HomeMy WebLinkAbout26-Public Works
, cr'TY OF SAN BERtOIDINO - REQUEST OR COUNCIL ACTION
ROGER G. HARDGRAVE, Director
Subject:
Street Vacation and Protest Hearing
10:00 am and Resolution Ordering
Vacation: a portion of Irvington Ave.
lying Westerly of Magnolia Avenue,
o
Public Works/Engineering
Date: February 24, 1992
Synopsis of Previous Council ection:
11/04/91
01/13/92
Authorization to proceed was given, and Plan No. 8601 was approved.
Notice of Exemption filed with the County Board of Supervisors and
a finding of consistency with the General Plan was made.
02/17/92 --- Resolution of Intention No. 92-57 was adopted, which sets a
public hearing date of 03/16/92 for the proposed vacation of
a portion of Irvington Avenue lying Westerly of Magnolia Avenue,
per attached Plan No. 8601.
Recommended motion:
01.
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 portion of Irvington Avenue lying Westerly of Magnolia Avenue, is no
longer necessary for street purposes, be adopted.
2.
Adopt Resolution.
cc:
Shauna Clark, city Administrator
Andrew Green, Director of Finance
James F. Penman, ,City Attorney
Contect person:
Anne DeBolt
Phone:
5328
Supporting date BttBched: Staff Report, Resolution, Map
Ward:
5
FUNDING REQUIREMENTS:
Amount: Wages on W. O. 1266
Source: (Acct. No.) 001-302-53157
/Acct. DescriDtionl
Street Vacation
Finance:
'J1l
.
./
./
Oil Notes:
75-D262
Agenda Item NO.-:J..1o
CITY' OF SAN BERN~DINO - "REQUEST lOR COUNCIL ACTION
o
o
o
75-0264
STAFF REPORT
This vacation was City initiated. 1be major portion of this section of Irvington
Avenue is encumbered by the flood control channel (Cable Creek) which increase the
City of San Bernardino's liabi li ty. It was decided that vacating this "paper" street
would help minimize the City's liability.
utility companies and City departments were notified of the proposed vacation on
11/20/91, with a reply due by 12/20/92. No negative comments were received.
On 01/13/92, a Notice of Exemption was filed with the County Board of Supervisors and
finding of consistency with the General Plan was made.
On 02/17/92, Resolution of Intention No. 92-57 was adopted, reserving an easement for
sewer and apurtenant facilities over a portion of the area, and an easement for public
utilities over another portion of the area of the vacation. That resolution set a
public hearing date of 03/16/92. On 02/26/92, the Resolution of Intention was
published in a local newspaper, Notices were posted in the area proposed for vacation,
and all property owners adjacent to the proposed vacation were notified of said
hearing.
As there are no plans to utilize this portion of Irvington Avenue as a street,
presents the following Findings of Fact:
Staff
1. The above portion of the street has been determined by the Department of Public
Works to be of no further necessity to the general public and that there are no
present or future uses planned.
a) A Notice of Exemption was filed with the Clerk of the County Board of Super-
visors, .and a finding of consistency with the General Plan was made.
b)
Traffic flow does not warrant a street in this area, and the San
County Flood Control channel encumbering the "street" increase the
of the City of San Bernardino in case of an accident.
Bernardino
liability
2. The vacation of this "paper" street was City initiated.
3. All of the concerned City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Reservations of easements
for sewer and appurtenant facilities and public utilities have been reserved over
certain portions of the proposed vacation, and the same have been provided for in
the Resolution of Intention.
Staff recommends the vacation of this "paper" street on the basis of the above Find-
ings of Fact. Therefore, we have attached the Resolution Ordering Vacation for your
action.
02/24/92
2
~
.
---
...~w----'
"
,
....../lJa:
I
I
I
I
..~
,
II'.
.-
@
'81"
PID Q)
\ ".'ac_",
I
,
~,
(
\
\ /
~~ "
LAta OF
PR-'fr)lEt)
VAeAT7tW
~
PLlIIl" "0.1
CITY OF SAN BERNARDINO
~IC NaRKS DEPARTMENT
I!NCUNEEJUNG DIVISICIN
Sheet R&M. ~NJII SA I Y BECTICIN
t.fL
STAllET I ~J: YACRICIN I
~a~/~"1l.;~~t~.
~V~f.lL .
o
o
o
O? 1?4/Q?
.
Requested by a~when recorded
City Clerk, Ci Hall
300 North "D" reet
San Bernardino, CA 92418
mail to:
o
1
2
3
4
5
6
7
8
9
10
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
A PORTION OF IRVINGTON AVENUE, WESTERLY OF MAGNOLIA AVENUE, IN THE CITY OF
SAN BERNARDINO, AND RESERVING AN EASEMENT FOR SANITARY SEWER AND APPURTENANT
FACILITIES, AND A PUBLIC UTILITY EASEMENT THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1:
Tbe Mayor and Common Council of the City of San
Bernardino,
having heard the evidence offered in relation to the proposed
11 vacation of the portion of Irvington Avenue lying Westerly of Magnolia
12 Avenue, more particularly described in City Resolution of Intention No.
13 92-57, hereby find from all of the evidence submitted that such street
14 proposed to be vacated by said Resolution is unnecessary for present or
15
16
17
18
19
20
21
22
23
24
25
26
27
28
prospective street purposes.
SECTION 2.
Tbe Mayor and Common Council of said City do hereby
vacate that portion of Irvington Avenue, Westerly of Magnolia Avenue, San
Bernardino, California, more particularly described as follows:
Tbose portions of Irvington Avenue, as delineated on the
Map of Irvington Land and Water Company Subdivision, as
per plat thereof recorded in Book 1 of Records of Survey,
Page 32, Records of the County Recorder of San Bernardino
County, State of California, described as follows:
PARCEL NO.1:
Beginning at a point in the Northeasterly line of
Irvington Avenue, 60 feet wide. as said street was
reduced in width by action of the San Bernardino County
Board of Supervisors, dated February 21, 1910. said point
being Northwesterly thereon. a distance of 32 feet from
the centerline of Magnolia Avenue; thence Northwesterly
along said Northeasterly line of Irvington Avenue to a
point in said Northeasterly line which is Southeasterly
thereon, a distance of 44 feet from the centerline of
Little League Drive; thence Southwesterly at right
angles, to the Southwesterly line of said Irvington
o
o
o
02/24/92
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
STREET VACATION: PORTION OF IRVINGTON AVENUE LANG "'"ESTERLY OF
o MAGNOLIA AVENUE U
Avenue; thence Southeasterly along said Southwesterly
line to a point in said Southwesterly line which is
Westerly thereon, a distance of 32 feet from the center-
line of said Magnolia Avenue; thence Northeasterly at
right angles. to the Point of Beginning.
PARCEL NO.2:
Beginning at a point in the Northeasterly line of
Irvington Avenue, 60 feet wide. as said street was
reduced in width by action of the San Bernardino County
Board of Supervisors, dated February 21, 1910, said point
being Northwesterly thereon, a distance of 44 feet from
the centerline of Little League Drive; thence North-
westerly along said Northeasterly line of Irvington
Avenue to the Westerly boundary of said Map of Irvington
Land and Water Company Subdivision; thence Southwesterly
along said Westerly boundary to the Southwesterly line of
said Irvington Avenue; thence Southeasterly along said
Southwesterly line of Irvington Avenue to a point in said
Southwesterly line which is Northwesterly thereon, a
distance of 44 feet from the centerline of said Little
League Drive: thence Northeasterly at right angles. to
the Point of Beginning.
And is also described in said Resolution of Intention No. 92-57.
SECTION 3. Nothing in this Resolution shall in any way affect or
disturb any existing easements for public utility purposes belonging either
17 to the City of San Bernardino or to any public utility and there is further
18 reserved for present and future general public utility purposes, and for
19 this City, an easement reasonably necessary to locate sanitary sewer WId
20 appurtenant facilities in, over, under, and across the Northwesterly 15.00
21 feet of that portion of Irvington Avenue lying Southwesterly of Little
22 League Drive, along with the right to construct. use, install. maintain,
23 repair, replace or renew such facilities. The easement herein granted to
24 the City of San Bernardino shall include the right to use such area adjacent
25 to the easement as may be reasonably necessary for performing the work and
26 for access to the work during construction and includes rights of ingress
27 and egress. There is also specifically reserved, an easement for Southern
28 California Gas Company, over the Southwesterly 45.00 feet of that ~ortion of
?
o
o
o
02124/92
.
STREET VACATION:
o
PORTION OF IRVINGTON AVENUE LYING w~STERLY OF
MAGNOLIA AVENUE 0
1 Irvington Avenue lying Northwesterly of Little League Drive. to construct.
2 place. maintain, operate. inspect, repair, replace and renew one or more
3 pipelines and appurtenances thereto, for the transportation of natural gas,
4 and for incidental purposes, including the right of ingress and egress
5 thereto.
6 SECTION 4. The City Clerk of the City of San Bernardino shall
7 cause a certified copy of this resolution to be recorded in the office of
8 of the County Clerk of San Bernardino County.
9 / /
10 / /
11 / /
12 / /
13 / /
14 / /
15 / /
16 / /
17 / /
18 / /
19 / /
20 / /
21 / /
22 / 1
23 / /
24 / /
25 / /
26 / /
27 / /
28 / /
3
1
2
3
4
5
6
7
8
9
10
11
12
13
o 14
o
o
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02/24/92
STREET VACATION: PORTION OF IRVINGTON AVENU~ ~NG WESTERLY OF
o MAGNOLIA A VENUE V
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the
Mayor and Common Council of the City of San Bernardino at a
meeting
thereof
held
on the
da~'
of
. 1992. by the following vote. to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
----
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
-------
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
day
of
. 1992.
W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman.
City Attorney
"'rf-- 7- 1,,"-
/.