. 2436. as per plat recorded in Book 34 of Maps,
Page 91. in the office of the County Recorder of said
County. described as follows:
Beginning at the Northeast corner of Lot 18 of said Tract
No. 2436; thence Southwesterly along the North line of
said Lot 18. a distance of 131.70 feet; thence North-
westerly along the Southerly prolongation of the North-
easterly line and the Northeasterly line of Lot 15 of
uid Tract No. 2436. a distance of 40.8 feet; thence
Northeasterly along the Southerly line of Lots 16 and 17
of said Tract No. 2436. a distance of 158.71 feet to the
West line of PershiDlf Avenue (Reid Place) as shown on the
up of uid Tract No. 2436; thence South along the South-
erly prolongation of the West line of said Pershing
Avenue, a distance of 44.48 feet to the Point of
Beginning .
And is also described in said Resolution of Intention No. 91-134.
SECTION 3. Nothing in this Resolution shall in any way affect or
disturb any existing easuent belonging either to the City of San Bernardino
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STREET VACATION: PORTION OF 38TH STREET,
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WEST OF PERSHING AVENUE.
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1 or to any public utility, and there is hereQy specifically reserved over the
2 East 12 feet of the North 12 feet, for Southern California Edison and
3 General Telephone Company, easeJllents to construct, place. operate, inspect,
4 maintain. repair. replace, and relllove such aerial and underground electrical
5 and teleco.-unication transmission structures. as the companies may from
G time to time require, consisting of poles, anchors, wires, cables. conduits,
7 manholes. markers. and necessary fixtures and appurtenances. including the
8 rights of ingress and egress, thereto. There is also specifically reserved
9 an easement for ingress and egress for a portion of Lot 17 of said Tract No.
10 2436, known as Assessor's Parcel Number 271-091-33.
11 SECTION 4. The City Clerk of the City of San Bernardino shall
12 cause a certified copy of this resolution to be recorded in the office of
13 the County Recorder of the County of San Bernardino.
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129/91 2
04129/91
:>lkt.El VAI.:AlluN: .i:'UR1'lUN OF 36TH STREET.
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WEST OF PERSHING AVENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Co.on Council of the City of San Bernardino at a
meeting
thereof
held
on the
day
of
. 1991. by the following vote. to-wit:
COUNCIL KEKBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
HAUDSLEY
KINOR
POPE-LUDLAK
KILLER
City Clerk
The foregoiog resolution is hereby approved this
day
. 1991.
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and legal content:
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W. R. Hole_b. Mayor
City of San Bernardino
JlIIIeS F. Pmman.
City Attorney
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